Citizenship

An individual can become a citizen of the United States in one of two ways: birth or naturalization. The primary method by which a majority of the population attains citizenship is through birth. An individual born within the territorial United States or to U.S. citizen parents outside of the United States is automatically a citizen. The second method by which one may become a citizen is through naturalization. Lawful permanent residents can become citizens of the United States through naturalization provided they meet the criteria discussed below.

Requirements For Naturalization

The following groups of individuals are eligible to apply for U.S. citizenship through naturalization:

  • Lawful permanent residents that have lived continuously in the United States for 5 years and are at least 18 years old;
  • Lawful permanent residents age 18 or older (that have been a lawful permanent resident for at least three years), married to and living with the same U.S. citizen for the past three years and their spouse has been a U.S. citizen for at least three years;
  • Certain individuals who are nationals of the United States and are at least 18 years old; and
  • Certain individuals who have served honorably in the U.S. Armed Forces.

A qualified individual must submit an N-400 Application for Naturalization and have lived in the state where their application is filed for at least 3 months. In addition to the N-400 Application for Naturalization, the applicant must demonstrate:

  • They have been lawfully admitted to the United States;
  • Physical presence in addition to continuous permanent residence;
  • Good moral character;
  • Attachment to the U.S. Constitution;
  • An ability to read, write, speak, and understand basic English; and
  • Knowledge of U.S. civics (history and government) through a civics test.

Once the lawful permanent resident has fulfilled all of the requirements for naturalization, they are invited to take part in a naturalization ceremony. At the naturalization ceremony, the prospective U.S. citizen must take an oath of allegiance to the United States.

"50/20" And "55/15" Exceptions

Exceptions to the English language requirement exist for applicants who, at the time of filing their N-400 Application for Naturalization, are of a certain age and have been a lawful permanent resident of the United States for a significant period of time. Specifically, individuals age 50 or older who have been a permanent resident for at least 20 years are exempt from the English language requirement and may be able to take the civics test in their native language. Similarly, individuals who are 55 years old and have resided in the United States as a lawful permanent resident for at least 15 years are eligible for the same accommodations. The United States Citizenship and Immigration Services (USCIS) will give special consideration regarding the civics requirement to lawful permanent residents age 65 or older that have lived in the U.S. for a minimum of 20 years.

Continuous Permanent Residence

A lawful permanent resident must be able to prove they have continuously resided in the United States for 5 years preceding their application for citizenship, or 3 years if married to and living with someone who has been a citizen for at least 3 years. Continuous residence means the individual has not left the U.S. for periods greater than 6 months. If the individual applying for citizenship has left the U.S. for more than 6 months they risk disrupting the continuity of their residence. An exception may apply if the foreign national can prove their absence from the U.S. for greater than 6 months, but less than one year, did not disrupt the continuity of their permanent residence. Evidence, such as the following, can be used to prove continuous residence for absences from the U.S. between 6 months and one year:

  • Maintenance of employment in the U.S. during the period of absence;
  • Immediate family members remained in the United States;
  • The lawful permanent resident retained full access to their United States residence; and/or
  • The lawful permanent resident did not obtain employment abroad.

For absences from the U.S. greater than one year, the applicant's continuous residence is presumed to be disrupted and there is no evidence that can rebut this presumption. However, upon returning from abroad, the applicant may apply for naturalization 4 years and one day after returning to the U.S. (if their continuous residence requirement is 5 years) or 2 years and one day after returning to the U.S. (if their continuous residence requirement is 3 years).

Physical Presence

Physical presence requires that the lawful permanent resident actually be located in the United States for approximately half of the time required for their continuous residence requirement. Thus, if a lawful permanent has a 5 year continuous residence requirement, they must be physically present in the United States for periods totaling approximately two and a half years. Likewise, if the lawful permanent resident's continuous residence requirement is 3 years, they must be have actually been in the United States for periods equal to one and a half years.