Citizenship is the natural end goal for most immigrants. Whether you have just become a permanent resident, or have been one for a few of years, you may wonder how to prepare for a successful naturalization process. This articles covers basic eligibility factors to help you get started.
Statutory Periods of 5 (or 3) Years
Generally, you cannot submit your form N-400 to apply for U.S. citizenship until you have lived in the United States as a lawful permanent resident for at least five years. However, if you are married to a U.S. citizen and have been living with them for at least three years, you may be eligible to apply for naturalization after only three years of permanent residency. These three- or five-year periods are called “statutory periods.”
What about conditional residents? Years spent as a conditional resident does count towards your total, but you cannot naturalize until the condition on your residency is removed. In other words, those who are required to submitted I-751 or I-829 to remove condition on their residency must wait for those applications to be approved first before submitting the N-400.
Continuous Residence and Physical Presence
In the eyes of the U.S. government, the purpose of being a permanent resident is to live and work in the United States. While many permanent residents understandably engage in businesses and other affairs abroad, frequent absences from the U.S. can affect their eligibility to naturalize. In more severe cases, immigration authorities might view these frequent absences as abandonment of permanent residency. With that in mind, permanent residents who plan to naturalize should pay attention to two requirements – “continuous residence” and “physical presence”.
Continuous residence means that the applicant has maintained residence within the United States during the statutory period of 3 or 5 years. A good rule of thumb is to avoid leaving the U.S. for more than six months at a time. Absences of more than six months but less than one year creates a presumption of “breaking” continuous residence. Unless the applicant can give evidence and reasonable explanation to rebut that presumption, their continuous residence breaks, and statutory period restarts on the day they returned to U.S. from the prolonged absence. Absence of 1 year or more, on the other hand, automatically breaks continuous residence.
The physical presence requirement mandates that the applicant must have been physically present in the United States for at least half of the statutory period. If the statutory period is five years, meeting physical presence means staying in the U.S. for at least 30 months during the period. If the statutory period is three years, then the required amount of stay is 18 months.
It bears emphasizing that both continuous residence and physical presence must be met in order to naturalize. As is often the case with immigration law, there are limited exceptions to these rules. Work with an immigration lawyer to see if you could overcome breaks in continuous residence or physical presence.
Good Moral Character
A naturalization applicant must establish that they have maintained good moral character (“GMC”) during the five-year period before naturalization. In some circumstances, an immigration officer might look beyond the five-year period to determine GMC.
GMC means “character which measures up to the standards of average citizens of the community in which the applicant resides[.]” This definition is admittedly broad, so GMC considerations are often complex. Most people need not worry about GMC issues, but here are some red flags for prospective naturalization applicants:
- Criminal convictions, incarcerations, charges, or arrests;
- Committing criminal acts;
- Lying to the government;
- Failure to support spouse, children, or other dependents;
- Dodge taxes;
- Being a habitual drunkard;
- Frequent traffic violations;
- Domestic Disturbances; and
- Extramarital affairs.
Broad as this list already seems, it is not exclusive. Immigration officers have discretion to take other factors into consideration. If you think any part of your personal history raises questions about good moral character, consider getting legal help.
Supporting the U.S. Constitution
Naturalization applicants must demonstrate that they are “attached” to the principles of the U.S. constitution. This is typically accomplished by taking the required Oath of Allegiance during naturalization ceremonies. That sounds simple enough. However, applicants may come under scrutiny if they’ve failed to register for selective services or evaded drafts.
Former members of communist parties, other totalitarian parties, or terrorist organizations cannot naturalize. Exemptions exist, but qualifying for the exemptions depends heavily on each applicant’s background.
English and Civic Tests
Naturalization applicants must demonstrate English fluency and understanding of U.S. history and government. Immigration officers administer tests during naturalization interview. For English fluency, applicants are typically asked to write down sentences, read full sentences, and respond to the officers in English. To pass the civic knowledge test, applicants must answer six out of ten questions correctly. You may find materials on USCIS’s website here to prepare for the civic test.
Applicants might be exempt from the English test if they possess a combination of age and time spent in U.S. as permanent resident.
50/20. One is exempt from English test if they are 50 or older and has lived in the U.S. as a permanent resident for at least 20 years.
55/15. One is exempt from English test if they are 55 or older and has lived in the U.S. as a permanent resident for at least 15 years.
65/20. One may be given a shortened civic test if they are 65 or older and has lived in the U.S. as a permanent resident for at least 20 years.
Conclusion
We hope this article gives you the confidence to prepare for naturalization. If you have concerns about your eligibility or have other questions about the naturalization process, contact us.