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Eligibility for naturalization
Naturalization is the way immigrants become citizens. If you are 18 years or older
and wish to apply for naturalization, you should use the
"Application for Naturalization"
(Form N-400).
If you want to apply for citizenship for a child who is under 18 years old, you should use the "Application for a Certificate of Citizenship" (Form N-600) or "Application for Citizenship and Issuance of a Certificate under Section 322" (Form N-600K). For more information about applying for citizenship for your children, see FAQ. In the next few pages, we describe the naturalization eligibility requirements for people who are 18 years or older and who will use the Form N-400. The following table summarizes the naturalization requirements for most types of applicants. After the table is a section that provides more information on each requirement. If you still have questions about your eligibility, you should consult an immigrant assistance organization or USCIS.
Time as a Permanent Resident Permanent Residents are people who have "permanent resident" status in the United States as provided for under U.S. immigration laws. Permanent Residents are normally given Permanent Resident Cards, also known as "Green Cards". (Note: these cards used to be called Alien Registration Cards.) In most cases, you must be a Permanent Resident for a certain number of years before you may apply for naturalization. But it is not enough to be a Permanent Resident for the right number of years. You must also be in "continuous residence" during that time. Your time as a Permanent Resident begins on the date you were granted permanent resident status. This date is on your Permanent Resident Card (formerly known as Alien Registration Card). The sample cards on this page show where you can find important information like the date your Permanent Residence began.
Continuous Residence "Continuous residence" means that you have not left the United States for a long period of time. If you leave the United States for too long, you may interrupt your "continuous residence". What if I was outside the United States for between 6 and 12 months? If you leave the United States for more than 6 months, but less than 1 year, you have broken or disrupted your "continuous residence" unless you can prove otherwise. Read the "Document Checklist" to find out what information you must give to USCIS to prove you did not break your "continuous residence". What if I was outside the United States for 1 year or longer? In almost all cases, if you leave the United States for 1 year or more, you have disrupted your "continuous residence." This is true even if you have a Re-entry Permit. If you leave the country for 1 year or longer, you may be eligible to re-enter as a Permanent Resident if you have a Re-entry Permit. But none of the time you were in the United States before you left the country counts toward your time in "continuous residence." Fortunately, if you return within 2 years, some of your time out of the country does count. In fact, the last 364 days of your time out of the country (1 year minus 1 day) counts toward meeting your "continuous residence" requirement. If you are applying based on 5 years as a Permanent Resident or 3 years as a Permanent Resident married to a U.S. citizen, you may file for naturalization up to 90 days before you meet the "continuous residence" requirement. For example, if you are applying based on 3 years of "continuous residence" as a Permanent Resident married to a U.S. citizen, you can apply any time after you have been a Permanent resident in continuous residence for 3 years minus 90 days. You may send your application before you have met the requirement for "continuous residence" only. Therefore, you must still have been married to and living with your U.S. citizen spouse for 3 years before you may file your application. You must also meet all the other eligibility requirements when you file your application with USCIS. There are a few small groups of applicants who do not have any "continuous residence" requirement (for example, members of the U.S. Armed Forces serving during designated periods of conflict). There are also a few small groups of people who can leave the country for over 1 year and not disrupt their "continuous residence." To maintain their "continuous residence" while out of the country, these people must file an "Application to Preserve Residence for Naturalization Purposes" (Form N-470). See the table at the beginning of this section for more information on who can use an N-470 and when they must file it. Physical Presence in the United States "Physical presence" means that you have actually been in the United States. Most applicants must be physically present in the United States for a certain number of months to be eligible for naturalization. What is the difference between "physical presence" and "continuous residence"? "Physical presence" concerns the total number of days you were outside the United States on all of your trips. "Continuous residence" concerns the number of days you were outside the United States during a single trip. Even if you never took a trip that was long enough to disrupt your "continuous residence," you may have taken so many short trips that you do not meet the "physical presence" requirement. "Continuous Residence" Example
Answer: On April 2, 2002, 4 years and 1 day after she returned to the United States. The last 364 days the applicant was out of the United States count toward her time as a Permanent Resident in "continuous residence," but the 3 years in the United States before leaving do not. When counting the total number of days you have been out of the country, include all trips you have taken outside the United States. This includes short trips and trips to Canada and Mexico. For example, if you go to Canada for a weekend, you must include that trip when you are counting how many days you have spent out of the country. Generally, partial days spent in the United States count as whole days spent in the United States. There are small groups of applicants who may count time abroad as time in the United States for the "physical presence" requirement. For example, any time spent in the U.S. Armed Forces counts as time in the United States even if you were stationed overseas. See the table at the beginning of this section for more information. Time as a Resident in District or State Most people must live in the district or state in which they are applying for at least 3 months before applying. A district is a geographical area defined by USCIS and served by one of the USCIS "District Offices." Local USCIS Offices Students may apply for naturalization either where they go to school or where their family lives (if they are still financially dependent on their parents). Effect of Removal Proceedings If you have been ordered removed, you are no longer eligible for naturalization. Your naturalization application also cannot be approved if a removal proceeding is pending against you. These restrictions apply to all naturalization applicants, except for those who are eligible for naturalization based on service in the Armed Forces. Important Information for Military Personnel If you are applying for naturalization based on your own service in the Armed Forces of the United States, you may be eligible to apply under special provisions provided for in the Immigration and Nationality Act. Good Moral Character To be eligible for naturalization you must be a person of good moral character. USCIS will make a determination on your moral character based upon the laws Congress has passed. The following section describes some of the things USCIS may consider. Criminal Record. Committing certain crimes may cause you to be ineligible for naturalization (USCIS calls these "bars" to naturalization). You cannot establish that you are a person of good moral character if you have been convicted of murder, at any time, or of any other aggravated felony, if you were convicted on or after November 29, 1990. Other offenses may be temporary bars to naturalization. Temporary bars prevent an applicant from qualifying for citizenship for a certain period of time after the offense. The "Application for Naturalization" (Form N-400) asks several questions about crimes. You should report all offenses that you have committed including any that have been expunged (removed from your record) and any that happened before your 18th birthday. If you do not tell USCIS about these offenses and we find out about them, you may be denied naturalization (even if the original offense was not a crime for which your case would have been denied). If you have been arrested or convicted of a crime, you must send a certified copy of the arrest report, court disposition, sentencing, and any other relevant documents, including any countervailing evidence concerning the circumstances of your arrest and/or conviction that you would like USCIS to consider. Note that unless a traffic incident was alcohol or drug related, you do not need to submit documentation for traffic fines and incidents that did not involve an actual arrest if the only penalty was a fine of less than $500 and/or points on your driver's license. Please note that if you have committed certain serious crimes, USCIS may decide to remove you from the United States. If you have questions, you may want to seek advice from an immigrant assistance organization or an immigration attorney before applying. Lying. If you do not tell the truth during your interview, USCIS will deny your application for lacking good moral character. If USCIS grants you naturalization and you are later found to have lied during your interview, your citizenship may be taken away. Examples of Things That Might Demonstrate a Lack of Good Moral Character
According to the law, applicants must demonstrate:
In addition to the standard questions/answers, we also have its expanded version that explains more details about each question. What if I cannot meet the English or civics requirements? Certain applicants, because of age or disability, have different English and civics requirements. Age - There are three important exemptions for testing based on age:
You must meet these requirements for age and time as a Permanent Resident at the time you file your application to qualify for an exemption. To qualify for one of these exceptions, your time as a Permanent Resident does not have to be continuous. You are eligible for the exemption as long as your total time residing in the United States (as a Permanent Resident) is at least 15 or 20 years. You may not count time when you were not a Permanent Resident. You must meet these requirements for age and time as a Permanent Resident at the time you file your application to qualify for an exemption. If you qualify for an exemption of English testing based on age and time as a Permanent Resident, an interpreter, who is proficient in English and the language of your choice, must accompany you to the interview. Disability - If you have a physical or developmental disability or a mental impairment so severe that it prevents you from acquiring or demonstrating the required knowledge of English and civics, you may be eligible for an exception to these requirements. To request an exception, you must file a "Medical Certification for Disability Exceptions" (Form N-648). If you believe you qualify, contact a licensed medical or osteopathic doctor or licensed clinical psychologist who will need to complete and sign your Form N-648. To apply for a disability exception, your disability:
If you qualify for a medical exception from the English and civics requirement, you must still be able to take the Oath of Allegiance to the United States. If you cannot communicate an understanding of the meaning of the Oath because of a physical or mental disability, USCIS may excuse you from this requirement. Disability Accommodations - Under section 504 of the Rehabilitation Act of 1973, USCIS provides accommodations or modifications for applicants with physical or mental impairments that make it difficult for them to complete the naturalization process. In order for USCIS to have enough advance notice to respond to accommodation requests, applicants are encouraged to state their needs on the place provided in the "Application for Naturalization" (Form N-400). USCIS will make every effort to make reasonable accommodations for applicants with disabilities who need modifications to the naturalization process in order to demonstrate their eligibility. For example, if you use a wheelchair, we will make sure you can be fingerprinted, interviewed, and sworn in at a location that is wheelchair accessible. If you are hearing impaired, the officer conducting your interview will speak loudly and slowly, or we will work with you to arrange for an American sign language interpreter. If you require an American sign language interpreter at the oath ceremony, please indicate that in your Form N-400 in the section where you are asked if you need an A Guide to Naturalization accommodation for a disability. If you use a service animal such as a guide dog, your animal may come with you to your interview and oath ceremony. USCIS is continuing to work on better ways to make the naturalization process easier for applicants with disabilities. If you know in advance that you will need some kind of accommodation, write a letter explaining what you will need and send it to the USCIS district office that will interview you after you receive your interview notice. How can I prepare for the tests? Many schools and community organizations help people prepare for their citizenship tests. You can find sample civics questions on this web site. Study materials are also on this web site, including a practice test of U.S. History and Government that you can take online. Attachment to the Constitution All applicants for naturalization must be willing to support and defend the United States and our Constitution. You declare your "attachment" to the United States and our Constitution when you take the Oath of Allegiance. In fact, it is not until you take the Oath of Allegiance that you actually become a U.S. citizen. What does the Oath require? When you take the oath, you must promise to do three things:
What else will USCIS consider about my promise to serve the United States? In addition to your promise to serve the United States when required, USCIS also considers the following three things when determining if you are truly willing to serve the United States:
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