Naturalization

Naturalization is a process of becoming a U.S. Citizen

'Citizenship' & 'Naturalization' are different processes. Citizenship is the process of applying for evidence of status acquired by birth abroad to a U.S. Citizen parent. Naturalization is the process of becoming a citizen through acceptance. Please click below to link to the Citizenship Page to read about children of U.S. citizen parents born abroad.

Benefits of naturalization

Naturalization is key to civic participation.
U.S. citizens gain civic responsibilities and have the power to make a difference in their community.
Citizenship increases employment opportunities.
U.S. citizens have the right to vote.
U.S. citizens can obtain a U.S. passport and therefore travel with more conveniences.
As a U.S. citizen, you no longer have to calculate days spent abroad and worry about unintentionally abandoning your status.
U.S. citizens may petition for some family members to become legal residents.

naturalization requirements

General Requirements

Be at least 18 years of age
Have the ability to read, write, and speak basic English
Have basic knowledge and understanding of U.S. history and government
Be attached to the principles of the U.S. Constitution and willing to take the Oath of Allegiance
Be well disposed to the good order and happiness of the United States during all relevant periods under the law
Have been a legal permanent resident for at least 5 years immediately prior to filing for naturalization

Civics Test Update:

General Requirements

KLF will provide a civics exam study guide.
The 2008 test version was reinstated in March, 2021. It applies to all interviews occurring after April 19, 2021 regardless of the filing date.
Once a test is passed or failed, the questioning will stop.
The 2008 test has 100 possible questions (whereas the 2020 test had 128).
The 2008 version requires correct answers to six out of 10 (whereas the 2020 version requires 12 out of 20).
Applicants have two opportunities to pass the related English and civics tests

Requirements for Continuous Residence & Physical Presence

Candidates, other than those serving in the U.S. military, must show that they have the requisite period of continuous residence & physical presence in the United States.
Although many requirements exist for eligibility to naturalization, residence in the U.S. can be the most complex substantive requirement for naturalization.
Residence is defined as a person’s place of general abode. In other words, the place a person makes “their principle, actual dwelling place in fact, without regard to intent.”

Living Location Requirements

Requirements for Continuous Residence & Physical Presence

Have lived within the state or district where the USCIS has jurisdiction at least 3 months prior to the date of filing the application. Students may apply for naturalization either where they go to school or where their family lives (if still financially dependent on their parents).
Have continuous residence in the United States as a Green Card holder for at least 5 years immediately preceding the date of filing the application
Be physically present in the United States for at least 30 months out of the 5 years immediately preceding the date of filing the application
Reside continuously within the United States from the date of application for naturalization up to the time of naturalization

Understanding Continual Residence & Physically PresenCE

Continuous Residence 5 or 3 years

How many years of continuous residence as a legal permanent resident is required?

As a general rule, an applicant for naturalization must continuously reside, after having received legal permanent residency, in the U.S. for at least 5 years and also meet certain requirements dealing with the time actually physically spent in the United States.

Is there a residence requirement after the applicant has submitted an application for naturalization?

Between the filing of the naturalization application and the granting of citizenship, the applicant must continuously reside in the U.S., but absences may be allowed.

If the applicant is married to a U.S. Citizen, do the rules change?

One of the most important benefits spouses of U.S. citizens have with regard to naturalization is that they make seek U.S. citizenship after only 3 years as a permanent resident, rather than five, as is generally the case. The applicant must be married to a U.S. Citizen and prove that he or she has lived in marital union with that spouse for the entire 3 years and the citizen member of the couple must have been a citizen for the entire three year period. Should the couple no longer be living together as husband and wife, the residency requirement for naturalization will revert to the normal five years. Proof of the bona fide marital union is required.

If the applicant is engaged as a minister or a priest while abroad, do the rules change?

On May 25, 2021, USCIS published guidance that applicants who are outside the U.S. for one year or more to engage in ministerial or priestly functions may treat such time abroad as continuous residence and physical presence in the United States for naturalization purposes.

Physical Presence

Continuous Residence 5 or 3 years

In general, how many years of physical presence is required for naturalization up until the time the application is filed?

Generally, an applicant for naturalization must have physically spent in the United States 1/2 of the continuous residence period that is required immediately preceding the filing date of the application.

Which physical presence requirements apply when a spouse of a US citizen applies for citizenship?

Provided that the spouse is applying under the spousal category of eligibility, the spouse must have physically resided 18 months, which is again one half of the continuous residence period.

What is the exception to the general rule about physical presence?

If the applicant is married to a U.S. Citizen, do the rules change?

The general requirement is 5 years. However, if the applicant is married to a U.S. citizen and has lived in marital union with that spouse for 3 years, the applicant must have been physically present in the United States for 1/2 of the 3 years.

If the applicant is engaged as a minister or a priest while abroad, do the rules change?

On May 25, 2021, USCIS published guidance that applicants who are outside the U.S. for one year or more to engage in ministerial or priestly functions may treat such time abroad as continuous residence and physical presence in the United States for naturalization purposes.

Where to File & Waivers

Absences Outside the U.S.

Is an applicant required to 'physically reside' in the US when applying for naturalization?

During the 3 months preceding the application filing date, the person must have resided in the USCIS district where the application will be filed. The applicant's place of residence determines which USCIS office adjudicates the application. This does not mean travel is forbidden. It is important to realize that the requirement of spending half of one’s time in the U.S. continues to apply at the time of naturalization as well as the time of application.

When can the residence requirements be waived?

Residence requirements are waived if an applicant is the spouse of a U.S. citizen & meets one of the following classifications:
--A member of the U.S. Armed Forces;
--An employee or an individual under contract to the U.S. Government;
--An employee of an American institution of research recognized by the Attorney General;
--An employee of an American-owned firm or corporation engaged in the development of foreign trade and commerce for the United States;
--An employee of a public international organization of which the United States is a member by law or treaty; or
--A person who performs ministerial or priestly functions for a religious denomination or an interdenominational organization with a valid presence in the United States

AND

--The citizen spouse is working overseas for at least 1 year according to an employment contract or order, then the residency requirements are actually waived.

Absences Outside the U.S.

Will an applicant be denied naturalization if absent for 6 months to a year from the US during the 5 year period prior to the application?

Absences abroad need to be considered in light of preserving legal permanent residency as well as eligibility for naturalization. Simply being absent from the U.S. during brief periods, even for six months up to a year in the five years prior to a citizenship application, does not terminate the period of physical presence required for naturalization. However, such absences need to be dealt with carefully. They are presumed to break the period of continuous residence if they last over six months. This presumption can be overcome by demonstrating that the applicant did not abandon the U.S. residence. See the travel abroad page on this site for more information about preserving legal permanent residency and abandonment of status.
Evidence that could be used in this regard includes evidence of continuing U.S. employment, family in the U.S., maintaining a home in the U.S., and evidence that no employment abroad has been obtained.

Will an applicant be denied naturalization if absent for more than a year from the US during the 5 year period prior to the application?

Absences of more than one year will terminate continuous residence unless the applicant complies with certain requirements.
First, the applicant must be employed by one of the following:
The US government
--A US research institution recognized by the Attorney General
--A US business engaged in the development of foreign trade and commerce
--A public international organization of which the US is a member
Before the one-year period outside the United States is up, the applicant must file an application to preserve residency with USCIS and must demonstrate employment by one of the organizations listed above. The applicant must then prove again that the absence from the U.S. was because of employment. Even when these requirements are met, it is important to remember that the requirement that half of the five years prior to filing the naturalization application be spent in the U.S. still applies.

What absences will be considered as “constructive presence” in the US?

The only exception to this requirement is for time outside of the U.S. during which a person is considered to be “constructively present” in the U.S. The most common example of this is overseas military service.

expediting for spouses of U.S. Citizens employed abroad

Expediting: Am I subject to resident requirements if I am a legal permanent resident married to a US citizen spouse who is employed abroad?

As previously mentioned, under section 319(b) of the Immigration and Nationality Act, spouses of U.S. citizens who are employed abroad also benefit from an expedited naturalization process.
U.S. citizen must be employed by a qualifying organization, which can be:
--The US government,
--A recognized US research institution, A US business engaged in foreign trade,
--An international organization of which the US is a member or participant, or
--A religious denomination, for the purpose of performing religious work.
The regulations specify that the citizen spouse’s employment abroad must be for a period of at least one year, but if this requirement is met, the naturalization application can be filed before the employment abroad begins. Also, there is no minimum required residence in the U.S., nor a minimum period for which the applicant must have been a permanent resident.
The applicant must, however, declare their intention to reside permanently in the U.S. upon the termination of their spouse’s foreign employment. Unfortunately, many USCIS officials are not familiar with this rule and people have encountered difficulties as a result of USCIS officials failing to grasp the actual law on this subject.

Biden Administration's measures to promote naturalization

To make the naturalization process both welcoming and accessible, President Biden issued Executive Order 14012: Restoring Faith in Our Legal Immigration System and Strengthening Integration and Inclusion Efforts for New Americans.

USCIS has issued the following naturalization policies designed to support implementation of this Executive Order:

Reinstatement of the 2008 Civics Test-Revising Guidance on Naturalization Civics Educational Requirement

On Feb. 22, 2021, USCIS announced the reinstatement of the 2008 civics test, effective March 1, 2021.
There was a brief period during which USCIS also offered the 2020 version of the test to applicants affected by the timing of the update.

Eliminating Penalty for Registering to Vote Unknowingly or Unwillfully + Guidance on Registering to Vote

On May 27, 2021, USCIS published guidance regarding an applicant’s registration to vote through a state’s department of motor vehicles or other state benefit application process and the effects on an applicant’s good moral character.
This guidance also clarified that USCIS will not penalize applicants who unknowingly or unwillfully register to vote, and that USCIS does not consider an applicant to have unlawfully registered to vote if they did not complete or sign the voter registration section.

Veterans Residing Outside the United States and Naturalization

On May 28, 2021, USCIS published guidance to clarify that certain naturalization applications filed by veterans of the U.S. armed forces who served honorably during specifically designated periods of hostility and meet all other statutory requirements for naturalization are able to naturalize and become U.S. citizens in accordance with U.S. immigration laws.

Technical Update - Incorporating New INA 320(c) Provision into

Nationality Chart 3 - Derivative Citizenship of Children

On May 24, 2021, USCIS published a technical update to the USCIS Policy Manual that incorporates into Nationality Chart 3 the new INA 320(c) provision, as amended by Section 2 of the Citizenship for Children of Military Members and Civil Servants Act, regarding the automatic citizenship of a foreign-born child of a U.S. citizen employee of the U.S. government or member of the U.S. armed forces.

Overseas Military Naturalization Process:

USCIS is utilizing video capabilities for interviews and naturalization ceremonies at Department of Defense facilities for eligible military members and their qualifying family members stationed overseas. The first naturalization ceremony by remote video occurred on March 29, 2021.

FY21 Citizenship and Integration Grants Program:

On May 17, 20121, USCIS started accepting applications for two funding opportunities under the FY21 Grant Program that will provide up to $10 million in grants for citizenship preparation programs in communities across the country. This is the agency’s 13th year operating the grant program. Obviously, this year the announcement takes on special importance as we emphasize our commitment to welcoming immigrants and giving them the tools, they need to pursue the benefits of U.S citizenship. This year is the first-time organizations will have two months to apply. Also, this year we increased our outreach efforts through public engagements and webinars.

Office-to-Office Interviews:

To help meet the requirements of physical distancing due to the COVID-19 pandemic, USCIS deployed the use of video interviews for naturalization applicants, where an applicant comes to a USCIS facility but sits in a different room than the interviewing officer who conducts the interview using video technology.

USCIS processed over 180,000 naturalization applications between March and April 2021.
This has allowed USCIS to return to pre-pandemic levels when it comes to completing naturalization applications.