Naturalization

Naturalization is the process by which a Legal Permanent Resident (“LPR”) becomes a citizen of the United States.  The process entails the filing of a Form N-400 Application for Naturalization, providing biometrics, attending a naturalization interview with U.S. Citizenship and Immigration Services (“USCIS”), passing an English language and U.S. history/government exam that is conducted during the interview, and taking an oath of citizenship.

Most LPRs are eligible to apply for naturalization after five years of being an LPR.  Foreign nationals who have obtained permanent residence by marriage to a U.S. Citizen may apply for naturalization after three years as a permanent resident.  (Naturalization applicants may apply three months in advance of their fifth or third anniversary of becoming an LPR.)

The eligibility requirements for naturalization include:

• Must be an LPR for five years (or three years if obtained permanent residence through marriage to a U.S. Citizen).
• Must be over 18 years old.
• Must normally be a resident continuously for the five (or three) years subsequent to becoming an LPR.
• Must have resided for at least three months within the state in which the naturalization application is filed.
• Must be physically present in the U.S. for at least half of the five- (or three-) year period preceding the application for naturalization.
• Must have resided continuously within the U.S. from the date the naturalization application is filed up until the time of admission to citizenship.
• Must not be absent from the U.S. for a continuous period of more than one year during the period for which continuous residence is required.
• Must be a person of good moral character for the requisite five (or three) years prior to filing the naturalization application and up until the time of admission to citizenship. This requirement relates to crimes committed, meeting tax obligations, etc.
• Must demonstrate an elementary level reading, writing, and understanding of the English language and a knowledge and understanding of the fundamentals of history and government of the U.S.

INA §319(b): Waiver of Naturalization Residency Requirements

Naturalization applicants whose U.S. Citizen spouse is employed abroad by the U.S. Government, an American institution of research, an American firm or corporation engaged in the development of foreign trade and commerce, or a public international organization in which the U.S. participates by treaty or statute, or is authorized to perform ministerial or priestly functions of a religious denomination having a bona fide organization within the U.S. or who is engaged as a missionary abroad may naturalize without the need to comply with the residency requirement (3/5 years in the U.S. since obtaining LPR and 3 months in the jurisdiction where naturalization application is filed).