Naturalization (”Citizenship”)

Many people who become a lawful permanent resident “LPR” (a green card holder) are interested in becoming naturalized US citizens and/or in filing immigrant visa petitions on behalf of other relatives.

An LPR may apply for status as a citizen after s/he has maintained LPR status for five (5) years, has been physically present in the U.S. for at least half of that time, and has not been absent from the U.S. for a continuous period of six (6) months or more during the five-year period. An LPR who is the spouse of a U.S. citizen with whom s/he has been living for three (3) years may apply for naturalization after only three (3) years.

Application Process

The naturalization application (Form N-400) can be filed three (3) months prior to the five (5) year anniversary of becoming a LPR (or three (3) months prior to the three (3) year anniversary of becoming an LPR for spouses of US citizens).

Please note that every applicant for naturalization must provide a list of all trips taken outside the U.S. since becoming a LPR. Therefore, individuals should document the dates of travel and countries visited for every trip taken outside the U.S. if planning to apply for naturalization in the future.

A LPR may file petitions with the USCIS only on behalf of a spouse and/or unmarried sons and daughters. There are no visas immediately available for family members of LPRs. This may mean that these family members will have to wait years until a visa becomes available to be eligible apply for LPR status.

A U.S. citizen may file petitions with USCIS on behalf of a spouse and unmarried sons and daughters. A U.S. citizen may also file petitions with USCIS on behalf of parents (if over the age of 21), brothers and sisters, and married sons and daughters. Certain family members, including spouses, unmarried sons and daughters under the age of 21, and parents, are considered “immediate relatives” and are eligible to apply immediately for LPR status.

The following requirements should be considered before applying for U.S. citizenship:

  1. Generally applicants must be at least 18 years old
  2. Applicants must prove continuous residence in the U.S.
  3. Applicants must be able to document no absences of more than six (6) months but less than one (1) year
  4. Physical presence in the U.S. 30 months out of 5 years (or 18 months out of 3 years)
  5. Residence within the state or USCIS district where the application will be filed for at least three (3) months before filing of application
  6. Documentation of good moral character for five (5) years (or for spouse of U.S. Citizen 3 years) before filing.
  7. Other documentary requirements include passing the English and Civics test.

Sample questions are available on the following USCIS website.  Click Here.

Swearing In Ceremony

After the applicant has passed the English and Civics test and after the naturalization application has been approved, s/he must take an oath of allegiance to the United States. USCIS may schedule the oath ceremony that same day or USCIS may schedule the oath ceremony for a date in the future. The applicant is not a US Citizen until s/he has sworn an oath of allegiance to the United States.