The short version
This lesson explains how you can become a United States citizen through a process called naturalization. It covers the main requirements you must meet and mentions the application form, N-400, you'll need to use. Understanding this process is important if you are a lawful permanent resident and wish to become a citizen, gaining new rights and responsibilities.
The law this is built on
Every point below comes from the authority named next to it. Verify the current text before relying on it.
- 8 U.S.C. § 1427(a)
This law states that to become a naturalized citizen, you generally must have lived in the U.S. as a lawful permanent resident for at least five years immediately before applying. You also need to have been physically present in the U.S. for at least half of that time.
Why it matters: This sets the minimum time you must hold a green card before you can apply to become a citizen.
- 8 U.S.C. § 1427(a)(2)
The law requires that you must have resided continuously in the U.S. from the date you filed your naturalization application up until you become a citizen.
Why it matters: This means you cannot move outside the U.S. permanently during the application process.
- 8 U.S.C. § 1427(a)(3)
This section requires you to show you are a person of 'good moral character' during the time required for residency, and for it to continue until you take the Oath of Allegiance.
Why it matters: Certain criminal acts or other actions can prevent you from meeting this requirement, even if they happened some time ago.
- 8 U.S.C. § 1427(a)(4)
The law states you must be able to read, write, and speak basic English. You also need to have some knowledge and understanding of U.S. history and government.
Why it matters: This means you will likely need to pass an English test and a civics test during your naturalization interview.
- 8 U.S.C. § 1427(a)(5)
This part of the law requires you to demonstrate that you are committed to the principles of the U.S. Constitution and are well-disposed to the good order and happiness of the United States.
Why it matters: You will be asked about your willingness to support and defend the Constitution and laws of the U.S. as part of the process.
Words you need to know
- Naturalization
- Naturalization is the process by which a lawful permanent resident (green card holder) becomes a U.S. citizen. It's how someone not born in the U.S. can gain citizenship.
- Lawful Permanent Resident (LPR)
- An LPR, often called a 'green card holder,' is someone who has been granted permission to live permanently in the United States. This status is usually a prerequisite for naturalization.
- Form N-400
- This is the official 'Application for Naturalization' form that you must file with U.S. Citizenship and Immigration Services (USCIS) to begin the naturalization process.
- Continuous Residence
- This means you have maintained your status as a permanent resident and not abandoned your residency in the U.S. for the required period before applying and until you become a citizen. Longer trips outside the U.S. can break continuous residence.
- Physical Presence
- This refers to the actual amount of time you have spent physically within the borders of the U.S. during your continuous residence period. The law requires you to be physically present for at least half of the continuous residence period.
- Good Moral Character
- This is a legal requirement meaning you have generally followed the law and acted ethically for a certain period before applying for citizenship. Certain criminal convictions or actions can show a lack of good moral character.
- Civics Test
- During your naturalization interview, you will be tested on your knowledge of U.S. history and government. You must answer a certain number of questions correctly.
Your rights
- ✓You have the right to apply for naturalization if you meet the eligibility requirements.
- ✓You have the right to an interview with a USCIS officer.
- ✓You have the right to bring an attorney or accredited representative to your interview.
- ✓You have the right to appeal a denial of your naturalization application.
- ✓You have the right to certain accommodations for disabilities that might affect the English or civics test.
- ✓As a naturalized citizen, you gain the right to vote in federal elections.
- ✓As a naturalized citizen, you gain the right to hold federal office (except for President or Vice President).
How the process actually works
- 1Meet eligibility requirementsOngoing until application.
Before applying, you must generally be at least 18 years old, a lawful permanent resident for 5 years (or 3 years if married to a U.S. citizen), and meet continuous residence and physical presence rules. You also need to show good moral character.
- 2Prepare Form N-400When you meet eligibility or are within 90 days of meeting the continuous residency requirement.
You will complete the Application for Naturalization (Form N-400) carefully and truthfully. Gather all necessary supporting documents, such as copies of your green card, marriage certificate (if applicable), and travel records.
- 3Submit N-400 and feesAfter preparation, when you are ready to apply.
Mail your completed Form N-400 along with the required filing fee and biometric services fee to the correct USCIS lockbox facility. Keep a copy of everything you send.
- 4Biometrics appointmentUsually a few weeks to a few months after filing N-400.
USCIS will send you an appointment notice to visit an Application Support Center (ASC). There, they will take your fingerprints, photograph, and signature for background checks.
- 5Naturalization interviewSeveral months to over a year after filing N-400, depending on location.
You will attend an interview with a USCIS officer. The officer will review your application, ask questions about your eligibility, test your English skills (reading, writing, speaking), and administer a civics test.
- 6Decision and Oath CeremonyImmediately after interview for some, or weeks to months later for others.
After your interview, USCIS will make a decision. If approved, you will receive an invitation to an Oath of Allegiance Ceremony, where you will take an oath and officially become a U.S. citizen.
Deadlines that can end your case
- Continuous Residence (general)5 years as a lawful permanent resident (LPR)
You can file Form N-400 up to 90 days before reaching your 5-year anniversary as an LPR.
- Continuous Residence (spouse of U.S. Citizen)3 years as a lawful permanent resident (LPR) if married to and living with a U.S. citizen for that entire period
You can file Form N-400 up to 90 days before reaching your 3-year anniversary as an LPR under this rule.
- Physical PresenceAt least half of your continuous residence period (e.g., 2.5 years for the 5-year rule)
If you don't meet this, your application may be denied, and you may need to wait longer to reapply.
Costly mistakes
- ✕Not meeting continuous residence or physical presence requirements due to long trips outside the U.S. (8 U.S.C. § 1427(a)(1), (2)).
- ✕Failing to disclose all arrests, citations, or criminal history on the N-400, even if charges were dropped or expunged, leading to a finding of a lack of 'good moral character' or misrepresentation (8 U.S.C. § 1427(a)(3)).
- ✕Lying or providing false information on the N-400 application, which can lead to denial and potential immigration consequences.
- ✕Not preparing for the English and civics tests, which are mandatory parts of the interview (8 U.S.C. § 1427(a)(4)).
- ✕Not updating USCIS with a new address, causing you to miss important notices like interview appointments.
- ✕Not bringing all requested documents to the naturalization interview, causing delays or denial.
Your checklist
- Check your eligibility: Confirm you meet age, LPR status duration, continuous residence, and physical presence requirements.
- Gather documents: Collect your green card, social security card, passports, marriage/divorce certificates, tax returns, and any arrest records.
- Complete Form N-400: Fill out the application accurately and completely, making sure to answer all questions truthfully.
- Review and make copies: Before sending, carefully review your entire application and make copies of all forms and supporting documents for your records.
- Submit application: Mail the N-400 and all required fees to the correct USCIS address.
- Attend biometrics appointment: Go to your scheduled appointment to provide fingerprints, photograph, and signature.
- Study for tests: Prepare for the English reading, writing, and speaking tests, as well as the U.S. civics test.
- Attend interview: Go to your naturalization interview with all original documents, including those you submitted copies of with your application.
Common questions
What if I have traveled outside the U.S. for a long time?
Long trips outside the U.S. can affect your 'continuous residence' and 'physical presence' requirements (8 U.S.C. § 1427(a)(1), (2)). If you were out of the U.S. for 6 months to 1 year, it might break continuous residence unless you can prove you didn't abandon your residency. If you were out for 1 year or more, it generally breaks continuous residence. You may need to restart the waiting period.
Do I need to pass an English test?
Yes, unless you qualify for an exemption. Generally, you must demonstrate the ability to read, write, and speak basic English (8 U.S.C. § 1427(a)(4)). Exceptions exist for those who are age 50 and have been an LPR for 20 years, or age 55 and an LPR for 15 years (the '50/20' and '55/15' rules).
What happens if I fail the civics or English test?
If you fail either the English or civics test at your first interview, USCIS will give you a second chance. You will typically be scheduled for another interview within 60 to 90 days to re-take the portion you failed (8 U.S.C. § 1427(a)(4)). If you fail a second time, your application will be denied, and you'll need to reapply.
What is 'good moral character' and why is it important?
'Good moral character' is a key requirement for naturalization (8 U.S.C. § 1427(a)(3)). It means you've generally obeyed the law and acted ethically for the past 3 or 5 years and up to the Oath Ceremony. Certain crimes, false statements, or failure to pay child support can show a lack of good moral character and lead to denial of your application.
Can I apply if I have a criminal record?
It depends on the nature and recency of the criminal record (8 U.S.C. § 1427(a)(3)). Certain crimes, especially serious ones, can make you ineligible for naturalization because they show a lack of 'good moral character.' Always disclose all arrests or convictions on your application, even if they were minor or occurred a long time ago, or were expunged. It's best to consult with an immigration attorney if you have a criminal record.
How this changes by state
Naturalization requirements are set by federal law, specifically the Immigration and Nationality Act (INA), found in Title 8 of the U.S. Code. This means the rules and forms for naturalization are the same across all U.S. states and territories. There are no state-specific variations for the N-400 application or the eligibility criteria to become a U.S. citizen. The process is managed by U.S. Citizenship and Immigration Services (USCIS), a federal agency.
When you need a lawyer
You should consider consulting an immigration lawyer if you have a criminal record, even a minor one, or if you have had long absences from the U.S. or other issues with continuous residence. A lawyer can also help if you've been denied naturalization in the past, or if you have complex immigration history. If you are unsure about any part of the N-400 application or your eligibility, especially regarding good moral character, legal advice can prevent costly mistakes.
Do this today
- →Review the official USCIS website for the most current version of Form N-400 and its instructions.
- →Use the USCIS 'Naturalization Eligibility Worksheet' (Form N-400 Worksheet) to assess your eligibility.
- →Begin gathering all necessary documents needed to support your N-400 application, such as your green card and travel history.
- →Start studying for the English and civics tests by using the official USCIS study materials.
This lesson is legal information for educational purposes only, based on 8 U.S.C. § 1427. It is not legal advice and does not create an attorney-client relationship.