U.S. Naturalization Policy
Released: 2014-01-16T00:00:00

Introduction

Naturalization is the process by which an immigrant attains U.S. citizenship after he or she fulfills requirements established by Congress and outlined in the Immigration and Nationality Act (INA). U.S. immigration policy gives all lawful permanent residents who meet the naturalization requirements the opportunity to become citizens.

Applying for citizenship is a voluntary act and represents an important milestone for immigrants. Naturalization and citizenship are generally viewed as a measure of immigrants' assimilation and socioeconomic integration to the United States. The policy manual of U.S. Citizenship and Immigration Services (USCIS) of the Department of Homeland Security (DHS) states:

United States citizenship is a unique bond that unites people around civic ideals and a belief in the rights and freedoms guaranteed by the U.S. Constitution. The promise of citizenship is grounded in the fundamental value that all persons are created equal and serves as a unifying identity to allow persons of all backgrounds, whether native or foreign-born, to have an equal stake in the future of the United States.

Naturalization requirements include U.S. residence (typically five years), the possession of good moral character, demonstrated English proficiency, and a basic knowledge of U.S. civics and history. (See " Naturalization Requirements " below.)

Practically, naturalized immigrants gain important benefits, including the right to vote, security from deportation, access to certain public-sector jobs, and the ability to travel abroad on a U.S. passport. U.S. citizens are also advantaged over lawful permanent residents (LPRs) for sponsoring relatives to immigrate to the United States. Despite the benefits of U.S. citizenship status over lawful permanent residence status, substantial numbers of LPRs who are eligible to naturalize have not done so.

Congress is currently considering extensive reforms to U.S. immigration laws which, if enacted in some form, could affect naturalization policy and the number of persons who naturalize each year. The Border Security, Economic Opportunity, and Immigration Modernization Act ( S. 744 ) passed by the Senate in June 27, 2013 included several naturalization-related provisions. The bill would grant legal status for many unauthorized aliens currently residing in the United States; increase the number of LPRs admitted under family- and employment-based provisions of the INA; and ease naturalization requirements for older and disabled LPRs. Such provisions would increase the number of immigrants eligible to naturalize.

The House has reported four immigration bills, including H.R. 2278 , the Strengthen and Fortify Enforcement Act (SAFE Act), and H.R. 2131 , the Supplying Knowledge-based Immigrants and Lifting Levels of STEM Visas Act (SKILLS Visa Act). These two bills contain provisions that would alter current admission levels of family- and employment-based immigration, as well as naturalization criteria, which, in turn, would alter the number of immigrants eligible to naturalize.

This report reviews the rights and obligations that come with naturalization. It examines the naturalization process, discusses recent trends regarding who, among the roughly 1 million immigrants entering the United States each year, ultimately becomes a U.S. citizen, and discusses recent naturalization-related policy issues. While the process of naturalization can be analyzed relative to different legal statuses, the emphasis of this report is limited to the naturalization of lawful permanent residents.

Impacts of Naturalization

Rights of Citizenship

The Constitution and laws of the United States give many of the same rights to both non-citizens and U.S. citizens living in the United States. However, only U.S. citizens may

vote in federal, state, and most local elections; receive U.S. citizenship for their minor children born abroad; travel with a U.S. passport and receive diplomatic protection from the U.S. government while abroad; receive full protection from deportation and loss of residence rights; meet the citizenship requirement for federal and many state and local civil service employment, including jobs with law enforcement agencies and Defense Department contractors; receive the full range of federal public benefits and certain state benefits; participate in a jury; and run for elective office where citizenship is required.

U.S. citizens may also sponsor family members living abroad for legal permanent residence to a greater extent than LPRs (i.e., married minor and adult children, and siblings). U.S. citizens may sponsor certain relatives for legal permanent residence—spouses, minor unmarried children, and parents—outside of numerical limits established in the INA. As such, their sponsored relatives may immigrate to the United States immediately without having to wait for a visa. In contrast, LPRs must sponsor relatives for LPR status within numerically limited family preference categories that require waiting for a visa to become available.

Other benefits from naturalization include access to public benefits which may either be restricted to only U.S. citizens or may require five to seven years of LPR status. Access to state and local public benefits according to legal status varies by state.

Citizenship is permanent and relieves one of the continuous residency requirements LPRs must meet to maintain their legal status as well as to preserve their option to naturalize (see " Continuous Residence " below). Except for acts that bear on the integrity of the naturalization process itself, citizenship through naturalization is as secure as citizenship acquired at birth (see " Dual Citizenship " below).

Outcomes for the United States

The United States benefits from having eligible foreign-born persons naturalize and acquire U.S. citizenship. By naturalizing, the foreign born are able to vote in public elections, participate in jury duty, and run for elective office where citizenship is required. Symbolically and legally, naturalization represents an individual's commitment to his or her new country, sufficiently so that Congress has sometimes introduced legislation to facilitate naturalization and discourage dual citizenship (see " Dual Citizenship " below).

In addition to greater civic participation and commitment, empirical research offers evidence of economic benefits to the foreign born who naturalize, including a number of studies showing significant wage gains after controlling for personal characteristics such as education and work experience. Such impacts can be considerable when aggregated to the national level.

Naturalization Requirements

To qualify for U.S. citizenship, LPRs must meet four major requirements. They must

be at least 18 years of age; reside continuously in the United States for five years (three years for spouses of U.S. citizens); be of good moral character; demonstrate the ability to read, write, speak, and understand English; pass an examination on U.S. government and history; and be willing and able to take the naturalization Oath of Allegiance.

USCIS is responsible for reviewing all naturalization petitions to ensure applicants meet U.S. citizenship eligibility requirements. This assessment includes security and criminal background checks, a review of the applicant's entire immigration history, an in-person interview; an English test, and a civics knowledge exam. Petitioners bear the burden of proof to demonstrate that they entered the United States lawfully. Upon approval, they must take an oath of allegiance to the United States and renounce allegiance to any foreign state. Persons whose naturalization applications have been denied may request a hearing before an immigration officer.

Continuous Residence

To be naturalized, a person admitted as an LPR must have resided continuously for at least five years within the United States prior to the date he or she filed a naturalization application. For periods totaling at least half of that time, the individual must have been physically present in the United States. The individual also must have lived for at least three months within the State or district in which he or she filed the application.

The period of continuous residence required for naturalization is broken by an absence of over a year unless the alien is employed abroad by the government, an international organization, a research institute, or an American company engaged in foreign trade. An absence of between six months and one year presumptively breaks continuous residence unless the petitioner can establish that he or she did not abandon U.S. residence during that period.

Certain classes of LPRs either are exempt from the residency requirement or are subject to shorter residency periods. Unmarried children under age 18 living with a citizen parent are exempt from any residency requirement. The residency requirement for spouses of American citizens is three years instead of five years, and the physical presence requirement is one and a half years. Residency requirements also are modified for other special classes.

Good Moral Character

To be eligible for naturalization, petitioners must demonstrate that they have been persons of good moral character during the applicable statutory period (five years in most cases) preceding their petition. The definition of good moral character can be found not in the INA but in case law interpretation. However, the INA bars a finding of good moral character if a naturalization applicant, over the course of the applicable statutory period, commits certain crimes or engages in certain illegal or what are widely considered immoral acts and behaviors.

Anyone convicted of an aggravated felony at any time is statutorily barred from naturalization. Aggravated felonies according to the INA include murder, rape, and sexual abuse of a minor; illegal trafficking in firearms; supervising a prostitution business; receiving stolen property; and, fraud or deceit in which the victims' losses exceed $10,000, among other offenses.

The USCIS naturalization examiner may go beyond what is specified in the INA to assess good moral character. For example, failure to pay child support may be a significant factor. Although adultery was removed as a statutory bar to naturalization in 1981, it may still be a basis for denying a petition under certain conditions. The INA prohibits naturalization of persons opposed to government law, persons who favor totalitarian forms of governance, and deserters from the Armed Forces.

English Language Proficiency and Civics Knowledge

Persons wishing to be naturalized must demonstrate an understanding of English, specifically an ability to read, write, and speak words in ordinary usage in the English language. The language requirement is waived for those who are at least 50 years old and have lived in the United States at least 20 years, or who are at least 55 years old and have lived in the United States at least 15 years. For individuals for whom the language requirement is waived, the civics test is given in their native language. Special consideration on the civics requirement is to be given to aliens who are over 65 years and have lived in the United States for at least 20 years. Both the language and civics requirements are waived for those unable to comply because of physical or developmental disabilities or mental impairment. LPRs who serve in the U.S. military are eligible for expedited processing and waivers of certain requirements (see " Military Naturalizations " below).

The Naturalization Process

Application Procedures

Naturalization applicants file the USCIS Form N-400 naturalization application with USCIS along with a $680 fee. Following formal acknowledgement of receipt of the application, USCIS instructs applicants regarding a mandatory appointment to have their fingerprints recorded. USCIS then schedules interviews with the applicants. During the interview, applicants are tested on their English ability and civics knowledge. They have the option of taking a standardized civics test or of having the INS examiner quiz them about civics during the naturalization interview. Interview and exam results are provided to applicants at the end of the interview.

Those who pass their interviews and exams become American citizens upon taking the Oath of Allegiance to the United States in a naturalization ceremony that can occur either the same day or in a ceremony at a later date. At the time of the naturalization ceremony, LPRs are expected to bring several USCIS documents, including their Permanent Resident Card ("green card") which they will no longer need. Lost cards may warrant further investigation and the demand for a police report. After an LPR has taken the Oath, USCIS issues a naturalization certificate (Form N-550) to document the individual's new status as a U.S. Citizen.

Child Naturalization

The INA specifies three general ways for a child to obtain citizenship through his or her parents, depending on whether or not the child was born in the United States, and for children born overseas, whether or not they reside in the United States. These sets of regulations are summarized as follows:

A child born in the United States automatically acquires U.S. citizenship regardless of the legal status of his or her parents, based on the principle of jus soli and codified in the Citizenship Clause of the Fourteenth Amendment of the U.S. Constitution and Section 301(a) of the INA.

A child born outside the United States who resides in the United States automatically acquires U.S. citizenship at birth if: (1) at least one parent, including an adoptive parent, is a U.S. citizen by birth or naturalization; (2) the child is under 18 years of age; (3) the child is an LPR; and (4) the child is residing in the United States in the legal and physical custody of the citizen parent.

A child born outside the United States who reside s outside of the United States does not automatically acquire U.S. citizenship. That child may become a U.S. citizen if a U.S. citizen parent applies for it on their behalf. The following conditions must be met: (1) at least one parent, including an adoptive parent, is a U.S. citizen by birth or naturalization; (2) the U.S. citizen parent must have resided at least five years in the United States, of which at least two years were after his or her 14 th birthday; (3) the child is under 18 years of age; (4) the child is residing outside of the United States in the legal and physical custody of the citizen parent; (5) the child has been lawfully admitted temporarily to the United States and remains in lawful status.

Military Naturalizations50

The INA contains several provisions facilitating the application and naturalization process for foreign-born military personnel of most branches of the U.S. armed forces and recently discharged members. Requirements and qualifications (see " Naturalization Requirements ") are similar, but military personnel are exempt from residence and physical presence requirements. The INA distinguishes between peacetime and wartime service. For current or past peacetime military service, naturalization applicants are not required to meet the naturalization residency requirements if they apply while still in the service or within six months of discharge. Service must be for periods aggregating at least one year, and separation must not occur under anything except honorable conditions. Applicants must also be lawful permanent residents.

For current or past wartime military service, naturalization applicants are also not required to meet the naturalization residency requirements, but there are no conditions regarding the timing of the applicability of this exemption. Service of any length of time during a period of military hostilities, even one day, qualifies the applicant for naturalization. Separation must not occur under anything except honorable conditions. Wartime applicants need not be lawful permanent residents, as long as they are present in the United States at the time of their enlistment or reenlistment. Since 2002, noncitizens serving honorably in the U.S. armed forces on or after September 11, 2001 may file immediately for citizenship.

Military naturalization applicants are exempt from USCIS naturalization fees. Spouses of U.S. armed forces personnel stationed overseas who apply for naturalization may have their time abroad counted as residence and physical presence in the United States and may complete the naturalization process abroad. Similar provisions apply to children of U.S. armed forces personnel.

Since August 2009, the Naturalization at Basic Training Program has offered enlistees the option to naturalize upon graduation from basic training. Citizenship obtained through military service may be revoked if the individual obtaining it separates from the military under "other than honorable conditions" before completing five years of honorable service. In FY2012, USCIS naturalized 8,693 military service members. Between FY2002-FY2012, USCIS naturalized 83,532 members, mostly in the United States.

Same-Sex Marriage

Following the June 2013 Supreme Court decision holding that Section 3 of the Defense of Marriage Act (DOMA) was unconstitutional, President Obama directed federal departments to implement the decision for federal benefits for same-sex legally married couples. USCIS was directed to review immigration visa petitions filed on behalf of same-sex spouses in the same manner as those filed on behalf of opposite-sex spouses. For purposes of naturalization, time spent in marital union with a same-sex spouse is now being treated exactly the same as opposite-sex marriages for fulfilling the required residence period.

Naturalization Oath of Allegiance

An alien seeking to become a naturalized citizen must take the Naturalization Oath of Allegiance to the United States of America before citizenship can be granted:

I hereby declare, on oath, that I absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty, of whom or which I have heretofore been a subject or citizen; that I will support and defend the Constitution and laws of the United States of America against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I will bear arms on behalf of the United States when required by law; that I will perform noncombatant service in the Armed Forces of the United States when required by law; that I will perform work of national importance under civilian direction when required by the law; and that I take this obligation freely, without any mental reservation or purpose of evasion; so help me God.

In addition, naturalization applicants must renounce any hereditary titles or orders of nobility in a foreign state. The oath of allegiance may be modified for conscientious objectors to military service or for individuals preferring to affirm (instead of swear to) the substance of the oath.

Applicants for naturalization may choose to have the oath administered either by USCIS (Department of Homeland Security) or an immigration judge (Department of Justice). They must appear in person in a public ceremony which must be held as frequently as necessary to ensure timely naturalization. Anyone absent for more than one scheduled oath ceremony without good cause will be presumed to have abandoned his or her intent to be naturalized.

Dual Citizenship73

Dual citizenship refers to an individual's possession of citizenship for two countries at the same time. Each country has its own citizenship laws that define the nationality status of its own citizens. Because such laws generally do not coincide, persons may have dual nationality by automatic operation of different laws rather than by choice. For example, a child born in a foreign country to U.S. citizen parents may be both a U.S. citizen and a citizen of the country of birth. Likewise, a child born in the United States to foreign-born parents not only acquires U.S. citizenship at birth but may also acquire the citizenship of his or her parents. U.S. citizens who marry alien nationals may acquire the citizenship of their spouses' countries. Most countries disfavor dual citizenship because of questions raised over the national's loyalties and the singularity of commitment that characterizes citizenship and allegiance. Within the past two decades, and for a variety of reasons, a number of countries such as Mexico, Columbia, and Brazil have facilitated dual citizenship by passing laws permitting their expatriates the right to naturalize in other countries without losing citizenship from their countries of origin.

The United States has no authority to prohibit another country from continuing to treat an individual as its citizen. However, the United States considers that person, upon naturalization, to have renounced other citizenships and to be only a U.S. citizen. Because some individuals continue to exercise rights in other countries, some have expressed concerns that those countries may not know that these individuals have renounced such citizenship upon naturalizing in the United States. Such concerns about divided national loyalties have motivated legislative proposals to alert foreign countries about the naturalization of their former citizens.

Loss of Citizenship

U.S. citizens may lose their citizenship in two ways: voluntarily, through expatriation, or involuntarily, through denaturalization.

Expatriation

All U.S. citizens may lose citizenship through expatriating acts, including

voluntary naturalization in a foreign country after age 18; making a formal declaration of allegiance to a foreign country after age 18; serving in the armed forces of a foreign country engaged in hostilities against the United States; serving in the armed forces of a foreign country as an officer; holding an office under the government of a foreign country if foreign nationality is acquired or if a declaration of allegiance is required; renunciation of citizenship before a U.S. diplomatic or consular officer abroad; formal written renunciation of citizenship during a state of war if the Attorney General approves the renunciation as not contrary to the national defense; and conviction of treason, seditious conspiracy, or advocating violent overthrow of the government.

The Supreme Court has held that expatriating acts alone are not sufficient for expatriation unless undertaken with intent to relinquish U.S. citizenship. This restriction also has been enacted in statute. The requisite intent to relinquish need not be express but may be inferred from the circumstances.

Unlike citizenship revocation (see " Revocation " below), expatriation or loss of nationality does not have a retrospective effect. Hence, loss of citizenship through expatriation does not affect that of "derivative" citizens—spouses and children—who acquired their citizenship by virtue of their relationship with a "principal" citizen.

Revocation

A naturalized citizen may be "denaturalized" (i.e., have his or her citizenship revoked) on the basis that the citizenship was procured illegally, by concealment of material fact, or by willful misrepresentation. Various acts occurring after naturalization are considered evidence of misrepresentation or suppression at the time of naturalization. For example, if a naturalized citizen joins a subversive organization within five years of becoming a citizen, and membership in that group would have precluded eligibility for naturalization under the INA, then the joining of the organization is held to be prima facie evidence raising a rebuttable presumption that naturalization was obtained by concealing or misrepresenting how attached to the United States the citizen was when naturalized. Citizenship may also be revoked because of less than honorable discharge from the U.S. armed services.

Citizenship revocation must be initiated by a U.S. district attorney and must occur in the district where the naturalized citizen resides. If a naturalized citizen is convicted of knowingly procuring naturalization in violation of law, the court in which that conviction is obtained has jurisdiction to revoke that person's citizenship. In both cases, the court in which the revocation occurs must cancel the certificate of naturalization and notify the Attorney General of that action. The holder of the certificate of naturalization must return it to the Attorney General.

The effect of denaturalization is to divest a person of their status as a U.S. citizen and to return them to their former status of alienage. Once final, the denaturalization is effective as of the original date of the certificate of naturalization.

Derivative citizens also lose their citizenship under these circumstances. If citizenship is revoked based on "procurement by concealment of a material fact or by willful misrepresentation," derivative citizens also lose their citizenship regardless of where they are living . If citizenship is revoked because of membership in a subversive organization or less than honorable discharge from the Armed Forces, derivative citizens lose their citizenship o nly if they are living abroad .

Recent Naturalization Trends

Naturalization Petitions

The number of persons petitioning to naturalize has increased over the past two decades, from just over 200,000 in FY1991 to just under 900,000 in FY2012 ( Figure 1 and Appendix A ).

Naturalization petition volume peaked in FY1997 and FY2007. These increases have been attributed to legislation and demographic factors. Legislatively, the Immigration Reform and Control Act of 1986 (IRCA) legalized about 2.8 million LPRs between 1986 and 1989 who then became eligible to naturalize in the mid-1990s. Four years later, the Immigration Act of 1990 increased the limits on legal immigration to the United States, among other provisions, which also resulted in increased numbers of persons petitioning for naturalization by the mid-1990s. USCIS has also attributed the 2007 surge in naturalization petition volume to several factors including a "green card" replacement program, a broad-based increase in USCIS fees that took effect in July 2007, and grassroots campaigns to increase naturalizations prior to the 2008 elections.

Demographically, the number of legal permanent residents admitted to the United States or adjusting status averaged roughly 418,000 each year between 1966-1980; 654,000 between 1981-1995; and 957,000 between 1996-2010, substantially enlarging the pool of people eligible to naturalize. With such increases, processing lags occurred. USCIS expended efforts to reduce the backlog during the mid-2000s which eliminated the processing backlog for N-400 naturalization petitions by 2006.

Although the number of petitions denied has always been considerably less than the number of naturalizations, the trends for naturalizations and naturalization petition denials exhibited a similar pattern until 2003. Since then, the number of petitions denied has declined from roughly 103,000 in 2004 to 66,000 in 2012. During the same period, the number of naturalizations increased from 537,000 to 757,000 ( Appendix A ).

Naturalization Trends and Determinants

Despite increasing numbers of naturalization petitions filed in recent years, the number of naturalizations has not kept pace with the overall growth of the foreign-born population. The naturalized percentage of the foreign born peaked in 1950 (74.5 %), reflecting high naturalization rates among refugees after World War II. After 1950, it declined, reaching its lowest point of 40.3% in 2000 before increasing to 43.7% in 2010. In 2010, the percentage of foreign born who were naturalized was near its lowest level since the Census Bureau began asking census respondents about their citizenship in 1920 ( Figure 2 ).

In 2012, an estimated 40.8 million foreign-born persons resided in the United States, roughly 13.0% of the total U.S. population. Of these, 18.7 million self-reported their legal status as naturalized citizens. The remaining 22.1 million noncitizens included an estimated 8.8 million who were eligible to naturalize but had not done so. Foreign born who are eligible to naturalize may not do so for a variety of reasons. Other foreign born are not eligible to naturalize, either because they are LPRs with insufficient years of U.S. residency, or because they are nonimmigrants or unauthorized aliens, neither of whom are permitted to naturalize. Despite relatively low naturalized proportions among all foreign born ( Figure 2 ) the naturalized proportion of LPRs has increased in recent decades, from 38% in 1990 to 56% by 2011.

Many factors affect who naturalizes as well as how many naturalization petitions are filed each year. Country of origin significantly affects who naturalizes ( Table 1 ). Foreign born from Mexico and several other Latin American countries have among the lowest naturalized percentages. These low proportions have several explanations, including geographic proximity, which can increase the likelihood that individuals maintain strong ties to their countries of origin; large numbers of recent legal immigrants, which reduces the proportion of all foreign born with at least five years of U.S. residence; and sizable numbers of unauthorized aliens who are ineligible to naturalize.

In contrast, foreign born from countries such as Vietnam, Iran, and Taiwan all have rates exceeding 70%. Countries whose immigrants show relatively high naturalization proportions are often characterized by large geographic distance from the United States, less democratic or more oppressive political systems, and/or geopolitical factors and calamities that initiate flows of refugees and asylees.

In addition, immigrants from countries with low proportions of naturalized citizens spend more years as LPRs before they naturalize. For example, in 2012, African and Asian immigrants, whose naturalized proportions are relatively high, spent a median of five and six years as LPRs, respectively, prior to naturalizing. By contrast, immigrants from North America (including Canada, Mexico, and Central America) spent a median of 10 years as LPRs prior to naturalizing.

Apart from country-level characteristics, individual characteristics also influence the propensity to naturalize. Younger immigrants, who generally possess weaker attachments to their countries of origin and more years to benefit from citizenship, are more likely to naturalize than older immigrants. Immigrants from Asian, European, and English-speaking countries are more likely to naturalize than immigrants from elsewhere. Immigrants in professional, managerial, and other occupations correlated with higher education levels appear more likely to naturalize than less educated immigrants.

Issues for Congress

Backlogs, Resources, and USCIS Capacity

In recent years, N-400 naturalization petitions have accounted for almost 15% of all petitions received and processed by USCIS, making it the second most popular immigration petition handled by the agency (after I-765 Employment Authorization petitions).

Concerns regarding USCIS' total petition processing capability sometimes receive attention when events transpire to cause large numbers of foreign nationals to petition for immigration benefits. If Congress does pass major reforms to U.S. immigration laws, such changes could substantially alter the number of legal immigrants admitted each year as well as the legal status of sizeable numbers of foreign-born who reside in the United States. Changes to both of these populations, in turn, could increase considerably the number of USCIS N-400 naturalization petitions filed.

USCIS has made substantial efforts in recent years to modernize its business processes. Currently, the agency reports that N-400 naturalization petition processing times average 4.5 months, well within its goal of no more than six months. Recent evidence of the agency's ability to process sudden large influxes of immigration petitions occurred with the Deferred Action for Childhood Arrivals (DACA) initiative that was announced on June 15, 2012. Two months later, USCIS began accepting DACA petitions. As of August 31, 2013, one year later, USCIS had received and processed 588,725 petitions. At the same time, the number of pending USCIS petitions since August 2012 has steadily increased, which suggests that resources devoted to processing DACA petitions may have slowed processing for other USCIS petitions.

Naturalization Fees

USCIS currently charges naturalization applicants $680 which includes a $595 application fee and an $85 fee for recording biometric information. The amount of the naturalization fee raises several issues for Congress, including whether it discourages persons from naturalizing due to the expense, and whether it accurately reflects USCIS's cost to process naturalization applications. Empirical studies suggest that the volume of naturalization petitions filed may be inversely related to the naturalization fee amount.

Graphing the volume of N-400 naturalization petitions filed each fiscal year against the amount of the naturalization fee in that year ( Figure 3 ) suggests that fee increases in 1998, 2002, 2004, and 2007 were preceded by greater petition volume followed in the subsequent year by declining petition volume. Nevertheless, other factors described in " Naturalization Petition " above also explain application volume increases apart from fee increases.

Naturalization fee increases are usually subsumed within across-the-board USCIS fee increases for many types of petitions based upon audits of the costs of providing immigration services/benefits. Proponents of fee increases maintain that immigration benefits such as naturalization should be self-financing and that the beneficiaries should bear the full cost of processing a naturalization petition. Yet some question whether fee increases discourage eligible LPRs from naturalizing. Others contend that naturalization fees in the United States are substantially higher than comparable citizenship fees in other OECD countries.

Streamlining Military Naturalizations

Since the beginning of Operation Iraqi Freedom in March 2003, Congress has expressed interest in streamlining and expediting naturalizations for military personnel and in providing immigration benefits for their immediate relatives. The reported deaths in action of noncitizen soldiers drew attention to the immigration laws that grant posthumous citizenship and to the advantages of further expediting naturalization for noncitizens serving in the U.S. military. Legislation has focused on further streamlining procedures or extending immigration benefits to immediate relatives of U.S. service members. In the 113 th Congress, a legislative proposal would make eligible for naturalization any person who serves or has served under honorable conditions as a member of the U.S. Armed Forces in support of contingency operations in the same way as if the person had served during a period of presidentially-designated military hostilities, among other related provisions. A current legislative proposal would treat noncitizen U.S. service members who have received combat awards as having satisfied certain naturalization requirements, including good moral character, English/civics knowledge, and honorable service/discharge. In addition, the proposal would eliminate the INA provision that currently allows a U.S. citizen to renounce citizenship during a time of war if the Attorney General approves the renunciation as not contrary to the interest of national defense.

English Proficiency Requirement

Some in Congress have expressed interest in facilitating language and civics instruction as a means to promote naturalization. Several federal agencies currently support these objectives. Among these, the USCIS Office of Citizenship provides English and citizenship training directly and through public/private partnerships. It also funds citizenship preparation services through its Citizenship and Integration Grant Program. The U.S. Department of Education offers grants to states to improve English skills among adults who are not enrolled in school. Several bills have been introduced that would promote English literacy and civics education for immigrants preparing to naturalize. A current legislative proposal contains provisions waiving the English and history and civics naturalization requirements for older and disabled individuals.

Despite these and other federal adult education programs, as well as programs run by nonprofit organizations, demand for adult English language and civics education services remains high. Findings from the 2003 National Assessment of Adult Literacy and U.S. Census data on English language proficiency among the foreign born suggest that more immigrant adults could benefit from English literacy education. USCIS has called for more innovative approaches to increase immigrants' access to quality English learning opportunities as well as adult educators' access to pertinent civics education training. Some have advocated for a White House committee on immigrant integration or the establishment of a foundation affiliated with the USCIS that would accept private donations to support programs that help immigrants integrate. Others have also called for a public private partnership to facilitate a more stable stream of private funding for efforts to promote naturalization. A current legislative proposal would address several of these recommendations.

Those opposing such expenditures argue that English language proficiency as well as civics education is the responsibility of immigrant s and not U.S. taxpayer s . They contend that the acquisition of citizenship is a choice that is not imposed upon LPRs who enjoy many of the same benefits of living in the United States as citizens.

Naturalization Exam

Many LPRs eligible to naturalize, particularly persons age 65 and older, have not done so because of concerns over passing the English and civics naturalization examinations. In 2008, USCIS revised the naturalization civics exam to make it more conceptual as well as consistent across its 86 district offices, and in 2012, the pass rate stood at 92%. Nevertheless, USCIS application data show increasing numbers of persons submitting USCIS Form N-648 Medical Certification for Disability Exceptions petitions for exam waivers on the basis of medical conditions. A current legislative proposal contains provisions that would expand current exemptions from the English and civics exam requirement based on age, physical/mental disability, and years of U.S. residency.

Oath of Allegiance

Legislative proposals regarding the naturalization oath of allegiance have centered on incorporating into the oath greater emphasis on allegiance to the United States and greater civic responsibility; emphasizing more publicly visible and patriotically symbolic ceremonies; and permitting members of Congress to administer the oath of allegiance at naturalization ceremonies. Some have proposed that all naturalization ceremonies be conducted solely in English, and that as a requirement for naturalization, a uniform language testing standard require all citizens to read and understand the English language text of the Declaration of Independence, the U.S. Constitution, and the laws of the United States.

Birthright Citizenship

Concerns about illegal immigration have led some legislators to reexamine the long-established tenet of U.S. citizenship that a person who is born in the United States and subject to its jurisdiction is a citizen of the United States regardless of parental legal status. This concept of birthright citizenship is codified in the Citizenship Clause of the Fourteenth Amendment of the U.S. Constitution and Section 301(a) of the INA. While a thorough discussion of birthright citizenship is beyond the scope of this report, recent Congresses have seen legislation introduced that would revise or reinterpret the Citizenship Clause and related citizenship statute.

Proposed Naturalization Administrative Reforms

Those favoring a more accessible naturalization process have criticized the existing process on several grounds, notably its current cost (see " Naturalization Fees "). Some advocates, supporting their arguments with evidence about immigrants' price sensitivity to the cost of naturalization, have proposed reforms centering on making information about fee waivers more widely known and providing more payment options for naturalization fees. Many also characterize the naturalization application forms and instructions as excessively complex and unclear, with potential legal consequences for incorrect responses. They contend that prospective naturalization petitioners may be deterred from applying, and that simplifying the language in the N-400 application and instructions would make the naturalization process more accessible. Others raise concerns over the naturalization residency requirements (see " Continuous Residence " above) which disadvantages LPRs based overseas for employment. Such individuals must wait until they physically reside in the United States to fulfill the naturalization requirements, prolonging their time required to naturalize.

Appendix A.

Appendix B. Selected Links to Naturalization Information and Application Materials

NATURALIZATION INFORMATION

Guide to Naturalization

http://www.uscis.gov/files/article/M-476.pdf

10 Steps to Naturalization

http://www.uscis.gov/USCIS/files/M-1051.pdf

I am a Permanent Resident — How Do I Apply for U.S. Citizenship?

http://www.uscis.gov/USCIS/Resources/B3en.pdf

Naturalization Information for Military Personnel

http://www.uscis.gov/files/form/m-599.pdf

USCIS Policy Manual: Citizenship and Naturalization

http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12.html

NATURALIZATION APPLICATION MATERIALS

N-400 Application and Instructions for Naturalization

http://www.uscis.gov/files/form/n-400.pdf

Instructions for N-400 Application for Naturalization

http://www.uscis.gov/files/form/n-400instr.pdf

Document Checklist

http://www.uscis.gov/files/article/attachments.pdf

Citizenship Resource Center

http://www.uscis.gov/portal/site/uscis/citizenship