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Citizenship

Naturalization, from the N-400 to the oath.

Who this is for

Lawful permanent residents ready to naturalize.

Most naturalization applicants are lawful permanent residents who have held a green card for five years, or for three years when married to and living with a United States citizen. Children born abroad to a United States citizen parent sometimes acquire citizenship automatically through that parent — a different question from naturalization, and worth checking before anyone files an N-400.

Time outside the country, certain criminal history, and selective-service registration questions are the places cases most often go sideways. It is worth reviewing your own record against the rules before you file, because the application asks about all of it under oath.

Eligibility

The general requirements

The rules most applicants must meet. Exceptions and edge cases exist, and some run in your favor.

  • Residence and presence

    Applicants are generally eighteen or older, have held a green card for the required five years (three under the marriage rule), have lived mainly in the United States, and have lived for at least three months in the state or district where they file. A trip of more than six months can interrupt the continuity of residence; a trip of a year or more is presumed to do so unless the applicant can explain it within the rules.

  • Good moral character

    The agency looks at the applicant's conduct during a statutory period — arrests and citations, tax compliance, family support obligations, and selective-service registration for men. Old events can still matter, and honesty about them matters more; the application is signed under penalty of perjury.

  • English and civics

    Most applicants take an English test and a civics test. The law defines exceptions: reduced requirements for applicants who have held a green card for many years and are of an advanced age, and accommodations for medically documented disabilities on a separate form.

  • What disqualifies people

    Certain criminal convictions, false claims to United States citizenship, unlawful voting, and abandoning residence through long absences are the classic problems — and some of them bar naturalization permanently, not just for a waiting period. These are the facts to sort out before filing, not after.

How the process works

The N-400 and the road to the oath.

USCIS decides naturalization cases. The stages below are the general order.

  1. File the N-400

    The naturalization application is Form N-400, filed with United States Citizenship and Immigration Services with the government fee and supporting documents. Filing is allowed up to ninety days before the required years of residence are complete.

  2. Biometrics

    An application support center collects fingerprints, which the agency uses for its background check.

  3. The interview and the tests

    An officer reviews the application, asks about your history, and administers the English and civics tests unless an exception applies. Answers here are under oath — the interview is where a record that was not disclosed on the application comes to light.

  4. The decision

    USCIS grants the application, continues it to fix a problem — a retaken test or a missing document — or denies it. A continued case is not a denial; the file returns for a new decision later. We cannot promise approval or a timeline; the agency decides.

  5. The oath

    If USCIS approves the application, the last step is the Oath of Allegiance at a ceremony, where the certificate of naturalization is issued.

Documents

What to gather

What most N-400 files need. The form instructions govern the specifics for your situation.

  • Green card and identity

    The permanent resident card, current identification, and the address history for the required period.

  • Residence and travel history

    Every trip outside the United States during the required period — dates left, dates returned, and where. Long trips are the fact that most often needs explaining.

  • Records of any arrests or citations

    Even old ones, even dismissed ones: the police report, court records, and the final disposition. Expunged matters are generally still disclosable for immigration purposes.

  • The marriage-rule documents

    Applicants under the three-year rule add the marriage certificate, proof the citizen spouse has been a citizen for the required period, and evidence of the shared life. Men born after a certain date list selective-service registration; tax returns support the good-moral-character showing.

What the process costs

Two fees, two different payers.

Government filing fees are separate from any attorney fee, and they change. The current amount is published on USCIS.gov. Abhaya Immigration charges a flat fee agreed in writing before work begins; the

fee catalog on abhayaimmigration.com

lists what each service costs. We cannot promise approval or a timeline; the relevant agency decides.

Questions

What people ask most

  • When can I file the N-400?

    The form can be filed up to ninety days before the required years of residence are complete. Filing early does not shorten the residence requirement itself; the approval cannot happen before the years are met.

  • What happens if I fail the English or civics test?

    The agency usually continues the case and retests the failed part, commonly between sixty and ninety days later. Failing the retake can lead to denial, which is why preparation — and the law's age-and-years exceptions — matter before the first interview.

  • I was arrested years ago. Does that end my case?

    Not necessarily. An arrest is a fact the application asks about; whether it affects good moral character depends on what happened and how long ago. What damages cases is the mismatch between a record and an application that pretends it does not exist. Disclose first; then evaluate.

  • What about my trips abroad?

    Every trip during the required period goes on the application. Trips over six months raise continuity questions; trips over a year are presumed to break residence unless an exception applies. Frequent short absences can also draw scrutiny.

  • Will my children become citizens when I do?

    Possibly — a child under eighteen can acquire citizenship automatically through a parent in defined situations, and some children naturalize on their own N-400s at a reduced age. Which rule fits a family is a case-specific question — worth checking before paperwork begins.

  • Do I have to give up my current citizenship?

    The United States permits citizenship of two countries. Whether the other country does is that country's law, not this one's. The Oath of Allegiance renounces allegiance to other states; how other countries treat that is worth confirming with their authorities.

Start with the free tools

Some answers are already public.

The USCIS case-status page, the processing-times page, and the fee calculator are free and current, and our

free-support hub

explains when each one helps and where to find nonprofit legal help. The information on this page is general, not legal advice about your matter.

Review your naturalization case with Abhaya Immigration

A first conversation covers whether you meet the general requirements, what your record shows, and what the application needs. Abhaya Immigration, a Shook Law PC practice, guides applicants through naturalization.

Talk to Abhaya Immigration
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