Basic eligibility for naturalization
Most people naturalize after holding a green card for a set period. In general, the requirements are (INA section 316):
- Lawful permanent residence for at least five years, or three years if you have been married to and living with the same U.S. citizen for that time.
- Continuous residence and physical presence in the United States for the required portion of that period.
- Good moral character.
- An ability to read, write, and speak basic English, and knowledge of U.S. history and government (civics), unless an exception applies.
- Attachment to the principles of the U.S. Constitution, and willingness to take the Oath of Allegiance.
The N-400 process, step by step
Naturalization runs through the Application for Naturalization (Form N-400). After filing, most applicants attend a biometrics appointment, then an interview where an officer reviews the application, tests English and civics, and asks about eligibility. If approved, the last step is the Oath of Allegiance at a ceremony, where you become a citizen. Preparing thoroughly for the interview, and confirming eligibility before filing, is the firm's focus.
Good moral character
Applicants must show good moral character, usually during the years before applying. Certain conduct, including some criminal history and past immigration violations, can raise questions or create bars. Because an application can expose problems that put even a green card at risk, it is wise to review your full history with an attorney before filing rather than after.
Even an old or minor case deserves a careful look before you apply, because some offenses affect eligibility or trigger other consequences. See crimmigration.
The English and civics tests
At the interview, most applicants take a short English test and a civics test on U.S. history and government. There are established exceptions. Older applicants who have been residents for many years may qualify for reduced requirements or to test in their own language, and applicants with a qualifying medical disability may be exempt. The firm helps determine whether an exception applies and helps you prepare for what to expect.
The security citizenship brings, and protecting your case
Citizenship offers protections that permanent residence does not. Citizens cannot be deported, can vote, can travel on a U.S. passport, can petition for a wider range of relatives and with shorter waits, and can pass citizenship to their children. For many families, these are the reasons the years of waiting were worth it.
At the same time, the naturalization interview is a full review of your immigration history, so it is worth protecting your case before you file. Long trips outside the United States can interrupt the continuous residence that naturalization requires, and in some cases can raise questions about whether permanent residence itself was abandoned. Absences of six months or more deserve particular care. If you travel often or have spent extended time abroad, review your travel history with an attorney before applying, so that a trip does not derail an otherwise strong application.
If your application is delayed or denied
Sometimes an application stalls well past normal processing times, or an officer issues a denial. A naturalization denial can often be challenged by requesting a hearing before a different officer (Form N-336), and where that does not resolve the matter, review in federal court is available in some circumstances. Long delays can sometimes be addressed as well. A denial is not always the end of the road, but the deadlines are short, so if your case is stuck or has been refused, have an attorney review the record and explain your options promptly.
Citizenship for children
Some children become citizens automatically through a parent, either at birth abroad or after the parent naturalizes, when certain conditions are met (INA sections 320 and following, under the Child Citizenship Act). In those cases the goal is often to document citizenship that a child already holds, through a Certificate of Citizenship or a passport, rather than to apply for it. The firm can review a family's history to determine whether a child is already a citizen.
Questions about citizenship and naturalization
Most permanent residents can apply after five years, or after three years if married to and living with the same U.S. citizen. There are also physical-presence and continuous-residence requirements. An attorney can confirm your earliest eligibility date and check for anything that might delay it.
Common reasons include problems with good moral character, breaks in continuous residence such as long trips abroad, unpaid taxes or child support, and issues from the original green card. Reviewing these before filing is the best way to avoid a denial and to protect your existing status.
The United States generally permits dual citizenship, so many people keep their original nationality after naturalizing. Whether your home country allows it is a separate question governed by that country's law. It is worth confirming both sides before you take the oath.
Applicants who do not pass a portion of the test at the first interview are usually given a second opportunity within a set time. Good preparation makes that rarely necessary, and the firm helps you get ready so you can walk in confident.
Legal authorities referenced on this page
- INA section 316 (general requirements for naturalization)
- INA section 319 (naturalization based on marriage to a U.S. citizen)
- INA section 320 (children; Child Citizenship Act)
- USCIS Form N-400, Application for Naturalization
- USCIS Policy Manual, Volume 12 (Citizenship and Naturalization)
This page explains the law in general terms and is not legal advice. Immigration law changes and applies differently to each person's facts. Speak with an attorney about your own situation.