When Can I Apply for U.S. Citizenship?

Lawful permanent residents of the United States, or green card holders, can apply for Naturalization after they meet the minimum criteria for filing. The criteria for applying for citizenship and becoming a citizen will differ depending upon how a person obtained lawful permanent residency. Several of the requirements for naturalization are time-sensitive, so it is important to understand them and not apply to become a U.S. citizen too early.

Continuous Resident

In order to naturalize, applicants must show that they have continually resided within the United States. This means that they have maintained a residence, their primary home, within the country. Short absences will not break a continuous residence, but extended absences may. Applicants who received their green cards through their marriage to a U.S. citizen who is still married to their U.S. citizen spouse must show that they have continuously resided in the United States for three years prior to filing for naturalization. Most other applicants need to have continuously resided in the United States for five years prior to applying for citizenship.

There are some exceptions to this requirement. Persons working abroad with the U.S. government and the U.S. military do not break continuous presence. Other exceptions include people working overseas for recognized American research institutions and public international organizations. Applicants should file a Form N-470 Application to Preserve Residence for Naturalization Purposes. If you are unsure if you will fall into an exception, an immigration lawyer will help you to evaluate your case.

Physical Presence

To apply for citizenship through naturalization, applicants must prove that they have been physically present in the United States for the requisite amount of time, which happens to be half of the time that continuous residence is required. It is a literal counting of days in the United States. Applicants who received their green cards through their marriage to a U.S. citizen who is still married to their U.S. citizen spouse must have eighteen months of physical presence in the United States within the last three years in order to qualify. Most other applicants need to have thirty months within the last five years in order to qualify for naturalization.

Good Moral Character

People applying to naturalize must demonstrate that they have demonstrated good moral character for the same length of time that they must maintain a continuous presence in the United States. Good moral character is not strictly defined. Generally, it means that the lawful permanent resident’s character measures up to the standards of the average citizen in the community. Determinations are made on a case by case basis.

Officers may look at factors such as the applicant’s criminal record, family ties, education, employment history, payment of taxes, community involvement, and payment of child support and alimony obligations. Immigration officers can look beyond the standard good moral character time period if the applicant’s previous conduct is relevant to their current moral character. Some types of criminal conduct will automatically prevent a person from establishing good moral character regardless of when they occurred. You should consult with an immigration lawyer if you have questions regarding good moral character.