Naturalization & Citizenship

The applicant must be 18 years of age or older at the time the application for naturalization if filed, except for children who automatically become citizens when their parents get naturalized.

The applicant must have been an LPR for 3 years if married to a U.S. citizen who has been a citizen for 3 years (VAWA applicants are excluded from the marriage requirement), or 5 years if the application is not on the basis of marriage prior to the application for naturalization.

An applicant becomes an LPR when his/her I-485 application is approved or when he/she is admitted to the U.S. with an immigrant visa.

Time spent as a conditional permanent resident counts toward the LPR status, however the conditions must be removed before the LPR can get naturalized. The application for naturalization can be filed when the application to remove conditions is still pending. The USCIS may adjudicate both applications concurrently at the same interview.

The applicant must have resided continuously in the U.S. for 3 years (if application is based on marriage, except VAWA applicants) or 5 years (if application is not based on marriage) as a lawful permanent resident (LPR). The applicant must maintain continuous residence through the time of admission to citizenship. The continuous residence accrues from the time when the I-485 has been approved or when the applicant was admitted to the U.S. with an immigrant visa.

A break in continuous residence will restart the clock starting from the date the applicant re-entered U.S., except that the new continuous residency requirement will be 2 years and a day (for the 3 year requirement) or 4 years and a day (for the 5 year requirement).

An absence of more than 6 months but less than one year is permissible if the immigrant proves that he/she did not abandon the U.S. residence during such period, however an absence for one year or more breaks the continuity of residence at a matter of law.

The applicant may use the following documents to prove that the residence in the U.S. was not abandoned: continued employment in the U.S. and no employment abroad, immediate family in the U.S., continued rent, utilities, mortgage, car loan and registration, insurance payments in the U.S., etc.

The applicant must have been physically present in the U.S. for at least half of the time of the required continuous residency immediately prior to filing the petition for naturalization, with some exceptions. The applicant must maintain physical presence through the time of admission to citizenship.

The applicant must have resided in the state or USCIS district in which the petition for naturalization is filed for at least 3 months prior to the application.

The duration of residence for the jurisdictional residence requirement is measured from the moment the applicant first establishes residence at the applicant’s principal dwelling. The applicant does not need to be physically living at that location for 3 months prior to the application for naturalization. In fact, the applicant does not even need to be in the U.S. to apply for naturalization. For such applicants, the place of residency will continue to be the state or district where the applicant resided before going abroad through the time of the application. If the applicant changes the place of residence upon return to the U.S., the application will have to live at the new location for 3 months before he/she can apply in that state or district.

The applicant must demonstrate good moral character during the period of required continuous residency through the naturalization ceremony, although the evidence of lack of good moral character prior to that period may be considered if relevant to show a reformation or no reformation of character.

The good moral character requirement is usually at issue when the applicant has criminal or unlawful conduct. Criminal convictions are not required. Pleading guilty or nolo contendere to a crime, or admitting facts to warrant a finding of guilt, coupled with some criminal punishment may be sufficient. Lack of good moral character will be found for crimes involving moral turpitude, control substance violations (except for simple possession of less than 30 gram of marijuana), jail or prison time for more than 180 days, false testimony under oath to obtain an immigration benefit, involvement in prostitution, human trafficking, conviction for two or more gambling offences, illegal gambling, or habitual past or present alcohol abuse.

The USCIS will look at the totality of circumstances to judge moral character, such as family ties and background, criminal history, education, employment history, financial responsibility (paying taxes, child support, etc.), community involvement, length of time in the U.S., respect and compliance with general public laws, credibility of the applicant.

Also, failure to register for Selective Service if the applicant was required to register (male LPRs living in the U.S. between the ages of 18-25) may render the applicant ineligible for naturalization depending on the applicant’s age. Applicants under the age of 26 will be ineligible. Applicants between the ages of 26-31 will be ineligible if the failure to register was knowing and willful. Applicants over the age of 31 will still be eligible.

The applicant must be able to speak and understand simple English, as well as read and write it (unless there is physical or developmental disability or mental impairment).

Some LPRs are exempt from the language requirements:

(1) age 50 + – if the applicant has been an LPR for at least 20 years;

(2) age 55+ – if the applicant has been an LPR for at least 15 years.

The immigrant must have a knowledge and understanding of the fundamentals of the history and principles and forms of the U.S. government (persons with qualifying disability are exempt from this requirement).

Some LPRs are allowed to take the civics class in their native language using an interpreter:

(1) age 50 + – if the applicant has been an LPR for at least 20 years;

(2) age 55+ – if the applicant has been an LPR for at least 15 years;

(3) age 65+ – if the applicant has been an LPR for at least 20 years – specially designed civics test.

The applicant must be attached to the principles of the U.S. Constitution and well-disposed to the good order and happiness of the U.S.