Citizenship & Naturalization

Source: INA § 316 (8 U.S.C. § 1427) — general naturalization requirements. INA § 319 (8 U.S.C. § 1430) — 3-year rule for spouses of U.S. citizens. INA § 312 (8 U.S.C. § 1423) — English and civics requirements. INA § 337 (8 U.S.C. § 1448) — oath of allegiance. USCIS Form N-400 — Application for Naturalization. 8 C.F.R. § 316 — naturalization regulations.

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Reviewed by the Commoner Law Editorial Team. Sourced from primary statutes (U.S. Code, CFR, state compiled statutes) and official government agency guidance. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards

Federal Law

What is this right?

Naturalization is the process by which a lawful permanent resident becomes a U.S. citizen. The general requirement is 5 years of continuous residence as a green card holder (3 years if married to a U.S. citizen). You must have been physically present in the United States for at least half of the required period, demonstrate good moral character, pass an English language test, and pass a civics test on U.S. history and government.

The total cost is $725 ($640 application fee plus $85 biometrics fee). Fee waivers are available for applicants with household income below 150% of the federal poverty guidelines. The process typically takes 8 to 14 months from filing to the oath ceremony. U.S. citizenship grants the right to vote, hold a U.S. passport, sponsor relatives for immigration without numerical limits (for immediate relatives), and protection from deportation.

When does it apply?

This applies when:

  • You have been a lawful permanent resident for at least 5 years (or 3 years if married to a U.S. citizen)
  • You are at least 18 years old
  • You have been physically present in the U.S. for at least 30 months out of the past 5 years (or 18 months out of 3 years for spouses)
  • You have lived in the state or USCIS district where you are applying for at least 3 months

Requirements breakdown:

  • Continuous residence: You must not have left the U.S. for any single trip of 6 months or more during the qualifying period. Trips of 6 to 12 months create a rebuttable presumption of broken continuity. Trips over 12 months automatically break continuity unless you filed Form N-470 before departing.
  • Good moral character: No serious criminal convictions during the statutory period. Aggravated felonies permanently bar naturalization. Other crimes may create temporary bars. You must also have filed tax returns and paid any owed taxes.
  • English test: You must demonstrate ability to read, write, and speak basic English. Exemptions exist for applicants age 50+ with 20+ years as LPR, or age 55+ with 15+ years as LPR (the 50/20 and 55/15 rules). These applicants can take the civics test in their native language.
  • Civics test: You must correctly answer 6 out of 10 questions from a list of 100 questions about U.S. history and government. Applicants age 65+ with 20+ years as LPR take a simplified version with 20 questions.
  • Dual citizenship: The United States generally permits dual citizenship. You do not have to give up your other citizenship to become a U.S. citizen, though the oath of allegiance includes renunciation of foreign allegiances. Check whether your home country allows dual citizenship as well.

What should you do?

Step 1: Confirm eligibility. You can file Form N-400 up to 90 days before meeting the continuous residence requirement (e.g., 4 years and 9 months after getting your green card for the 5-year track).

Step 2: File Form N-400 (Application for Naturalization) online at uscis.gov or by mail. The filing fee is $725 ($640 application plus $85 biometrics). Fee waivers are available using Form I-912 for applicants with household income below 150% of the federal poverty guidelines.

Step 3: Attend your biometrics appointment for fingerprinting and background checks. USCIS will mail you an appointment notice (Form I-797C) with the date, time, and location.

Step 4: Study for the English and civics tests. Free study materials are available at uscis.gov/citizenship, including the list of 100 civics questions, practice tests, reading and writing vocabulary lists, and study videos.

Step 5: Attend your naturalization interview at a USCIS field office. An officer will review your N-400 application, test your English ability, and administer the civics test. Bring your green card, state-issued ID, passport, and any travel records.

Step 6: If approved, attend the Oath of Allegiance ceremony. You will receive your Certificate of Naturalization (Form N-550) at the ceremony. You are a U.S. citizen from the moment you take the oath. Apply for your U.S. passport immediately using Form DS-11 at a passport acceptance facility.

What should you NOT do?

Don't lie on your N-400 application. Misrepresentation on a naturalization application is grounds for denial and can lead to denaturalization (revocation of citizenship) even years later under INA section 340. Always be truthful about your travel history, criminal record, and tax filing history.

Don't take long trips abroad during the statutory period. A single trip of 6 months or more creates a presumption that you broke continuous residence. If you must travel extensively for work, file Form N-470 (Application to Preserve Residence for Naturalization Purposes) before departing.

Don't ignore criminal issues. If you have any arrests, charges, or convictions, consult an immigration attorney before filing N-400. Some crimes permanently bar naturalization, and filing the application brings your record to USCIS's attention, which could trigger removal proceedings if there are deportable offenses.

Don't miss your interview. If you cannot attend, you must reschedule by contacting USCIS. Failing to appear without rescheduling can result in your application being denied under 8 C.F.R. section 335.6 for failure to prosecute.

Don't delay registering to vote and applying for a passport after naturalization. Your Certificate of Naturalization is your proof of citizenship. Register to vote immediately and apply for a U.S. passport, which serves as a more portable proof of citizenship.

Common Questions

When does citizenship & naturalization apply?

This applies when:You have been a lawful permanent resident for at least 5 years (or 3 years if married to a U.S. citizen)You are at least 18 years oldYou have been physically present in the U.S. for at least 30 months out of the past 5 years (or 18 months out of 3 years for spouses)You have lived in the state or USCIS district where you are applying for at least 3 monthsRequirements breakdown:Continuous residence: You must not have left the U.S. for any single trip of 6 months or more during the qualifying period. Trips of 6 to 12 months create a rebuttable presumption of broken continuity. T...

What should I do about citizenship & naturalization?

Step 1: Confirm eligibility. You can file Form N-400 up to 90 days before meeting the continuous residence requirement (e.g., 4 years and 9 months after getting your green card for the 5-year track).Step 2: File Form N-400 (Application for Naturalization) online at uscis.gov or by mail. The filing fee is $725 ($640 application plus $85 biometrics). Fee waivers are available using Form I-912 for applicants with household income below 150% of the federal poverty guidelines.Step 3: Attend your biometrics appointment for fingerprinting and background checks. USCIS will mail you an appointment noti...

What mistakes should I avoid with citizenship & naturalization?

Don't lie on your N-400 application. Misrepresentation on a naturalization application is grounds for denial and can lead to denaturalization (revocation of citizenship) even years later under INA section 340. Always be truthful about your travel history, criminal record, and tax filing history.Don't take long trips abroad during the statutory period. A single trip of 6 months or more creates a presumption that you broke continuous residence. If you must travel extensively for work, file Form N-470 (Application to Preserve Residence for Naturalization Purposes) before departing.Don't ignore cr...

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