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Schedule a Consultation →The Basic Requirements
To be eligible for naturalization, you generally must: (1) be at least 18 years old, (2) be a lawful permanent resident (Green Card holder) for the required period, (3) have continuous residence in the U.S., (4) have been physically present in the U.S. for the required amount of time, (5) be able to read, write, and speak basic English, (6) have knowledge of U.S. history and government (the civics test), (7) have good moral character, and (8) be willing to take the Oath of Allegiance.
The 5-Year vs. 3-Year Rule
Most Green Card holders must wait 5 years from the date of permanent residence before applying. However, if you obtained your Green Card as the spouse of a U.S. citizen and have been living in marital union with that citizen, you only need to wait 3 years. There are additional shortened pathways for military members and certain other groups.
Continuous Residence vs. Physical Presence
These are two distinct requirements. Continuous residence means you have not abandoned your U.S. residence. Physical presence means you have been physically on U.S. soil for at least 30 months out of the past 60 months (for the 5-year path) or 18 months out of the past 36 months (for the 3-year path). A single trip abroad of more than 6 months can break continuous residence unless you take proactive steps.
Good Moral Character
USCIS looks at your conduct during the statutory period (usually the past 5 years). Certain acts are permanent bars, such as murder or an aggravated felony. Others may be conditional bars that can be overcome with evidence or waivers. You must disclose all arrests, criminal charges, and any prior immigration violations on your N-400.
English Language Exceptions
The English requirement is waived for applicants who are over 50 and have held a Green Card for at least 20 years (the '50/20 rule') or over 55 with 15 years of permanent residence (the '55/15 rule'). Applicants with certain disabilities may also qualify for an exception by submitting Form N-648 completed by a licensed medical professional.
Questions About Your Situation?
Every immigration case is different. Our team can review your documents and explain your options.
Call (407) 275-6163Frequently Asked Questions
Can I apply 90 days before I reach the 5-year mark?
Yes. USCIS allows you to file up to 90 days before you meet the continuous residence requirement, as long as you will fully meet it by your interview date.
Does time as a conditional resident (2-year Green Card) count?
Yes. Time as a conditional resident counts toward the 5-year (or 3-year) requirement.
What if I traveled abroad for more than a year?
Trips of more than one year generally break continuous residence unless you obtained a re-entry permit before departing. Talk to a professional about your options if this applies.
Does my child automatically become a citizen when I naturalize?
Under the Child Citizenship Act, children under 18 who are lawful permanent residents and reside in the U.S. with a naturalizing parent may automatically acquire citizenship. Conditions apply.
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