Frequently Asked Questions: Naturalization Process

Generally speaking, the term “Naturalization” refers to the legal process by which a foreign-born Lawful Permanent Resident (Green Card holder or LPR) becomes a citizen of the United States. To apply for naturalization, the applicants must show they meet the eligibility requirements. 

To apply for naturalization, adults must fill out the “Application for Naturalization” (Form N-400). Children who get citizenship from their naturalized parents must fill out the “Application for a Certificate of Citizenship” (Form N-600).

If you meet the requirements for naturalization, the process can take 4-8 months. However, depending on your background and the jurisdiction where you file the Form N-400 may affect the reviewing process. 

Criteria for Naturalization Based on a Five-Year Lawful Permanent Residency

For those aspiring to gain naturalization, having had a lawful permanent residency for a minimum of five years, the following prerequisites must be met:

1. Be a minimum of 18 years old at the point of submitting Form N-400, the Naturalization Application.
2. Prove that you’ve legally been a permanent resident in the United States for at least five years.
3. Establish a continuous residency in the United States for a minimum of five years directly preceding your Form N-400 submission.
4. Prove that you’ve been physically present in the United States for at least 30 months within the five years directly preceding your Form N-400 submission.
5. Demonstrate that you’ve resided for not less than three months in a state or USCIS district with jurisdiction over your residence. (For dependent students, you may apply for naturalization where you study or your parents live).
6. Demonstrate that you possess a good moral character and have maintained it for at least five years before your Form N-400 submission.
7. Show proficiency in basic English reading, writing, and speaking skills.
8. Display knowledge of U.S. history, principles, and the form of government (civics).
9. Pledge an Oath of Allegiance to the United States.

Qualifications for Naturalization Based on Three-Year Lawful Permanent Residency

In order to qualify for naturalization per section 319(a) of the INA, the following conditions must be met:

1. Be at least 18 years old when submitting Form N-400, the Naturalization Application.
2. Have lawfully resided as a permanent resident in the United States for no less than three years before your Form N-400 submission date.
3. Be in a marital relationship with your U.S. citizen spouse for three years directly before the date of your application submission and during the adjudication of your application.
4. Have resided for a minimum of three months in a state or USCIS district with jurisdiction over your place of residence.
5. Maintain continuous residence in the United States as a lawful permanent resident for at least three years directly before your application submission date.
6. Continue to live within the United States from the date of your application submission until the date of your naturalization.
7. Be physically present in the United States for a minimum of 18 months within the three years directly before your application submission date.
8. Exhibit proficiency in reading, writing, and speaking English, and have knowledge and comprehension of U.S. history, principles, and form of government (also called civics).
9. Demonstrate good moral character, a commitment to the principles of the U.S. Constitution, and a positive disposition towards the welfare and happiness of the United States for at least three years directly before the date of your Form N-400 submission and until you swear the Oath of Allegiance.

Generally, yes, you can, but it depends on the laws of your home country. If you have held citizenship in the country where you were born, you might be eligible for dual citizenship. If your home country does not demand that you officially renounce your U.S. citizenship in front of U.S. consular officials, then you have the right to retain both citizenships.

An immigration attorney can assist in filing out the often confusing citizenship application forms. Failure to properly complete the application form could result in immigration officials believing you misrepresented or lied to them. However, the naturalization application process involves more than filing the N400 form. Some applicants do not realize that not only do they not possess the good moral character required of naturalization & citizenship applicants and, by applying for citizenship, they will place themselves in danger of being deported and losing their green card. A qualified immigration attorney will interview their client thoroughly before preparing the naturalization application package to minimize the chances that the client will either not possess good moral character or be deemed deportable and lose their green card.

Always keep in mind that taking the Oath of Allegiance to the United States is a solemn vow. Therefore, the Oath signifies your commitment to uphold the laws and constitution of the United States. The Oath is usually administered by an immigration official during a public ceremony.

The Oath generally reads as follows:

“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 America 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.”

It’s important to note that some of these elements may be waived or modified depending on individual circumstances, such as religious beliefs or disability. For example, those who have a conscientious objection to bearing arms can have that requirement waived. This is done on a case-by-case basis and you must seek a candid advice before requesting a waiver or modified version of the Oath. 

A citizenship lawyer is permitted to attend the naturalization interview with the applicant and is often helpful in advocating for the applicant, especially when there are things in the applicant’s background that may affect the outcome of the case.  It is important to be fully prepared for the naturalization interview to avoid denials and re-applications.  

Permanent residents applying for U.S. citizenship are usually required to pass a citizenship test which encompasses an English language evaluation and a U.S. history and civics questions. However, applicants suffering from mental impairments may be assessed by a certified psychologist who may deem them unfit to undertake the citizenship test. In such a case, the psychologist completes the N-648 form, which is then submitted along with the citizenship application (Form N-400). If the USCIS officer validates this exemption during the applicant’s interview, the individual may proceed to the oath ceremony and acquire U.S. citizenship.