Becoming a United States citizen, step by step
Naturalization is the process by which a lawful permanent resident becomes a U.S. citizen. It is started with Form N-400, Application for Naturalization, filed with USCIS. For many people the application is straightforward. For others, past travel, tax issues, arrests or problems with how the green card was obtained can create serious risks, because USCIS reviews your entire immigration history when you apply.
Usher Law Group helps permanent residents in New York and New Jersey decide whether and when to apply, prepares the application, and prepares clients for the interview and test.
General eligibility requirements
- Age: at least 18 when you file.
- Permanent residence: generally five years as a green card holder, or three years if you are married to and living with a U.S. citizen (see below). USCIS allows filing up to 90 days before you reach the required period.
- Continuous residence: long trips abroad can break continuous residence. Absences of more than six months raise questions, and an absence of one year or more generally breaks it.
- Physical presence: at least half of the required period physically in the United States (30 months out of five years, or 18 months out of three).
- Local residence: generally at least three months living in the state or USCIS district where you file.
- Good moral character: USCIS looks closely at the statutory period and can consider earlier conduct. Criminal history, failure to file taxes, false claims to U.S. citizenship and unpaid child support are common problem areas.
- English and civics: you must show you can read, write and speak basic English and pass a civics test on U.S. history and government, unless an exception applies.
- Attachment to the Constitution: you must be willing to take the Oath of Allegiance.
Special paths to citizenship
Spouses of U.S. citizens
If you have been a permanent resident for at least three years, have been married to and living with the same U.S. citizen spouse for those three years, and your spouse has been a citizen the whole time, you may apply under the three-year rule. All other requirements still apply.
Military service members and their families
Current and former members of the U.S. armed forces may qualify under special provisions that can shorten or waive the usual residence and physical presence requirements, especially for service during designated periods of hostilities. Some spouses and children of service members also have special provisions.
Children of new citizens
A child can become a citizen automatically, without filing an N-400, when all of these are true: at least one parent is a U.S. citizen, the child is under 18, the child is a permanent resident, and the child lives in the United States in the legal and physical custody of the citizen parent. The child can then apply for a Certificate of Citizenship on Form N-600 or for a U.S. passport as proof. Adopted children and children born outside marriage have additional requirements.
English and civics exceptions
Some older applicants who have been permanent residents for many years may be exempt from the English requirement and take the civics test in their own language. Applicants with a qualifying physical or developmental disability or mental impairment may ask for an exception using Form N-648, completed by a licensed medical professional. USCIS publishes the current civics questions and study materials on its website.
How we help
- Review your green card history, travel, taxes and any arrests to identify risks before filing.
- Calculate your eligibility date, continuous residence and physical presence.
- Prepare and file the N-400 with supporting documents, and any fee waiver or reduced fee request if you qualify.
- Prepare you for the interview, including the English and civics portions and questions about your application.
- Respond to requests for more documents, and handle denials and continued cases.
- Help parents obtain proof of citizenship for children who derived it.
What to bring
- Your green card and passports, including expired ones
- A list of every trip outside the United States in the statutory period, with dates
- Marriage and divorce records, and proof of your spouse's citizenship if applying under the three-year rule
- Tax returns or IRS transcripts for the statutory period
- Certified dispositions for every arrest, citation or charge, anywhere in the world
- Proof of child support payments, if you have a support order
If USCIS denies or delays your application
If the N-400 is denied, you can generally request a hearing before a USCIS officer on Form N-336. The deadline is short, generally 30 days from the decision with a few extra days if it was mailed, so act quickly. After that administrative review, federal district court review may be available. If USCIS has not decided your case within 120 days after your interview, you may be able to ask a federal court to decide it or send it back to USCIS with instructions. See our writ of mandamus page for other delay options.
Frequently asked questions
Can I apply for citizenship if I have a criminal record?
A record does not automatically bar naturalization, but it can prevent you from showing good moral character, and some offenses can make you removable. USCIS can refer an applicant to immigration court. Have an attorney review certified dispositions for every arrest before you file.
Do long trips abroad affect my application?
Yes. An absence of more than six months can raise a presumption that you broke continuous residence, and an absence of one year or more generally breaks it unless you took specific steps in advance. Trips also count against the physical presence requirement. List every trip accurately on the N-400.
What happens if my N-400 is denied?
You can generally request a hearing before a USCIS officer by filing Form N-336 within a short deadline, usually 30 days from the decision, with extra time if the decision was mailed. If that review is unsuccessful, you may be able to seek review in federal district court. Depending on the reason for denial, filing a new application later may also be an option.
My child has a green card. Does my child become a citizen when I naturalize?
Often, yes. A permanent resident child under 18 who lives in the United States in the legal and physical custody of a U.S. citizen parent generally becomes a citizen automatically. You can then apply for a Certificate of Citizenship or a U.S. passport as proof. Additional rules apply to adopted children and some children born outside marriage.
Can I lose U.S. citizenship after I naturalize?
Naturalized citizenship can be revoked in court if it was obtained illegally or through fraud or concealment of material facts. Citizenship can also be lost by voluntarily performing certain acts, such as formally renouncing it, with the intent to give up citizenship. This is one more reason to make sure your application is complete and truthful.