What are the Eligibility Requirements for Becoming a U.S. Citizen through Naturalization?

Welcome to this part of your journey towards becoming a U.S. citizen! If you're reading this post it might be because you're curious about the requirements for naturalizing and whether you are eligible to take the next step towards U.S. citizenship. Or maybe you have a friend or family member that has talked about naturalizing and you want to learn more about the process. Regardless of why you're here, naturalization is the process by which a greencard holder (or Legal Permanent Resident ("LPR"), applies for and obtains U.S. citizenship. Among the many benefits of becoming a U.S. citizen, one of the most valuable for green card holders is that they are no longer confined to the various limitations that come with LPR status.

This means that upon receiving your naturalization certificate, you can vote in U.S. elections, avoid losing your residency status, avoid deportation, provide a faster immigration route for family members and so much more. The path towards citizenship certainly looks different for each person due to their individual circumstances; however, at a minimum every applicant for naturalization must meet certain eligibility requirements. Currently, there are several paths towards naturalization, but for the purposes of this post, we will focus on the two most popular: standard eligibility under INA § 316(a) and eligibility as a spouse of a U.S. citizen under INA § 319(a). The major difference between the two is the period of time you must hold LPR status before you become eligible to naturalize.

In order to qualify for naturalization under the standard eligibility requirements, you must be able to show the following:

You have been a Legal Permanent Resident for 5 years (at least 4 years and 9 months);
You had Continuous Permanent Residence in the United States during the required 5-year period;
You have been physically present in the United States for at least 50% of the time (30 months) during the required 5-year period;
You have resided in your current State or USCIS District for at least 3 months;
You meet the English Language Requirement or are eligible for an exemption;
You are able to pass the Civics Examination; and
You have had Good Moral Character during the required 5-year period

When we talk about Continuous Permanent Residence and Physical Presence, the government is mostly concerned with whether you've caused a break in your LPR status by spending 6 months or more outside the United States or abandoned your LPR status by spending 1 year or more outside the United States. Under the former, if you've caused a break in status, the 5 year clock will start over when you return to the U.S., whereas if it is determined that you've abandoned your status, you will need to begin the greencard process from scratch. If you have held LPR status for at least 4 years and 9 months, under the standard eligibility process you will be able to take the next step towards naturalization.

When it comes to naturalizing via your U.S. citizen spouse, there are several additional requirements; however, you do have the benefit of seeking naturalization sooner by the nature of your relationship. In order to qualify for naturalization through your marriage to a U.S. citizen, you must be able to show the following:

You have been a Legal Permanent Resident for 3 years (at least 2 years and 9 months);
You are married to your U.S. citizen spouse and living together with them during the entire required 3-year period (OR you obtained U.S. Permanent Resident status or had condition removed from your Permanent Resident status as a spouse or child of a U.S. citizen who battered you or subjected you to extreme cruelty (see further discussion of VAWA));
Your spouse has been a U.S. citizen during the entire required 3-year period;
You had Continuous Permanent Residence in the United States during the required 3-year period;
You have been physically present in the United States for at least 50% of the time (18 months) during the required 3-year period;
You have resided in your current State or USCIS District for at least 3 months;
You meet the English Language Requirement or are eligible for an exemption;
You are able to pass the Civics Examination; and
You have had Good Moral Character during the required 3-year period

If you have any questions about the naturalization process or you are interested in seeking a consultation to learn more about whether you qualify, please do not hesitate to give us a call or schedule a consultation using the button at the top of our website. Our experienced immigration attorneys are here to assist you in taking the next exciting step in your journey.

Disclaimer: This blog post and similar posts are not to be considered as providing legal advice. The discussion here is meant for educational and informational purposes only and shall not create an attorney-client relationship with the readers of this content.