Many people obtain U.S. citizenship through the process of naturalization. While naturalization is typically fairly straightforward, most applicants will benefit from the advice of an immigration attorney. Some eligibility criteria, and problem areas, are summarized below. This list is not exhaustive and it is recommended that you consult our attorneys if you have questions or concerns about your specific situation.

Eligibility Requirements

1. Must be a lawful permanent resident (LPR) of the United States.
2. Minimum age of 18 years. However, many children may become automatic citizens upon naturalization of their parents. See information regarding Child Citizenship Act above.
3. Five-years of continuous residence after becoming a lawful permanent resident. This time period may be reduced to three-years for individuals who obtain their lawful permanent residence based on marriage to a U.S. citizen. This three-year benefit may also be available for certain individuals who obtained their LPR status as a result of battery or extreme cruelty by a spouse or parent.
4. Physical presence in the United States for half of the five-year, or three-year, period preceding the filing of the Application for Naturalization.
5. Three months of physical presence in the State or U.S. Citizenship & Immigration Services (CIS) district where the application will be filed.
6. Must have resided continuously in the United States from the time the application is filed up to the time of admission for citizenship.
7. Must not be absent from the United States for a continuous period of one year. There are certain exceptions to this rule.
8. Good moral character throughout the preceding five-year, or three-year, period.
9. Acceptance of the principles of the U.S. Constitution.
10. Basic English language skills and understanding of United States history and civics.

 Bars to Naturalization

1. Advocacy for, affiliation with, or membership in any organization opposed to organized government (e.g. anarchists).
2. Membership or affiliation with the Communist Party or any other totalitarian party.
3. Advocacy or affiliation with any organization that sanctions the use of force or violence against the Government.
4. Desertion from U.S. military forces or claimed exemption from service due to alienage.
5. Commission of any aggravated felony and certain other crimes, even those that may be minor under State criminal laws.
6. Final removal or deportation orders; or current removal proceedings pending. This may be waived for active members of the U.S. military.

Applying for Naturalization

1. Prepare and file the application with the CIS office having jurisdiction over your place of residence. The application package should include:
a. Form N-400, Application for Naturalization;
b. Documentation establishing LPR status – usually a copy of your permanent resident card (“green card”);
c. Two recent passport-size photos, conforming to CIS requirements; and,
d. Appropriate filing fee.
2. Prepare for the examinations of U.S. history/civics and English. You may find study guides and sample tests at the United States Citizenship and Immigration Services website.

Soon after you have filed your application, the CIS will notify you of the date and time of your biometrics (fingerprint and digital photograph) appointment. They will also contact you within several months regarding the date, time and place of your naturalization interview. Following successful completion of the naturalization interview, you will be scheduled for a swearing in ceremony, at which time you will take the oath of citizenship, surrender your permanent resident card and receive your Certificate of Naturalization.