Naturalization is the process by which a lawful permanent resident becomes a US citizen. You file Form N-400 with USCIS after five years as a permanent resident, or three if you have been married to and living with a US citizen, then attend an interview, pass the English and civics test unless exempt, and take the Oath of Allegiance.
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| Form | N-400, Application for Naturalization, filed with USCIS |
|---|---|
| Who can file | Permanent residents after five years, or three years if married to and living with a US citizen |
| Earliest filing | Ninety days before the five-year or three-year anniversary |
| English and civics | Required, with exemptions for age and long residence, and a medical exception |
| Attorney fee | A flat fee for the whole matter, agreed in writing before work begins |
| Government fees | Set by USCIS and paid separately, directly to the government |
Who can apply for naturalization?
You can apply for naturalization if you are at least 18 and have been a lawful permanent resident for five years. The period is three years if you have been married to and living with the same US citizen for that time. You also have to meet the other naturalization requirements: residence, physical presence, good moral character, English and civics.
The five-year rule comes from INA § 316 and covers most applicants. The three-year rule comes from INA § 319(a). It requires that your spouse has been a US citizen for the whole three years. The two of you must also have lived together in marital union throughout. A separation, even an informal one, can end eligibility under the three-year rule while leaving the five-year rule available later.
Other provisions cover members of the US armed forces and certain spouses of US citizens employed abroad. If your green card came through a recent marriage, the marriage green card page explains how conditional residence works. Time as a conditional resident counts toward naturalization. Even so, conditional residents still have to file Form I-751 on time, and our guide to removing conditions on residence covers that step.
People who became citizens automatically through a parent do not naturalize at all; they document a citizenship they already hold. The citizenship and naturalization overview explains the difference between the two routes.
When can you file Form N-400?
You can file Form N-400 up to ninety days before the fifth anniversary of the residence date on your green card. Under the marriage rule, it is the third anniversary. Filing earlier leads to a denial, and USCIS does not refund the filing fee.
The date is only the first test when you apply for naturalization. USCIS then looks back from the filing date at three separate requirements, and you have to meet all three.
- Continuous residence You have kept your home in the United States throughout the period. A single trip of more than six months but less than a year creates a presumption that you broke residence. You can rebut it with evidence such as a kept job, a kept home and filed tax returns. A trip of a year or more breaks residence.
- Physical presence You have spent at least half the period physically inside the United States. That is thirty months out of five years, or eighteen out of three. Many short trips can add up to a problem even when no single trip is long.
- Three months local residence You have lived for three months or more in the state or USCIS district where you file.
Some people must work abroad for a US employer, the US government or certain international organizations. They can preserve continuous residence in advance on Form N-470. It does not preserve physical presence, and USCIS has to approve it before the absence becomes a problem.
What does USCIS mean by good moral character?
Good moral character means your conduct meets the standard set by INA § 101(f) and the USCIS regulations during the qualifying period. That period is usually the five or three years before filing, plus the time until the oath. The officer can also consider conduct from before that period when it bears on your present character.
The law describes three kinds of problems. Some bars are permanent: a conviction for murder, or for an aggravated felony on or after November 29, 1990. Other bars apply only if the conduct falls inside the qualifying period. Examples include certain controlled substance offenses, 180 days or more in jail after a conviction, habitual drunkenness, or false testimony given to obtain an immigration benefit. A third category covers other unlawful acts that reflect on character even though no specific bar names them.
Everyday matters count too. Unfiled tax returns and unpaid court-ordered child support can come up when you apply for naturalization. Voting or registering to vote in a US election as a noncitizen, or a false claim to US citizenship, can too. The same goes for men who lived here between 18 and 26 and knowingly failed to register with the Selective Service.
The N-400 asks whether you have ever been arrested, cited or detained, anywhere in the world. That includes cases that ended in dismissal, sealing or expungement. An answer that leaves one out can do more damage than the arrest itself.
What documents do you need to apply for naturalization?
Every naturalization application needs a copy of your permanent resident card, and most need more depending on your history. USCIS expects you to bring originals to the interview.
- Travel history Every trip outside the United States during the qualifying period, with dates. Passports and entry records help reconstruct it.
- Marriage evidence Under the three-year rule, bring the marriage certificate and proof of your spouse’s citizenship and when it began. Add proof of any earlier divorces and evidence that you live together.
- Court records Certified dispositions for every arrest or citation, including cases that were dismissed or expunged.
- Tax records IRS tax transcripts for the qualifying period, and any payment plan if you owe back taxes.
- Child support Proof of payments if a court has ordered you to support a child.
- Form N-648 If you are asking for a medical exception to the English or civics requirement.
What happens at the naturalization interview?
At the naturalization interview, a USCIS officer places you under oath and goes through your N-400 answers with you. The officer also gives you the English and civics test. Most interviews are short and routine. The ones that are not usually turn on travel, criminal history or the original green card.
- Filing and receipt You submit the N-400 application online or by mail. USCIS sends a receipt notice confirming the filing date.
- Biometrics You give fingerprints and a photograph at an Application Support Center for the background checks.
- Interview and test The officer reviews your application and asks about any changes since filing. Unless an exemption applies, the officer then tests your English and civics. Your attorney can sit in.
- Result You leave with Form N-652. It records whether the officer granted the case, continued it for more evidence or a retest, or denied it.
If you fail part of the test, USCIS schedules a second opportunity, generally 60 to 90 days later, and retests only that part. The citizenship test help page covers the test, the 50/20 and 55/15 exemptions and the N-648 medical exception.
What happens if USCIS denies your N-400?
If USCIS denies your N-400, you can file Form N-336 within 30 days of the decision. That asks for a hearing before a different USCIS officer. If that officer also denies it, INA § 310(c) allows you to seek review in federal district court.
Refiling is often the better route when the denial was about timing, such as filing too early or a long trip. In that case, it usually makes more sense to apply for naturalization again once the problem has passed. Appealing a decision that was correct on the facts rarely helps.
A denial for failing the test or for a timing issue does not affect your permanent residence. A denial that finds you removable is different: USCIS can issue a Notice to Appear, and the case then moves to immigration court. That outcome is uncommon, and an attorney who reviews the file before filing can usually see whether the risk exists.
What happens at the oath ceremony?
You become a US citizen at the moment you take the Oath of Allegiance, not when USCIS approves the application. Some field offices give the oath on the day of the interview; others schedule a ceremony and send a notice on Form N-445.
At check-in, you answer a short questionnaire on the back of the N-445 about anything that has changed since the interview, such as travel or an arrest. You also hand back your green card. After the oath you receive your Certificate of Naturalization. You can then apply for a US passport and register to vote.
Your permanent-resident children under 18 who live with you may become citizens at the same moment. The Certificate of Citizenship page explains how they prove it.
What does a naturalization application cost?
This firm quotes a naturalization application as a flat fee for the whole matter, agreed in writing before any work begins. It does not change because USCIS takes longer than expected. USCIS sets the N-400 filing fee, and you pay it separately, directly to the government. USCIS also offers a reduced fee or a fee waiver to some applicants based on household income.
The first consultation is free and takes about thirty minutes, in person or by phone or video. See fees and consultations for how we set the flat fee.