Applying for United States citizenship is a huge milestone in the immigration process. Once you become a US citizen, you are able to vote, obtain a US passport, serve on juries, apply for federal jobs, obtain certain government benefits, and even become an elected official. US citizens are also eligible to sponsor their parents, siblings, and married/unmarried children over the age of 21 for permanent residency. 

For those who are deciding whether to naturalize, USCIS has published a page with considerations and rights/responsibilities of US citizens. 

General requirements for Naturalization: 

All applicants for citizenship must meet the below requirements at the time they submit their Form N-400, Naturalization: 

• Be at least 18 years old;
• Have been a lawful permanent resident for at least five years (or three years if married to a US citizen);
• Have continually resided in the United States for at least five years immediately before (or three years if married to a US citizen)
• Have been physically present in the United States for at least 30 months out of the five years immediately before (or 18 months if married to a US citizen)
• Have lived for at least three months in a state or USCIS district having jurisdiction over your place of residence
  • If you are a student and are financially dependent on your parents, you may apply for naturalization where you go to school or where your family lives.
• Show that you are a person of good moral character and have been a person of good moral character for at least five years immediately before (or three years if married to a US citizen)
• Demonstrate an attachment to the principles and ideals of the U.S. Constitution;
• Be able to read, write and speak basic English;
• Have knowledge and understanding of the fundamentals of the history, and of the principles and form of government, of the United States (civics),; and
• Take an Oath of Allegiance to the United States.

We recommend that those with prior arrests, or other instances that may impact a finding of good moral character, contact an immigration attorney to learn more about eligibility.

Naturalization for Members of the Armed Forces:

Exceptions are available for those who are currently serving or have previously served in the US armed forces. If you served honorably in the armed forces for at least one year at any time, you may be eligible to apply for naturalization. 

The requirements for citizenship are as follows:

• Be 18 years old or older;
• Have served honorably at any time in the U.S. armed forces for a period or periods totaling at least 1 year;
• Have submitted a completed Form N-426, Request for Certification of Military or Naval Service, at the time of filing your N-400, if you are currently serving, or a photocopy of your DD Form 214, Certificate of Release or Discharge from Active Duty, NGB Form 22, National Guard Report of Separation and Record of Service, or other official discharge document for all periods of service if you are not currently serving;
• Demonstrate that if separated from service, you were separated under honorable conditions;
• Be a lawful permanent resident at the time of your naturalization interview;
• Meet the five year residence and physical presence requirements;
• Demonstrate the ability to read, write and speak English, unless qualified for a waiver or exception;
• Demonstrate knowledge of U.S. history and government, unless excepted;
• Demonstrate good moral character for at least five years before filing your N-400 through the day you naturalize; and
• Demonstrate an attachment to the principles of the U.S. Constitution and be well disposed to the good order and happiness of the United States during all relevant periods under the law, unless waived.

There are also separate requirements for serving in the armed forces during designated periods of hostilities. The designated periods of hostilities are listed below:

• April 6, 1917 – November 11, 1918
• September 1, 1939 – December 31, 1946
• June 25, 1950 – July 1, 1955
• February 28, 1961 – October 15, 1978
• August 2, 1990 – April 11, 1991
• September 11, 2001 – present

If you served during a designated period of hostilities, the requirements for citizenship are as follows:

• Have served honorably in the U.S. armed forces during a designated period of hostility, and if separated, have been separated under honorable conditions from your qualifying period of service;
• Have submitted a completed Form N-426, Request for Certification of Military or Naval Service, if you are serving when you file your N-400, or a photocopy of your DD Form 214, Certificate of Release or Discharge from Active Duty, NGB Form 22, National Guard Report of Separation and Record of Service, or other official discharge document for all periods of service if you are not currently serving;
• Be a lawful permanent resident or have been physically present at the time of enlistment, reenlistment, or extension of service or induction into the U.S. armed forces:
  • In the United States, the Canal Zone, American Samoa, or Swains Island; or
  • On board a public vessel owned or operated by the United States for noncommercial service;
• Demonstrate the ability to read, write and speak English, unless qualified for a waiver or exception;
• Demonstrate knowledge of U.S. history and government, unless excepted;
• Demonstrate good moral character for at least 1 year prior to filing your N-400 through the day you naturalize; and
• Demonstrate an attachment to the principles of the U.S. Constitution and be well disposed to the good order and happiness of the United States during all relevant periods under the law, unless waived.

An applicant who files on the basis of military service during hostilities is exempt from the general naturalization requirements of continuous residence and physical presence.

Naturalization for Children:

Children under age 18 can become citizens in one of two ways. 

First, they can derive citizenship at birth. Children can become a citizen by being born in the US. If born outside of the US, children may be able to derive citizenship from a US citizen parent. The requirements to derive citizenship from a parent at birth vary depending on when the child was born. If you have questions about whether your child derived citizenship, we recommend contacting an immigration attorney to discuss further.  

Second, children under the age of 18 can derive citizenship of one of their parents naturalizes. The US citizen parent must have or must have had physical and legal custody of the child in order to pass their citizenship on. 

When to apply for naturalization:

The timeframe in which you can apply for citizenship after becoming a lawful permanent resident vary depending on whether you are married to a US citizen as follows:

• Lawful permanent residents may apply for citizenship after five years of lawful permanent residence.
• Spouses of a US citizen may apply for citizenship after three years of lawful permanent residence if they have been living in marital union with their US citizen spouse. 

These timelines are general and may vary depending on if you have satisfied the physical presence and continuous residence requirements. You should contact an immigration attorney for additional guidance if you have spent significant periods of time outside of the US since becoming a lawful permanent resident. 

Generally, Forms N-400 can be filed 90 days before you complete your continuous residence requirement. For example, if you became a citizen on May 1, 2020 then you would be able to apply no sooner than January 31, 2025 (90 days before May 1, 2025) as long as you have satisfied all other requirements. 

The Naturalization Test:

At your naturalization interview you will be tested on your knowledge of English and US civics. You will be given two attempts to pass both tests on the day of your interview. 

The USCIS officer conducting your interview will evaluate your ability to understand and speak, to read, and to write full sentences in English. 
The civics test will consist of ten questions of which you must correctly answer 6. The questions are drawn from a list of 100 questions published online by USCIS. 

Study materials are available online here. 

What Happens After the Interview:

Once your application has been approved, some USCIS Field offices have the ability to conduct your oath ceremony immediately. Otherwise you will receive a notice by mail notifying you of a scheduled oath ceremony. 

If additional information is needed before your application can be approved, USCIS should mail you a Request for Evidence explaining what additional information is needed. 

If you do not pass the English and civics test, you will be scheduled to return and test again on the portion that you failed (English or civics) between 60-90 days after your interview. If you still do not pass after the rescheduled interview, you can reapply as long as you remain eligible. 

If you application is denied for a reason other than not passing the English and civics test, you should contact an immigration attorney to discuss the reasons for denial and the next steps moving forward. 

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Contact the Law Offices of James D. Eiss today if you have questions related to naturalization.