Path to U.S. Citizenship: Are You Eligible to Apply?

By: Priscila Janjua

For many lawful permanent residents (green card holders), becoming a U.S. citizen is one of the most important and final steps in their immigration journey. A green card holder becomes a U.S. citizen through the legal process of naturalization. Naturalization provides greater stability, expanded opportunities, and the peace of mind that comes with citizenship, as well as the ability to fully participate in American civic life.

If you or someone you know has been wondering whether now is the right time to apply, you are not alone. Many green card holders delay the process because they are unsure about the eligibility rules, the citizenship test, or whether past travel or criminal history could affect their case.

If you are a lawful permanent resident (green card holder), you may already be eligible to apply for citizenship. But the process can feel overwhelming if you are not familiar with the requirements or what to expect.

What Is Naturalization?

Naturalization is the legal process through which a lawful permanent resident becomes a U.S. citizen. In most cases, this means filing Form N-400, Application for Naturalization, attending a biometrics appointment, completing an interview, passing the English and civics requirements unless an exception applies, and taking the Oath of Allegiance. USCIS describes naturalization as the process by which U.S. citizenship is granted to a lawful permanent resident who meets the legal requirements.

U.S. citizenship provides important benefits, including:

• The right to vote in federal elections
• Eligibility for certain government jobs
• The ability to travel internationally with a U.S. passport
• The ability to petition for certain family members to immigrate
• Protection from losing status due to extended travel abroad

For many immigrants, citizenship also represents a powerful sense of belonging and security after years of living and working in the United States. At the same time, because becoming a U.S. citizen can affect the applicant’s relationship with their country of origin, it is often an important personal decision that deserves careful thought. In some cases, applicants may lose their original citizenship depending on the laws of their home country. For that reason, speaking with an experienced immigration attorney before filing can be an important step in understanding the various options, evaluating any potential consequences, and moving forward with greater confidence and peace of mind.

Basic Eligibility Requirements for Naturalization

Most applicants qualify for naturalization after holding lawful permanent resident status for at least five (5) years. Some may qualify after three (3) years if they are married to and living with a U.S. citizen and meet the additional requirements. In addition, many applicants must:

• Be at least 18 years old
• Be a lawful permanent resident (green card holder)
• Have held permanent residence for at least 5 years, or 3 years if married to a U.S. citizen
• Maintain continuous residence in the United States
• Be physically present in the U.S. for at least 30 months out of the last 5 years (or 18 months if applying through marriage to a U.S. citizen)
• Live in the state where you apply for at least 3 months
• Demonstrate the ability to read, write, and speak basic English
• Pass a civics test on U.S. history and government
• Show good moral character
• Be willing to take the Oath of Allegiance

Some applicants may qualify for exceptions or accommodations, particularly based on age, long-term residency, or certain medical disabilities.

Why Continuous Residence and Physical Presence Matter

Two of the most common trouble spots in a citizenship application are travel history and long absences from the United States. USCIS distinguishes between continuous residence and physical presence, and both matter. Continuous residence generally looks at whether an applicant maintained a real residence in the United States during the required period, while physical presence measures how much time the applicant was actually inside the country. USCIS states that applicants under the general five-year rule must reside continuously in the United States for at least five years before filing and up to naturalization, and must also satisfy the physical presence requirement.

The “Good Moral Character” Requirement

Good moral character is one of the most important naturalization requirements, and it is often more complicated than people expect. USCIS says applicants must show that they have been and continue to be a person of good moral character during the relevant statutory period. For many applicants, that period is the five years before filing, though USCIS can review conduct outside that period in some situations.

Certain conduct may prevent a person from establishing good moral character. Examples may include:

• Certain criminal convictions, including aggravated felonies
• Drug-related offenses
• Participation in illegal gambling activities
• Failing to support dependents
• Immigration fraud or false claims to U.S. citizenship

USCIS may also consider conduct that occurred outside the five-year period when evaluating an applicant’s character. Because this area is highly fact-specific, an applicant wondering whether a criminal record could affect their citizenship application, or whether they meet the good moral character requirement for naturalization, should strongly consider speaking with an experienced immigration lawyer before filing.

What Happens During the Naturalization Process?

The naturalization process starts with filing Form N-400 with USCIS. After filing, USCIS may schedule a biometrics appointment, then a naturalization interview where an officer reviews the application and tests eligibility. If the case is approved, the applicant is scheduled for the oath ceremony and becomes a U.S. citizen after taking the Oath of Allegiance.

1. Filing Form N-400

The process begins by submitting Form N-400 (Application for Naturalization) and supporting documents. This application includes personal information such as address history, travel outside the United States, family information, and employment history.

2. Biometrics Appointment

After submitting the application, USCIS may schedule a biometrics appointment. During this appointment, officials will collect fingerprints, photographs, and signatures to run background checks.

3. The Naturalization Interview

Next, the applicant will attend an interview with a USCIS officer. During this interview, the officer will review the application and ask questions about eligibility. This is also when most applicants complete the English and civics tests.

4. The Civics and English Tests

The civics test evaluates the applicants’ knowledge of U.S. government and history, while the English test measures their ability to speak, read, and write basic English. During the interview, the civics test is given orally. Applicants are asked 20 questions from a list of 128 possible questions and must answer at least 12 correctly to pass.

Applicants are given two chances to meet the English and civics requirements. If an applicant does not pass part of the test on the first attempt, USCIS will schedule a second interview, usually within 60 to 90 days, to retest only the portion that was not passed.

5. Receive Decision from USCIS

After the naturalization interview, USCIS will send a notice with its decision. USCIS may grant the application if the evidence shows that the applicant is eligible for naturalization, continue the application if additional evidence or documentation is needed or if the applicant did not pass the English and/or civics test on the first attempt, or deny the application if the evidence shows that the applicant is not eligible for naturalization.

6. The Oath Ceremony

If the application is approved, the final step is the naturalization ceremony. At the ceremony, the applicant will take the Oath of Allegiance and officially become a U.S. citizen. The applicant will generally be required to return their Permanent Resident Card to USCIS when they check in for their naturalization ceremony. At the oath ceremony, the applicant will receive a Certificate of Naturalization. This document serves as proof of their U.S. citizenship and can be used to apply for their first U.S. passport.

Conclusion

Becoming a U.S. citizen is often the final step in a long immigration journey. Because immigration laws continue to evolve, having an experienced immigration attorney by your side can help ensure a smoother path to citizenship. If you or someone you know would like guidance through the naturalization process, contact our office today to speak with SW&L’s immigration attorneys at 701-297-2890 or email us at [email protected] and take the next step toward becoming a U.S. citizen.

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