The final step in many immigration journeys is achieving U.S. citizenship. The journey to citizenship can vary, from years spent in nonimmigrant or undocumented status, progressing through permanent residency (green card), to the final step of naturalization.
However, some individuals are citizens from birth. This guide primarily focuses on the naturalization process, while also providing resources for proving citizenship at birth.
Children under the age of 18 who are permanently residing in the United States and otherwise meet the residency tests applicable to adults automatically become U.S. citizens when their parents take the Oath of Citizenship. The child must file an N-600 Certificate of Citizenship Application or a U.S. passport application in order to have proof of citizenship.
Why pursue US citizenship?
While green card holders enjoy many of the same rights as U.S. citizens, significant advantages exist for those who naturalize. Many permanent residents ask “Why should I become a citizen?”.
Here are the key benefits of U.S. citizenship:
Voting Rights and Civic Participation: U.S. citizens can vote in local, state, and federal elections, directly influencing government policies.
U.S. Passport and International Travel: Enjoy visa-free travel to numerous countries with a U.S. passport.
Guaranteed Residency and Protection from Deportation: U.S. citizenship provides permanent residency and protection against deportation, even in cases of criminal conviction (with rare exceptions). To secure lifelong residency in the United States, naturalization is essential. Permanent residents can lose their green cards through prolonged stays abroad. Moreover, a criminal conviction, even for a minor offense, can lead to deportation for permanent residents. However, U.S. citizens are generally protected from deportation, even if they commit crimes.
Access to Government Benefits: Ensure full access to federal and state benefits, which may be restricted for green card holders.
Family Immigration and Sponsorship: Citizenship provides significant advantages in family immigration. U.S. citizens receive priority in sponsoring family members for immigration to the U.S., including spouses, children, parents, and siblings. U.S. citizens over 21 can immediately sponsor spouses, parents and minor children without immediate visa backlogs. While adult children and siblings of US citizens face wait times, these are far shorter than those for green card holders, who cannot sponsor parents or siblings at all.
Federal Employment Opportunities: Many federal jobs, especially in sensitive sectors like defense and energy, require U.S. citizenship.
Jury Duty: Fulfill your civic duty by participating in the U.S. justice system.
Eligibility for Public Office: U.S. citizenship is a requirement for holding many elected positions.
Federal Grants: Increased eligibility for federal grant programs.
Political Contributions: Green card holders living in the U.S. can donate to political campaigns, but the legality of donations from those residing abroad, even temporarily, is unclear.
Key Naturalization Eligibility Categories
The naturalization process involves meeting specific eligibility requirements.
Most applicants fall into these primary categories:
The US citizen spouse must also have been a citizen for at least three years.
Spouse of US Citizen Employed Abroad (INA §319(b)):
This category applies to green card holders whose US citizen spouse is employed overseas in specific qualifying jobs.
This is for people who live outside of the US due to their spouses employment.
Less Common Naturalization Paths:
US military service during times of hostility.
Service as a translator or healthcare professional through programs like MAVNI (when active).
How to apply for US citizenship? The Naturalization Process
To begin your US citizenship application, you’ll need to understand the specific requirements for your eligibility category. The naturalization process typically involves:
Passing the US citizenship test (civics and English).
Attending an interview with USCIS.
What is the earliest I can apply for US citizenship?
You can apply for US citizenship (naturalization) 90 days before meeting the required continued presence of 5 years (general requirement) or 3 years (if you are married to a US citizen). To qualify for early filing, you must meet all other eligibility criteria when you file your form N-400.
To determine your 90-day early filing date, begin by identifying your 5-year or 3-year date as a lawful permanent resident by checking the “Resident Since” date on your Permanent Resident Card.
If you meet all other citizenship requirements, you can submit your naturalization application up to 90 days before your 5th (or 3rd, if married to a US citizen) anniversary as a lawful permanent resident, calculated from the ‘Resident Since’ date on your Green Card.
This section outlines the standard requirements for individuals seeking US citizenship after holding a green card for five years. To qualify under INA 316, you must meet the following:
Age: Must be 18 years or older at the time of filing Form N-400 (Application for Naturalization).
Lawful Permanent Resident (LPR) Status: Must hold a valid green card at the time of application and throughout the naturalization process, with at least five years of LPR status. The earliest you can file for citizenship is 90 days before your 5-year anniversary as a lawful permanent resident, calculated from the ‘Resident Since’ date on your Green Card. To learn more, visit How to Get a Green Card in USA without Marriage.
Continuous Residence: Must maintain continuous residence in the US for at least five years prior to filing Form N-400.
Physical Presence: Must have been physically present in the US for at least 30 months within the five-year period immediately preceding the filing of N-400.
State/USCIS District Residency: Must have resided in the state or USCIS district where you are applying for citizenship at least three months prior to filing the N-400.
Good Moral Character: Must demonstrate good moral character for the five years prior to application.
Attachment to US Constitution: Must demonstrate allegiance to the principles of the US Constitution.
English Language Proficiency: Must demonstrate the ability to read, write, and speak English during the citizenship test.
US Civics Knowledge: Must demonstrate knowledge of US history and government.
Age: Must be 18 years or older at the time of filing Form N-400.
Lawful Permanent Resident (LPR) Status: Must hold a valid green card at the time of application and throughout the naturalization process, with at least three years of LPR status. The earliest you can file for citizenship is 90 days before your 3-year anniversary as a lawful permanent resident, calculated from the ‘Resident Since’ date on your Green Card. Time spent as a conditional permanent resident (CR) counts towards the required residency period for US citizenship eligibility. However, you cannot be approved for naturalization (Form N-400) until the conditions on your residency are removed via Form I-751 (Petition to Remove Conditions on Residence). To lean more, contact our spouse visa lawyer, family based green card or K1 visa lawyer. If you want to work while pending a marriage based green card, visit Can I Work While Pending a Marriage-Based Green Card.
Marital Union: Must have lived in marital union with their US citizen spouse for the three-year period. You must continue to be married and living with your US citizen spouse until you become a US citizen.
Spouse’s US Citizenship: The spouse must have been a US citizen for the entire three-year period.
Continuous Residence: Must maintain continuous residence in the US for at least three years prior to filing Form N-400.
Physical Presence: Must have been physically present in the US for at least 18 months within the three-year period immediately prior to filing N-400.
State/USCIS District Residency: Must have resided in the state or USCIS district where you are applying for citizenship at least three months prior to filing the N-400.
Good Moral Character: Must demonstrate good moral character for the three years prior to application.
Attachment to US Constitution: Must demonstrate allegiance to the principles of the US Constitution.
English Language Proficiency: Must demonstrate the ability to read, write, and speak English during the citizenship test.
US Civics Knowledge: Must demonstrate knowledge of US history and government.
Naturalization for Spouses of US Citizens Employed Abroad
This section allows spouses of US citizens working abroad in specific roles to apply for US citizenship. To qualify under INA 319(b), applicants must meet the following:
Age: Must be 18 years or older at the time of filing Form N-400 (Application for Naturalization).
Lawful Permanent Resident (LPR) Status: Must hold a valid green card (LPR status) at the time of application and throughout the naturalization process.
Spouse’s US Citizenship: The spouse must be a US citizen at the time of application and throughout the naturalization process.
Spouse’s Qualifying Employment Abroad: The US citizen spouse must be regularly stationed abroad in one of the following employment categories:
US government employment.
Employment with an American research institution recognized by the Attorney General.
Employment with an American firm or corporation involved in foreign trade, or its subsidiary.
Employment with a public international organization where the US participates via treaty or statute.
Authorization to perform ministerial or priestly functions for a US-based religious denomination.
Missionary work for a US-based religious denomination or interdenominational mission organization.
Physical Presence in the US at Naturalization: The applicant must be physically present in the US at the time of their naturalization ceremony.
Intent to Reside in the US: The applicant must declare a good-faith intention to reside in the US immediately upon the termination of the US citizen spouse’s overseas employment.
Good Moral Character: Must demonstrate good moral character prior to filing Form N-400 and throughout the naturalization process.
Attachment to US Constitution: Must demonstrate allegiance to the principles of the US Constitution.
English Language Proficiency: Must demonstrate the ability to read, write, and speak English during the citizenship test.
Does US allow dual citizenship
Yes, US allows dual citizenship, meaning that US citizens can also be citizens of other countries. In other words, U.S. citizens can obtain passports from other countries without giving up their U.S. citizenship.
US citizenship test questions
The U.S. citizenship test, formally known as the naturalization test, is a crucial part of the process for immigrants seeking U.S. citizenship. It assesses an applicant’s knowledge of U.S. civics, which includes U.S. history and government.
Here’s a breakdown of key aspects:
Civics Test:
This is an oral test.
USCIS (U.S. Citizenship and Immigration Services) officers ask applicants up to 10 questions from a list of 100 civics questions. USCIS provides a citizenship study guide with all 100 civics questions and their answers. Some answers, particularly those related to current officials, may change due to elections or appointments.
Applicants must answer at least 6 out of 10 questions correctly to pass.
The questions cover topics like Principles of American Democracy, System of Government, Rights and Responsibilities, American History, Symbols and Holidays
English Test:
This test assesses the applicant’s ability to read, write, and speak English.
Speaking ability is evaluated throughout the naturalization interview.
Reading and writing components involve reading and writing simple sentences in English.
Questions About Your N-400 Application:
The USCIS officer will review your Form N-400, Application for Naturalization, with you.
They will ask you questions to verify the information you provided and to ensure that there have been no changes since you submitted the application.
Your personal information (name, date of birth, etc.)
Your immigration history
Your residential and employment history
Your marital history
Your criminal history (if any)
Your travel history
Questions regarding your moral character.
US citizenship cost
Application for US Citizenship
Form N-400
General Filing $760 (Paper)
General Filing $720 (Online)
Reduced Rate $380 if your annual household income is not more than 400 percent of the Federal Poverty Guidelines and you submit supporting documentation with your application.
To determine your eligibility for US citizenship carefully review these requirements and consult with our experienced US citizenship lawyer. If you’re ready to apply for US citizenship and need personalized assistance, contact our experienced immigration attorney.
We serve companies and individuals across all 50 states, the District of Columbia and Puerto Rico.
Anda Malescu is a US immigration lawyer and Florida Bar Board Certified Expert in International Law. A member of the elite category of Florida Bar lawyers recognized for her exceptional knowledge, skill and professionalism, she advises US and international clients, including investors and entrepreneurs, on business immigration and corporate law matters. She holds a JD degree from University of Miami School of Law and a Master's degree in Economics and Business from Erasmus University Rotterdam in the Netherlands. She is a member of the Florida Bar.
