We find that sometimes clients meet the naturalization requirements but aren’t aware they’re eligible to apply because the immigration process is complex and confusing. Combine that with the worry of denial, and both reasons can prevent people from even exploring their eligibility. Beyond fulfilling a lifelong dream, officially becoming a U.S. citizen offers significant benefits, such as protection from deportation. To help you better understand your potential eligibility, we’re sharing some general information and resources about the naturalization requirements.
Are you at least 18 years old at the time of application?
In most cases, naturalization applicants must be at least 18 years old.
Occasionally, some individuals may already be U.S. citizens without realizing it. If you have at least one U.S. citizen parent, you may have derived U.S. citizenship automatically if the parent became a U.S. citizen before you turned 18 and lived with the parent and had lawful permanent residence. Additionally, if at least one parent was a U.S. citizen at the time of birth, you may be a U.S. citizen at birth.
Are you able to read, write, and speak basic English?
Applicants for naturalization are generally required to read, write, and speak English at a third-grade level. During the naturalization exam, U.S. Citizenship and Immigration Services (USCIS) will test your ability to understand and respond to questions in English, read English, and write a sentence in English without any spelling errors. To help you prepare, USCIS offers flashcards for purchase with words commonly used on the English writing and reading tests to help you practice. Additionally, some non-profits or community colleges may provide citizenship or English classes to improve language skills before the exam.
Exceptions may apply if you’re 65 or older and have lived in the United States for over 20 years. If that is the case, you may qualify to skip the English exam and have your naturalization interview conducted in your native language.
Additionally, if you have certain disabilities, you may qualify for a waiver of the English and/or the history and civics exam requirement. To request the waiver, you must provide a signed form, N-648, Medical Certification for Disability Exceptions, which identifies the conditions impairing you and explains how they prevent you from learning. Historically, these waivers have been difficult to get approved by USCIS, so it is recommended that you seek legal representation when applying for naturalization with a medical waiver.
Do you know U.S. history and civics?
All naturalization applicants, except those with certain disabilities, must pass a history and civics exam to become a U.S. citizen. During the naturalization interview, a USCIS officer will ask up to ten questions about U.S. history and civics, and you must provide six correct answers to pass. The questions are drawn from a standardized pool of 100, giving you an idea of what to study. USCIS also published physical and electronic materials to help you prepare. It’s important to note that some answers may change with federal elections, such as the name of the President or Senators.
Have you lived within the USCIS jurisdiction for 90 days?
The USCIS jurisdiction refers to the service district with authority over a person’s application. All applicants must reside within their USCIS jurisdiction for at least three months before applying for naturalization. Moving within the same state can sometimes mean changing jurisdictions. For instance, North Carolina has two USCIS jurisdictions. So, if you recently moved from Charlotte to Durham 60 days ago, you would need to wait another 30 days before applying.
Identify the USCIS jurisdiction of where you live by locating the USCIS field office using the zip code of your physical residence.
Do you physically live and have continuously lived in the U.S.?
To apply for naturalization, applicants must show they have been physically present and residing in the U.S. for at least two and a half of the last five years. If you’ve traveled abroad during the last five years from your application date, you must provide the dates and places of travel to confirm that you have spent the amount of time to meet the residency requirement.
You must also maintain continuous residence in the U.S., meaning the primary residence must remain in the U.S. USCIS can find that continuous residence was broken under various circumstances, not limited to the length of your trip abroad. For example, if you spent more than one year within the last five years abroad, USCIS will find that you broke their continuous residence and are not eligible to apply for naturalization. However, eligibility may be restored if it has been more than five years since returning from your year-long trip abroad and there has been no official finding by USCIS regarding residence abandonment.
Also, you must demonstrate that you haven’t abandoned your lawful permanent residence. Even trips abroad that were less than one year may require you to demonstrate to USCIS that you continued to reside in the U.S. You may want to file Form N-470, an application to preserve residence for naturalization purposes. This form can help protect your eligibility for naturalization by preventing a finding of interrupted residence.
Do you show good moral character?
Applicants for naturalization must show good moral character based on different aspects of your life. Generally, USCIS reviews good moral character within five years before the application, though a naturalization application can be denied if USCIS finds that you don’t possess good moral character.
For instance, being current on tax filings and payments is a key indicator of good moral character. If you have outstanding taxes and no payment plan to pay those taxes, you will likely be found to lack good moral character by USCIS. Other factors such as certain crimes, alcoholism or drug addiction, or a failure to pay child support may also support a finding that you lack good moral character. The USCIS Policy Manual lists the various offenses that may temporarily prohibit you from naturalization.
USCIS may also look at your history outside of the five years to determine whether you have committed an act lacking good moral character that may permanently prevent you from becoming a U.S. citizen. Permanent bars to good moral character include being convicted of murder, convicted of an aggravated felony, or involvement in/with Nazi persecutions, genocide, torture, or extrajudicial killings, particularly severe violations of religious freedom.
Do you have lawful permanent residence for five years?
In general, a naturalization applicant must show five years of lawful permanent residence before applying for citizenship.
If you’re married to a U.S. citizen or U.S. military service member (active duty or veteran) or granted VAWA based on marriage to a U.S. citizen, you may apply for naturalization after three years of lawful permanent residence. If you’re married to a U.S. citizen, you must demonstrate that you are still married to your U.S. citizen spouse and have lived with them for the last three years to benefit from applying for U.S. citizenship earlier.
We hope this has provided you with some clarity on the naturalization requirements and your potential path to citizenship. We’re here to assist with your case if you have any additional questions.
We know that each immigration case is unique. Please don’t hesitate to contact us with any questions you may have. We’re here to support your immigration needs.