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Eligibility Requirements for Naturalizing as a U.S. Citizen

If you weren’t born in the United States and you didn’t become a U.S. citizen through your parents when you were a child, you can become a U.S. citizen (“naturalize”) as an adult, by meeting certain requirements and passing certain tests. This article will discuss the requirements for U.S. citizenship that apply generally, and point you to some other articles that discuss useful exceptions to some of the rules.

You Must Be Over 18

At the time you apply for U.S. citizenship, you must be age 18 or older. There are no exceptions to this rule.

You Must Be a Permanent Resident of the United States

You must be a U.S. lawful permanent resident (LPR) before you can get U.S. citizenship. This means someone who holds a green card.

There are exceptions for people who are “nationals” of the United States seeking to become U.S. citizens, and certain members of the U.S. armed forces with service under specified conditions. (See U.S. Citizenship for Wartime Military Servicepeople.)

If you were given a two-year “conditional” permanent residence, you can’t get U.S. citizenship until you have successfully applied to lift the condition and make your permanent residence truly permanent.

You Must Have a Certain Amount of Continuous Residence in the U.S.

Under the rule that applies to most applicants, you must have continually resided (lived) in the U.S. as an LPR for at least five years immediately before you file your citizenship application and up to the time of your oath ceremony. (See Residency Requirements for Naturalization.)

The rule is three years for people who are married to and living with a U.S. citizen. (See Marriage and U.S. Citizenship.)

Now, for some exceptions: There is no continuous residence requirement for certain employees of media organizations working abroad (see Continuous Residence and Physical Presence Naturalization Exemptions for Employees of U.S. Media Organizations Working Outside U.S.), certain members of the military (see U.S. Citizenship for Peacetime Military Servicepeople), certain spouses of members of the military (see U.S. Citizenship for Spouses of Military Servicepeople), and certain spouses, children, and parents of deceased members of the military (see U.S. Citizenship for Spouses, Children, and Parents of Deceased Military Servicepeople).

You Must Have a Certain Amount of Physical Presence in the United States

Under the rule applicable to most applicants, you must be physically present in the United States for at least 30 months out of the five years of continuous residence immediately before filing your application for citizenship.

The rule is 15 months out of three years for people who are married to and living with a U.S. citizen.

Various exceptions apply to this rule, too. There is no physical presence requirement for certain employees and contractors of the U.S. government who work overseas (see Continuous Residence and Physical Presence Naturalization Requirements for U.S. Government Employees Working Outside U.S.), certain employees of media organizations working abroad, certain members of the military, certain spouses of members of the military, and certain spouses, children, and parents of deceased members of the military.

You Must Live for a Certain Period of Time in the State or USCIS Service District Where You Apply

Before applying for naturalized U.S. citizenship, you must have lived within the state or U.S. Citizenship and Immigration Services (USCIS) district that services your place of residence for at least three months.

Students can apply in their parents’ state or district if they are financially dependent upon their parents at the time of filing and during the naturalization process.

The three-month rule does not apply to the following groups: U.S. government employees and contractors who work overseas, certain employees of media organizations working abroad, certain members of the military, certain spouses of members of the military, and certain spouses, children, and parents of deceased members of the military.

You Must Have Good Moral Character

You must show USCIS that you have good moral character. (See Good Moral Character Needed for Naturalized U.S. Citizenship.)

There are no exceptions to this rule. USCIS looks mostly at your character during the five years before you apply through the time you take the citizenship oath, but things that happened before then can reflect on your moral character permanently. USCIS will look primarily at your character for three years before you apply if you’re applying on the basis of being married to a U.S. citizen.

Certain crimes can prevent you from ever establishing good moral character. (See Crimes That Permanently Block Eligibility for U.S. Citizenship.)

You Must Support the U.S. Constitution

You must support the principles of the U.S. Constitution and be “well disposed to the good order and happiness of the United States.” There is no exception to this rule.

You Must Know English and U.S. Civics

You must be able to understand, speak, read, and write English and have knowledge and an understanding of U.S. history and government (civics). You will be tested on these subjects during your citizenship interview with a USCIS official.

Some people do not have to take English tests because of their age and length of permanent residency. (See Age-Based Exceptions to Citizenship Interview Exam Requirements.)

Other people are excused from English and civics testing at the interview based on a mental disability or impairment. (See How to Apply for a Disability Exemption From U.S. Citizenship Interview Test Requirements.)

From Lawyers  By Richard Link, Attorney

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