Who Can Apply
The general requirements come from 8 U.S.C. § 1427:
| Requirement | General rule (5-year path) | Spouse of U.S. citizen (3-year path) |
|---|---|---|
| Age | 18 or older | 18 or older |
| Permanent residence | 5 years as an LPR | 3 years as an LPR, married to and living with the same citizen spouse for those 3 years |
| Continuous residence | 5 years | 3 years |
| Physical presence | At least 30 months in the U.S. | At least 18 months in the U.S. |
| Local residence | 3 months in the state or USCIS district where applying | Same |
The three-year rule for spouses is in 8 U.S.C. § 1430. Applicants can file up to 90 days before reaching the required residence period.
Continuous Residence vs. Physical Presence
- Continuous residence means you have not abandoned your U.S. residence. A single trip of more than six months but less than a year creates a presumption that continuous residence was broken, which you may be able to rebut. A trip of one year or more generally breaks it.
- Physical presence counts the actual days you were inside the U.S. during the required period.
Good Moral Character
Applicants must show good moral character during the required period and up to the oath. Certain conduct automatically bars a finding of good moral character, and other conduct is weighed case by case. Issues that commonly cause problems:
- Certain criminal convictions, and any conviction for an aggravated felony (a permanent bar)
- False testimony to obtain immigration benefits
- Failure to pay taxes or child support
- Failure to register for Selective Service (for men required to register)
- Unlawful voting or false claims to U.S. citizenship
English and Civics Tests
At the interview, applicants generally must show they can read, write, and speak basic English and pass a civics test on U.S. history and government. USCIS publishes the official study materials and periodically updates the test format, so use the current version on its website.
Exemptions from the English requirement exist for applicants who are:
- 50 or older with 20 years as a permanent resident
- 55 or older with 15 years as a permanent resident
These applicants can take the civics test in their own language. Applicants 65 or older with 20 years of permanent residence get special consideration on the civics test. People with qualifying disabilities can request an exception using Form N-648.
The Application Process
- Check eligibility and gather documents, including your green card, travel history, marriage records if applicable, and any court records.
- File Form N-400 online or by mail and pay the fee, or request a fee waiver or reduced fee if eligible.
- Biometrics appointment for fingerprints and background checks.
- Interview with a USCIS officer, including the English and civics tests.
- Decision: granted, continued for more evidence or a retest, or denied. Denials can be appealed administratively with Form N-336.
- Oath ceremony. You become a citizen only when you take the Oath of Allegiance, then receive a Certificate of Naturalization.
After Naturalization
New citizens can vote, get a U.S. passport, sponsor more relatives, serve on juries, and hold most public offices. The United States permits dual citizenship, but your other country might not.
Other Paths to Citizenship
- Children: Children under 18 who are permanent residents living in the legal and physical custody of a U.S. citizen parent generally become citizens automatically under 8 U.S.C. § 1431.
- Military service: Members of the U.S. armed forces may qualify with shorter residence requirements, or none during designated periods of hostilities.
