> Overview

Naturalization is the process through which a legal permanent resident -- someone with a green card -- becomes a US citizen. A green card holder is eligible for naturalization when he or she has:

• Reached at least 18 years old
• Resided in the US as a legal permanent resident for at least 5 years with at least 30 months of physical presence in the US during those 5 years
• The ability to read, write, and speak English
• An understanding of US history and civics
• Good moral character; and
• Support for the principles of the US Constitution

The naturalization process has three steps; citizenship is not bestowed until completion of all the steps:

1. Application
2. Interview with Citizenship and Immigration Services including naturalization exam
3. Ceremony at which oath is administered

Naturalization is optional and it comes with many benefits including:

• The right to vote in US elections
• Freedom from residence requirements, allowing for long-term residence abroad without risk of losing US citizenship
• Use of a United States passport for international travel
• Freedom from deportation
• The ability to petition for green cards for both married children and siblings
• Significantly decreased wait time for green cards for unmarried children over 21
• Eligibility for simultaneous filing of an I-130 petition (link to family immigration) and I-485 application for green card for spouse and unmarried children under 21 upon petition

We encourage anyone wishing to become a US citizen seek the counsel of an immigration attorney for verification of eligibility of naturalization before applying.

> What is continuous residence?

The government will consider any trip of more than 1 continuous year outside the United States to be an abandonment of residence and will closely examine any trip of more than 180 days outside the United States. An applicant who has always returned to the United States within 180 days of any departure after receiving a green card should not worry about this requirement.

> What is the naturalization exam?

The naturalization exam is part of the naturalization interview and used to determine if the applicant's understanding of US history and civics and ability to read, write, and speak English are sufficient for naturalization.

The examining officer will ask the applicant up to 10 questions about US history and civics. The applicant must answer at least 6 questions correctly. The government publishes a list of all potential questions and their answers. Please refer to the 2008 version of the test. The 2020 version only applies to applicants with who filed during a 4-month window in late 2020 and early 2021.

The examining officer will present 3 sentences for the applicant to read aloud and will read 3 sentences for the applicant to write. The applicant must correctly read at least one of the written sentences and correctly write at least one of the spoken sentences. The government publishes a list of all words that may appear in the reading and writing portions of the English test. The examining officer will also evaluate the applicant's ability to speak English through the responses the applicant provides when asked questions.

If the applicant fails the US history and civics test or the English test, he or she will be permitted 1 retake of the failed test or entire exam at a future date. If the applicant also fails the 2nd test, he or she will have to reapply for naturalization.

Some applicants with sufficient age and time in the US as a permanent resident have reduced requirements for the naturalization exam. An applicant who is at least 50 or 55 years old with at least 20 or 15 years of permanent residence, respectively, is exempt from the English test. Furthermore, if the applicant is at least 65 years old with at least 20 years of permanent residence, the examining officer may choose from a smaller list of potential questions for the US history and civics exam. Any applicant who is exempt from the English test for this reason may take the US history and civics test in his or her best language with translation provided by an interpreter supplied by the applicant.

An applicant with a physical or developmental disability or mental impairment that would make the applicant unable to take either or both the English or US history and civics tests may apply for a medical waiver to be excused from taking such test. To apply for the waiver, a medical doctor, doctor of osteopathy, or clinical psychologist licensed in the United States must complete a form certifying the applicant's disability or impairment and its impact on the applicant's ability to take either portion of the naturalization exam.

> What is good moral character?

Good moral character for naturalization purposes generally means the applicant can answer each of the below questions with a “no.” A yes, however, does not necessarily disqualify the applicant for lack of good moral chracter. We urge anyone contemplating naturalzation who will answer any of the below questions with "yes to consult an immigration attorney for advice on how to naturalize.

• Have you ever committed a crime or offense for which you were not arrested?
• Have you ever been arrested, cited, or detained by any law enforcement officer (including USCIS, INS, and military officers) for any reason?
• Have you ever been charged with committing any crime or offense?
• Have you ever been convicted of a crime or offense?
• Have you ever been placed in an alternative sentencing or rehabilitative program such as diversion, deferred prosecution, deferred adjudication, or withheld adjudication?
• Have you ever received a suspended sentence, been placed on probation or been paroled?
• Have you ever been in jail or prison?
• Have you ever been a habitual drunkard?
• Have you ever been a prostitute, or procured anyone for prostitution?
• Have you ever sold or smuggled controlled substances, illegal drugs, or narcotics?
• Have you ever been married to more than one person at the same time?
• Have you ever helped anyone enter or try to enter the United States illegally?
• Have you ever gambled illegally or received income from illegal gambling?
• Have you ever failed to support your dependents?
• Have you ever failed to pay alimony?
• Have you ever given false or misleading information to any US Government official while applying for any immigration benefit or to prevent deportation, exclusion, or removal?
• Have you ever lied to any US Government official to gain entry or admission in the United States?

> What does it mean to support the US Constitution?

This generally means the applicant can answer “yes” to the questions below. Answering “no” will not necessarily prohibit naturalization, but the applicant will need to provide a satisfactory explanation for answering "no." For instance, deeply held religious or moral opposition to violence is usually a satisfactory reason for unwillingness to bear arms if the applicant is willing to serve the US in a nonviolent capacity.

• Do you support the Constitution and form of government of the United States?
• Do you understand the full Oath of Allegiance to the United States?
• Are you willing to take the full Oath of Allegiance to the United States?
• If the law requires it, are you willing to bear arms on behalf of the United States?
• If the law requires it, are you willing to perform noncombatant services in the US Armed Forces?
• If the law requires it, are you willing to perform work of national importance under civilian direction?

The Oath of Allegiance is below. The Oath may be modified to accommodate the applicant's beliefs at the government’s discretion.

I hereby declare, on oath, that I absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty, of whom or which I have heretofore been a subject or citizen;

that I will support and defend the Constitution and laws of the United States of American against all enemies, foreign and domestic;

that I will bear true faith and allegiance to the same;

that I will bear arms on behalf of the United States when required by the law;

that I will perform noncombatant service in the Armed Forces of the United States when required by the law;

that I will perform work of national importance under civilian direction when required by the law; and

that I take this obligation freely, without any mental reservation or purpose of evasion, so help me God.

> Are the requirements different for spouses of US citizens?

A spouse of a US citizen is eligible to apply for naturalization after three years of permanent residency instead of the regular five years if the applicant:

• Is at least 18 years old
• Has had a green card (legal permanent residency) for the past three years before filing the application for naturalization.
• Has been living in marital union for the past three years with his or her US citizen spouse who is not the same gender and who has been a US citizen the entire three year period. These three years are counted back from the date of the naturalization examination instead of the date of the application.
• Has had continuous residence in the United States for the past three years
• Has physically been in the United States for at least 18 months in the past three years
• Will continue to reside in the United States at least through the date of naturalization
• Can read, write, and speak English
• Understands United States history and civics, and
• Has good moral character, an attachment to the principles of the US Constitution, and is well disposed to the good order and happiness of the US during all relevant periods under the law

> Are the requirements different for members or veterans of the US military?

The government has a fast-track to citizenship for members and veterans of the US military. Service or lack thereof during a designated period of hostility determines fast-track eligibility. Designated periods of hostility include:

• September 1, 1939 to December 31, 1946
• June 25, 1950 to July 1, 1955
• February 28, 1961 to October 15, 1978
• August 2, 1990 to April 11, 1991
• September 11, 2001 to the present

Fast-track citizenship is available for a member or veteran of the US military who served during a designated period of hostility and

• Served honorably in active-duty status or as a member of the Selected Reserve of the Ready Reserve
• Was honorably separated from the US military, if separated
• Was a lawfully admitted permanent resident at enlistment or induction or was physically in the United States or certain territories at the time of enlistment or induction.
• Can read, write, and speak English
• Understands US history and civics, and
• Has good moral character, an attachment to the principles of the US Constitution, and be well disposed to the good order and happiness of the U.S. during all relevant periods under the law

Fast-track citizenship is available for a member or veteran of the US military who did not serve during a designated period of hostility and

• Is at least 18 years old
• Has served honorably in the US military for at least one year
• Was honorably separated from the US military, if separated
• Files for naturalization during or within six months of separation from the US military, or has had continuous residence in the United States for the past five years with at least 30 months of physically being in the United States
• Will be a permanent resident at the time of the naturalization examination
• Can read, write, and speak English
• Understands US history and civics, and
• Has good moral character, an attachment to the principles of the US Constitution, and be well disposed to the good order and happiness of the U.S. during all relevant periods under the law.

Service members and veterans are not required to apply for naturalization under the eligibility rules for members and veterans of the US military and may use the rules for everyone else. Keep in mind that the rules for members and veterans of the US military offer special advantages including:

• Earlier eligibility for naturalization
• Waived filing and biometrics fees
• Assistance with the application from the US military

> Are the requirements different for spouses of members of the US military?

A spouse of a US citizen member of the US military who is or will be deployed is eligible for fast-track naturalization. The non-member spouse must

• Not be the same gender as his or her US citizen spouse member of the US military
• Be at least 18 years old
• Show that his or her US citizen spouse member of the military is or will be deployed abroad
• Be in the United States lawfully as a permanent resident at the time of both the naturalization exam and the naturalization itself
• Declare upon naturalization a good faith intent to reside abroad with the US citizen spouse member of the military and to return to the US upon termination of service abroad
• Read, write, and speak English
• Understand United States history and civics, and
• Have good moral character, an attachment to the principles of the US Constitution, and be well disposed to the good order and happiness of the US during all relevant periods under the law

Naturalization can occur overseas without the need to be in or return to the United States. To qualify, the non-member spouse must:

• Not be the same gender as his or her US citizen spouse member of the US military
• Be authorized to accompany his or her spouse abroad pursuant to his or her official orders
• Reside abroad with his or her spouse in marital union
• Have been a permanent resident for the past five years or have been a permanent resident for the past three years while living in marital union with his or her spouse during that time
• Declare upon naturalization a good faith intent to reside abroad with the US citizen spouse member of the military and to return to the US upon termination of service abroad
• Read, write, and speak English
• Understand United States history and civics, and
• Have good moral character, an attachment to the principles of the US Constitution, and be well disposed to the good order and happiness of the US during all relevant periods under the law

> Are the requirements different for children born outside the US to a US citizen?

Children of US citizens may already be US citizens. Instead of naturalization, a different process will be used to obtain documentation of citizenship. Contact us to schedule a consultation.

> Does the U.S. permit dual citizenship?

Yes. US law does not prohibit dual citizenship, but the applicant's country of citizenship may prohibit it. Depending on the law of the other country, dual citizenship could also be allowed, citizenship could be lost upon becoming a US citizen, or US citizenship may be ignored.

> When can the application for naturalization be filed?

No earlier than 90 days before meeting the continuous residency requirement as long as all other requirements are met.

> How long does the naturalization application process take?

Each USCIS field office has its own processing time. The processing times vary from about 4 months to nearly 1 year. In processing the N-400 application, the government will determine the applicant's eligibility to naturalize.

If the applicant is found eligible, a naturalization interview will be schedule at that local USCIS office if the applicant is found eligible. This interview will include the naturalization tests.

After passing the naturalization tests, the applicant will be scheduled for a naturalization ceremony. The ceremony could be in the next weeks following the interview or it could be 2 months after the interview.

> How much does naturalization cost?

$725 in government fees, $640 for filing and $85 for biometrics (fingerprints). Applicants aged 75 years and over do not have to pay the biometrics fee.

> I think I qualify for naturalization. What do I do now?

Schedule a consultation with us.

> I don’t think I qualify for naturalization. What can I do?

Schedule a consultation with us. We can analyze your situation and determine if you are eligible for naturalization now or develop a strategy for your naturalization in the future.