Naturalization is for persons (usually green card holders) who are obtaining their U.S. citizenship as the final step of their U.S. immigration process. There are 3 ways to obtain U.S. citizenship: (1) by being physically born in the United States, (3) born by a U.S. citizen abroad (outside the United States), and (3) naturalization (green card holders satisfying certain requirements).
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Table of Contents
There are four main subcategories for naturalization (U.S. citizenship):
- At least 5 years of being a green card holder (LPR, lawful permanent resident)
- At least 3 years of being a green card holder (LPR, lawful permanent resident) and remained married to their U.S. citizen spouse
- Served honorably for the U.S. military
- Certain employment related to the U.S. government
The original statutory wording for green card holders who are qualified for naturalization can be found in 8 CFR 316.2(a).
A qualified person to naturalize into a U.S. citizen must (1) have been lawfully admitted to become a green card holder, (2) the person must be at least 18 years old, (3) have remained a person of good moral character, attached to the principles of the U.S. constitution, is well-disposed to the good order and happiness of the United States, (4) satisfies 3 separate residency periods (continuous residence, physical presence, residence in state or district of USCIS office) in the United States, and (5) passes the required citizenship tests (i.e., English and U.S. civics tests) at the interview.
Immediately prior to filing the naturalization application:
- (1)
- [Continuous Residence] the person has resided continuously as a green card holder in the United States for at least 5 years (or 3 years for spouses of U.S. citizens)
- (2)
- [Physical Residence] the person has been physically present in the United States for at least half of the 5 years (or 3 years for spouses of U.S. citizens)
- (3)
- [Time in State or District of USCIS Office] the person has resided within the State or district of the USCIS office for at least 3 months
There are exceptions or modifications to the residency and physical presence requirements that are only available to certain persons who are involved in the U.S. military, other services related to the U.S. government, domestic abuse victims (VAWA), or religious missionaries. For example, the residency and physical presence requirements may be waived completely for the spouse of U.S. military personnel or for employees of certain U.S. nonprofit media organizations recognized by the U.S. Department of Homeland Security. Or in other examples, religious missionaries or persons who are employees of the U.S. government, a U.S. firm that is involved in the development of foreign trade and commerce, an American research institute, or a public international organization that the United States is a part of (e.g., the United Nations) only needs to have resided in the United States for an uninterrupted 1-year period after becoming a green card holder.
The original statutory wording for the evidentiary requirements of U.S. citizenship naturalization can be found in 8 CFR 316.4(a).
Continuous Residence (5 Years or 3 Years)
The person must have resided continuously as a green card holder in the United States for at least 5 years immediately prior to naturalizing into a U.S. citizen (or at least 3 years for spouses of U.S. citizens who are still married and have lived together for the entire 3 years).
Most green card holders can file to become a U.S. citizen after 5 years of holding their green card status, and green card holders who are spouses of U.S. citizens can choose to naturalize after 3 years (instead of 5 years) if the couple is still married and has been living together during those 3 years. The U.S. citizen in the couple must also have maintained their U.S. citizenship throughout the 3-year period. The exception to the requirement that the couple must have lived together for the entire 3-year period is involuntary separations such as when one spouse is employed overseas or serving the U.S. military. If the couple got divorced, the divorced green card holder would have to wait for the regular 5-year mark to naturalize into a U.S. citizen.
Interruptions in the 5-Year or 3-Year Continuous Residence Period
Generally, the green card holder should not leave the United States for more than 6 months at a time within the 5-year period (or 3-year period for spouses of U.S. citizens) immediately prior to filing to become a U.S. citizen. When the green card holder leaves the United States for a period of 6 months to 1 year, there is a presumption of the person abandoning their U.S. green card status and the person would have to prove that they did not have that intention. For example, a green card holder may be able to provide documents to show that they became so ill overseas that they could not return to the United States.
When the green card holder leaves the United States for over 1 year (even if with a reentry permit), the continuous residence cannot be satisfied unless the person falls under certain exceptions and filed for an application to reserve residence for naturalization (Form N-470) before they spent the 1-year overseas.
When the continuous residence is broken, the start date for the 5-year or 3-year continuous residency requirement will restart calculating on the day after they returned to the United States. Studying overseas usually is not considered breaking the continuity of residence.
Physical Presence
The person must have been physically present in the United States for at least half of the 5 years immediately prior to naturalizing into a U.S. citizen (or 3 years for spouses of U.S. citizens).
Most green card holders must show that they were physically in the United States for at least 30 months (or 18 months for spouses of U.S. citizens) within the 5-year period (or 3-year period for spouses of U.S. citizens) immediately prior to naturalizing into a U.S. citizen.
Time Residing in the State or District of USCIS Office
The person must have resided within the state or district of the USCIS office for at least 3 months of the 5 years immediately prior to naturalizing into a U.S. citizen (or 3 years for spouses of U.S. citizens).
The green card holder must reside in the state or the district of the USCIS office of where their naturalization application is filed for at least 3 months within the 5-year period (or 3-year period for spouses of U.S. citizens) immediately prior to filing to become a U.S. citizen. When the naturalization application is filed early, the green card holder must then reside in the in the state or the district of the USCIS office of where their naturalization application is filed for at least 3 months within the 5-year period (or 3-year period for spouses of U.S. citizens) immediately prior to their interview appointment. When the green card holder has residences in more than one state, then their residency will be the state that they use for their federal income tax returns.
Good Moral Character
A person naturalizing into a U.S. citizen must have good moral character. Failure of the Good Moral Character requirement can include but are not limited to:
- Failure to file or pay IRS taxes
- Most criminal activity especially those involving imprisonment for 6 months or more
- Conviction of 1 or more crimes that involve moral turpitude
- Conviction of 2 or more offenses where the total sentence imposed was 5 years or more
- Conviction under any controlled substance law except a single offense of simple marijuana possession of 30 grams or less
- Conviction and confined to a penal institution for a total of 180 days or more during the statutory period
- Convicted of 2 or more gambling offenses, principal source of income is illegal gambling
- Practice polygamy, committed adultery in a notorious and open manner which led to destruction of marriage
- Unlawfully voted or made false claims to U.S. citizenship
- Engaged in fraud of any sort, false testimony under oath for benefits under the U.S. immigration law (INA)
- Habitual drunk
- Willfully failed or refused to support dependents
- Did not register with the selective service when required to
- Obstruction of justice
- Sexual assault, prostitution, alien smuggling, harassment
- Other discretionary determinations of a lack of good moral character by USCIS officer
Permanent bars to naturalization include murder conviction and aggravated felony (e.g., pointing gun at another person under South Carolina code). Discretionary determinations of lacking good moral character made by the USCIS officer can include 2 or more DUI convictions, adultery, not paying child support, being married to 2 people at the same time (bigamy).
U.S. Citizenship Tests
Most green card holders must pass an English literacy test and a U.S. civics (history and government) test during their interview unless they fall under a certain type of exception.
English Literacy Test
The green card holder should have an elementary level of reading, writing, and speaking skills in English. The green card holder should be able to read and write 1 out of 3 sentences (around 7 words) given to them by the USCIS officer.
U.S. History and Government Test
The green card holder must correctly answer 6 out of 10 questions about the United States’ history and government. The questions are given orally by the USCIS officer and the 10 questions selected are pulled from a list of 100 (or 128) questions from the USCIS database.
Exceptions of the U.S. Citizenship Test
There are exceptions to the standard U.S. citizenship test for certain types of green card holders. For green card holders who are over 65 years old and has lived in the United States for over 20 years as a green card holder, they do not need to take the English literacy test and only needs to correctly answer 6 out of 10 questions about the U.S. history and government pulled out of a list of 20 questions from the USCIS database (instead of the regular 100 or 128 questions database) which can be in their own language. For green card holders who are over 55 years old and have lived in the United States for 15 years as a green card holder (or who are over 50 years old and have lived in the United States for 20 years as a green card holder), they also are not required to be tested on their ability to read or write in English, and can go through the interview and the U.S. history and government test in their native language.
Green card holders who are permanently disabled (i.e., mentally impaired, have physical disability, or have developmental disability) do not need to satisfy the U.S. citizenship test. The green card holder must provide an attestation from a licensed medical doctor, clinical psychologist, or osteopath stating that their disability has lasted or is expected to last for at least 1 year and the disability is not because of illegal drug use.
Second Opportunity for Failed Test
If the green card holder fails their citizenship test, they will be given a second chance to pass those tests within 90 days of the date of their first test. An extension of the date for the second test can be requested with good cause.
A green card holder who are employed by the U.S. government, an U.S. firm that is involved in the development of foreign trade and commerce, an American research institute, or a public international organization that the United States is a part of (e.g., the United Nations) only needs to have 1 year of continuous uninterrupted (there cannot be any gaps) physical presence in the United States after becoming a green card holder. These green card holders would need to file an application to preserve their U.S. residency (Form N-470) before naturalization.
The person who is naturalizing through their service to the U.S. military would need to file for a Request for Certification of Military or Naval Service (Form N-426). Military service can include the U.S. army, navy, air force, marines, coast guard, or a national guard unit (when it was federally seen as a reserve part of the U.S. armed forces).
U.S. Military Service (Peace Time)
Green card holders can obtain U.S. citizenship if they served honorably to the U.S. military for at least 1 year during peacetime. For green card holders who are already discharged (honorably) from the U.S. military, the naturalization application will need to be filed within 6 months of the dischargement for the person to take advantage of the 1-year requirement (instead of the regular 5-year requirement).
U.S. Armed Forces (War Time)
A person can obtain U.S. citizenship if they enlist in the U.S. armed forces during wartime, the naturalization application can be applied for after the first day of service. However, the person typically would need to complete their basic military training and complete their term of military service honorably to obtain their U.S. citizenship (which means that a person cannot actually just serve a few days and become a U.S. citizen).
There are various periods of wartime with the most recent period starting from September 11, 2001 to whenever the U.S. president announces the end date. The persons who are enlisted in the U.S. armed forces during wartime do not need to be 18 years, do not need to be a green card holder, and do not need to satisfy the regular U.S. residency time requirements.
Wartimes for U.S. Citizenship:
- World War I (April 6, 1917 to Nov 11, 1918)
- World War II (Sept 1, 1939 to Dec 31, 1946)
- Korean Hostilities (June 25, 1950 to July 1, 1955)
- Vietnam Hostilities (Feb 28, 1961 to Oct 15, 1978)
- Persian Gulf War (Aug 2, 1990 to April 11, 1991)
- War on Terrorism, Operation Enduring Freedom, Iraq Hostilities (Sept 11, 2001 to when the U.S. President ends it)
Posthumous U.S. Citizenship for Soldiers and Their Family
Family members (i.e., spouse, children, parents) of U.S. citizens who died during active duty with the U.S. armed forces can obtain a green card or obtain U.S. citizenship (immediately) if they are already green card holders. Family members of noncitizens who died due to diseases or injuries caused by active duty with the U.S. armed forces during wartime can obtain a green card and later U.S. citizenship by filing to obtain posthumous U.S. citizenship for the deceased noncitizen solider. The closest relative of the deceased noncitizen solider should file the posthumous U.S. citizenship application (Form N-644) within 2 years of the date of death. After the deceased noncitizen solider obtains the posthumous U.S. citizenship, the immediate family members (spouse, parents, unmarried children under 21 years old) can obtain their green cards and later obtain their U.S. citizenships.
Naturalizing into a U.S. citizen consists of five main requirements that need to be satisfied: evidence must be provided to the USCIS to show that (1) the person has been lawfully admitted to become a green card holder, (2) the person must be at least 18 years old, (3) the green card holder has remained a person of good moral character, is attached to the principles of the U.S. constitution, is well-disposed to the good order and happiness of the United States, (4) satisfies 3 separate residency periods (continuous residence, physical presence, residence in state or district of USCIS office) in the United States, and (5) passes the required citizenship tests (i.e., English and U.S. civics tests) at the interview.
Immediately prior to filing the U.S. citizenship naturalization application:
- (1)
- [Continuous Residence] the person has resided continuously as a green card holder in the United States for at least 5 years (or 3 years for spouses of U.S. citizens)
- (2)
- [Physical Residence] the person has been physically present in the United States for at least half of the 5 years (or 3 years for spouses of U.S. citizens)
- (3)
- [Time in State or District of USCIS Office] the person has resided within the State or district of the USCIS office for at least 3 months
Documents Required for the U.S. Citizenship Naturalization Application
The evidence provided to the USCIS for the naturalization application must show:
- (A)
- The person is a lawfully admitted green card holder who is at least 18 years old and have maintained a person of good moral character
- U.S. permanent resident card (Form I-551 green card)
- Passport (and state identification card & reentry permits if applicable)
- Two passport-sized profile photos
- Marriage license (if naturalization is based on marriage to a U.S. citizen)
- Any additional documents requested by USCIS
- (B)
- The person has satisfied their residency time requirements (continuous residence, physical presence, residence in state or district of USCIS office) in the United States
- Arrival/Departure Record (Form I-94)
- School attendance records
- School transcripts
- Utility bills
- Medical records
- Vaccination records
- Deeds
- Mortgages
- Rental leases
- Car registrations
- Employment records
- Professional licenses
- Social Security reports
- Census records
- Income tax Records (W2 salary forms)
- Paystubs
- Property tax records
- Contracts
- Insurance policies
- Payment receipts
- Military records
- Attestations from unions, churches, or other organizations
- Attestations from third-party persons with personal knowledge
The total time that a U.S. citizenship application takes is consisted of the processing time for the (1) naturalization application (Form N-400) with the USCIS and the (2) in-person interview with the citizenship tests and completion of the oath of allegiance. A rough estimate of the naturalization application (Form N-400) can be from 6.5 to 22 months (with an average of around 10 to 14 months). A rough estimate of the scheduling of the interview and oath of allegiance would be from 3 to 6 months. Current estimates of the processing time can be checked here.
Factors that influence the U.S. citizenship naturalization application processing time usually include but are not limited to if there was any Request for Evidence (“RFE”) issued and the caseload of the USCIS service center.
General Process of U.S. Citizenship Naturalization Application
There are four main steps for a person to naturalize into a U.S. citizen:
Step 1: Filing the naturalization application (Form N-400) to the USCIS
After the green card holder has satisfied all the requirements to become a U.S. citizen (such as continuously living in the United States for 5 years), the naturalization application (Form N-400) should be filed to the USCIS with the required documentation and fees.
Step 2: Fingerprint Appointment (Biometrics)
After filing the naturalization application, the green card holder will be notified of their fingerprinting appointment at the USCIS Application Support Center. The green card holder should bring the USCIS notice letter, their Permanent Resident Card (green card), and a second form of identification that has a photograph on it (such as a passport, driver’s license, state identification card) to the fingerprinting appointment. During this stage, the FBI will conduct a criminal background check based on the fingerprints collected and USCIS may request additional documents.
Please note, if the person is 75 years old or older, no fingerprinting is needed. Also, fingerprinting will be done at the U.S. consular office if the person is overseas.
Step 3: In-Person Interview and Citizenship Test
An in-person interview that includes the citizenship test will be scheduled usually after several months depending on the caseload at local USCIS offices. The citizenship test will consist of testing English skills (English literacy test) and basic understanding of U.S. history and government (U.S. civics test).
During the interview, the USCIS officer will ask about the green card holder’s background, supporting evidence, place and length of residence, character, attachment to the U.S. constitution, willingness to take the Oath of Allegiance to the U.S., and any other questions related to the naturalization application. The decision of the naturalization is usually made at the end of the interview. In certain cases, it is possible for the Oath of Allegiance to take place on the same day the naturalization is approved. If not, the person will receive a notice of the date and location for the oath ceremony.
＊If the person cannot attend the U.S. citizenship interview at the scheduled time and does not reschedule beforehand, the case will be administratively closed. If the person does not reopen the case within 1 year of the date it was administratively closed, it will be denied.
English Literacy Test
The English literacy test consists of reading one given English sentence, writing one given English sentence, and speaking in English while answering questions of the USCIS officer.
U.S. Civics Test
The U.S. civics test currently has two versions: the (1) 2008 version and (2) 2020 version. It is a multiple-choice test of 10 questions selected from a list of potential questions from the USCIS database. The 2020 version U.S. civics test pulls the 10 selected questions from a list of 128 potential questions and the 2008 version pulls the 10 selected questions from a list of 100 potential questions. To pass the U.S. civics test, the green card holder would need to answer 6 out of the 10 selected questions given correctly.
The version that the green card holder will take will depend on the filing date of their naturalization application and when their interview is scheduled. The instructions to determine which version the person can take can be found here.
Modifications and Exceptions of U.S. Citizenship Test
There are modifications and exceptions to the U.S. citizenship test for certain types of people who are over a specific age or have disabilities. The exemptions related to the U.S. Citizenship Tests:
- (1)
- If the person is over 50 years old and has been a green card holder (LPR, lawful permanent resident) for at least 20 years, then the English test is not required and the person can choose the language for the U.S. civics test.
- (2)
- If the person is over 55 years old and has been a green card holder (LPR, lawful permanent resident) for at least 15 years, then the English test is not required and the person can choose the language for the U.S. civics test.
- (3)
- If the person is over 65 years old and has been a green card holder (LPR, lawful permanent resident) for at least 20 years, then the English test is not required and the person can choose the language for the U.S. civics test. The U.S. civic test questions given will only be from a list of 20 questions marked with an asterisk.
- (4)
- If the person has a physical or mental disability and filed a Medical Certification for Disability Exceptions (Form N-648), the person would not need to take the U.S. citizenship tests.
Please note, if exemptions are used for the English test, the person must be accompanied by an interpreter.
Step 4: Oath of Allegiance
The green card holder will take the U.S. Oath of Allegiance as the final step of their naturalization application. The green card holder will publicly swear allegiance to the United States in a ceremony administered by the USCIS or a court. The person will turn in their permanent resident card (green card) before the oath ceremony and will be given a Certificate of Naturalization after being sworn in. The U.S. Oath of Allegiance is waived for applicants who are underage, or have a mental or physical disability. It is strongly recommended to apply for a U.S. passport immediately after taking the oath to avoid complications if international traveling is expected.
The most important difference between being a green card holder (LPR, lawful permanent resident) and being a U.S. citizen is that the U.S. citizen is not deportable unlike a green card holder who is still under an immigrant visa affected by changing U.S. immigration laws.
The difference between being a green card holder (LPR, lawful permanent resident) and a U.S. citizen include but are not limited to:
- (1)
- A green card holder (LPR, lawful permanent resident) can still be deported if there was a violation of the U.S. law or their immigrant visa status. With U.S. citizenship, the person cannot be deported and will be tried on U.S. soil.
- (2)
- U.S. citizens have higher priority when sponsoring family members for permanent residency (green card) which usually means the family members of U.S. citizens will obtain their green cards much faster than the family members of green card holders.
- (3)
- The children of a U.S. citizen can become a U.S. citizen automatically or by naturalization.
- (4)
- The green card must be renewed every ten years with a fee of $540 or there is a risk of deportation. There is a one-time fee for naturalization of $725 which does not require renewal and there is no risk of deportation after becoming a U.S. citizen.
- (5)
- Green card holders (LPR, lawful permanent resident) cannot vote in U.S. elections, run for office, or work in the federal government because those benefits are only reserved for U.S. citizens.
- (6)
- U.S. citizens can receive financial aid for higher education.
U.S. Citizenship Benefits and Obligations
Benefits
Obligations
- Vote
- Run for office
- Hold a federal job
- Protection from deportation
- Can stay outside the United States for any amount of time (unlike a permanent resident where an absence of over 6 months is generally not allowed)
- Can sponsor family members for green card (permanent resident) petitions
- Receive financial aid for higher education
- Travel internationally with U.S. passport
- Jury summons
- Paying taxes
- Compliance and support of the U.S. constitution and U.S. law
- Pledge allegiance to the United States
- Serve the United States when required
Benefits
- Vote
- Run for office
- Hold a federal job
- Protection from deportation
- Can stay outside the United States for any amount of time (unlike a permanent resident where an absence of over 6 months is generally not allowed)
- Can sponsor family members for green card (permanent resident) petitions
- Receive financial aid for higher education
- Travel internationally with U.S. passport
Obligations
- Jury summons
- Paying taxes
- Compliance and support of the U.S. constitution and U.S. law
- Pledge allegiance to the United States
- Serve the United States when required
The green card holder (LPR, lawful permanent resident) naturalizing into a U.S. citizen is the final step in the U.S. immigration journey. To remain in the United States, the green card holder can choose to file for U.S. citizenship after 5 years (or 3 years for spouses of U.S. citizens who are still married) or renew their green card every 10 years. The main benefits of naturalizing into a U.S. citizen would be the safety of not being deportable if there are any violations of certain U.S. laws and being able to stay overseas for as long as they wish to (unlike green card holders who run the risk of losing their green card visa status if they stay overseas for over 6 months at a time). Filing for U.S. citizenship is generally the option chosen by green card holders who satisfies the requirements for naturalization.
If you have a U.S. citizenship naturalization related immigration question, please fill out our contact us form or send us an email with some basic information about your background and your immigration needs. We will do our best to respond within 48 hours.
How we can help?
Kylie Huang Law’s immigration attorney will help identify if the client is qualified to naturalize into a U.S. citizen. We will work closely with our clients to prepare their naturalization application and we will also strategize on how their naturalization application should be presented in the filings and in the interview to achieve the best chances of approval. It is advised and common practice to retain an immigration attorney for certain unusual naturalization applications due to the complexities in the immigration process and visa requirements.
What does the typical process look like to retain (hire) us?
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- Fill out the form (with some basic information on what your immigration needs are)
- Sign up and log into the client portal to schedule an appointment online
- Attend scheduled appointment (typically a phone call or zoom meeting)
- Retainment (signing a contract to hire us)
- Start processing case
- Gathering required documents
- Preparing paperwork
- Confirming contents of documents that will be submitted
- Filing the case
- Following up on the status of the case
- Close the case when a final determination is issued
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- Fill out the form (on what your immigration needs are)
- Sign up and log into the client portal to schedule an appointment
- Attend scheduled appointment (typically a phone call or zoom)
- Retainment (signing a contract to hire us)
- Start processing case
- Gathering required documents
- Preparing paperwork
- Confirming contents of documents that will be submitted
- Filing the case
- Following up on the status of the case
- Close the case when a final determination is issued
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- Fill out the form (on what your immigration needs are)
- Sign up and log into the client portal to schedule appointment
- Attend scheduled appointment (typically a phone call or zoom)
- Retainment (hire us)
- Start processing case
- Gathering required documents
- Preparing paperwork
- Confirming content of documents that will be submitted
- Filing the case
- Following up on the case status
- Close the case when a final determination is issued