Naturalization

Am I eligible to become a U.S. Citizen through Naturalization?

There are a few different factors that determine eligibility:

  1. How long you have had your Green Card (see chart below)

  2. How long you have physically lived in the U.S. (see chart below)

  3. Length of trips taken outside of the U.S.

    • You must not have taken any trips outside of the U.S. that were 6 months or longer during your 3 or 5 year wait period after receiving your green card.

  4. Age

    • To qualify for naturalization, you must be at least 18 years old (*Exception for parents or adoptive parents: can file petitions for children under 18).

  5. Moral Character, and

    • Your character must be that of an average citizen in your community or more blatantly, you must not have committed certain types of crimes—murder, illegal gambling, perjury, habitual drunkenness, polygamy, adultery, etc.

  6. Literacy/Education

    • To become a citizen, you must pass a 2-part naturalization test:

      1) English language test (you need to be able to understand, speak, and write basic English) and

      2) Civics Test (covers U.S. history, politics, and government)

*Applicants may take the exam more than once if required

*There are exemptions from the Naturalization Test Requirements for certain individuals:

  • You are EXEMPT from the English language requirement (*BUT still required to take the Civics Test) if you are:

    • 50 years of age or older at the time your Naturalization application is filed AND you have been an LPR (green card holder) for 20 years OR

    • 55 years of age or older at the time your Naturalization application is filed AND you have been an LPR for 15 years.

  • You may be eligible for an EXEMPTION to both the English and Civics Test requirements if you have a medical disability due to physical, developmental, and/or mental impairments.

How do I apply for Naturalization? What documents do I need?

  • Form N-400, Application for Naturalization

  • A copy of both sides of your Green Card

  • If your current legal name is different than your name on your Green Card, send copies of documents proving name change—marriage certificate, divorce decree, or court document

  • If applying for naturalization through U.S. Citizen spouse:

    • Send evidence proving that your spouse has been a U.S. Citizen for the last 3 years—birth certificate, certificate of naturalization or citizenship or the inside of the front cover of your spouse’s U.S. Passport

    • Your current marriage certificate

    • Proof of termination of all prior marriages of your spouse (divorce decrees, annulments, or death certificate, and

    • Documents mentioning you and your spouse:

      • Tax returns, bank accounts, leases, car loans, mortgages, birth certificates of children, certified copies of IRS income tax form that you filed jointly for the last 3 years, or an IRS tax return transcript for the last 3 years;

  • If you were formerly married, send proof that all prior marriages have ended

  • If you have ever been arrested or detained by any law enforcement officer for any reason and NO charges were filed, send:

    • An original official statement by the arresting agency or court confirming that no charges were filed

  • If you have ever been arrested or detained by any law enforcement officer for any reason and charges were filed, send:

    • An original or court certified copy of the complete arrest record and disposition for each incident (dismissal order, conviction, acquittal order)

  • If you are applying for a disability exemption to the testing requirement, send an original Form N-648

  • If you have taken a trip outside of the U.S. that lasted more than 6 months since becoming an LPR, send evidence that you continued to live,

    work, and/or keep ties in the United States:

    • IRS tax return transcript for last 3 or 5 years depending on application basis OR rent or mortgage payments and pay stubs, and

  • Corresponding application fee and biometric service fee

Harrison Gandhi

Immigration Attorney. Born in India, raised in Canada, Living in the United States

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