U.S. Citizenship Requirements

By Richard T. Herman, Esq.

Am I Eligible to Become a U.S. Citizen?

Becoming a U.S. citizen is a big deal for any green card holder.

The path for a non-U.S. citizen who got a green card to become a U.S. citizen is called naturalization. This process has several eligibility requirements that a green card holder must meet.

You may find many resources online on how to become a U.S. citizen but as an immigration lawyer I will break down these eligibility requirements below to give you a clear and concise understanding of the naturalization process.

First we will cover the basics. Then we will get into the details of the naturalization process.

Basic Citizenship Requirements

U.S. Citizenship can be acquired from parents or one parent who is a U.S. citizen, or born in the United States. For those born in another country as non-U.S. citizens, the process of citizenship typically starts with getting a green card.

Once the green card is obtained, there are several requirements an applicant must meet before filing the N-400 to become a U.S. citizen.

Naturalization applicants are eligible to apply for U.S. citizenship and file the N-400 if:

18 years old or older at the time of applying for U.S. citizenship
Continuous and physical presence in the United States as a lawful permanent resident for a certain number of years
Reside in the state or USCIS district where they intend to file the N-400 for naturalization
Good moral character
Basic English and knowledge of U.S. history and government (pass civics test)
Register for military service (if male of a certain age)
Take the oath of citizenship

These citizenship requirements will not apply if you qualify for an exemption or filing for U.S. citizenship based on U.S. military service.

Below we will break down each requirement, so you can understand what you need to submit the N-400 and apply for naturalization.

Age Requirement

A person who wants to become a U.S. citizen must be at least 18 years old to file for naturalization, unless filing based on wartime military duty. This requirement is to ensure applicants are old enough to understand the responsibilities of citizenship.

There is an exception to this rule. For example, if you are applying to become a U.S. citizen based on wartime military service, there is no age requirement.

Continuous and Physical Presence

Continuous Presence: You must have lived in the United States as a lawful permanent resident for at least five years, or three years if you are married to a U.S. citizen spouse. “Continuous” means you have not taken any trips outside the U.S. that lasted six months or more during the required period. Avoid long absences that will make USCIS think you have abandoned your permanent residence.
Important: If you lived in the U.S. for at least five years before filing here, but during that time you left the U.S. for more than six months, USCIS may presume you abandoned your permanent residence, and deny your citizenship application (N-400). To overcome this presumption, you must show proof of maintaining strong ties to the U.S., for example, keeping your job or having family members in the U.S.
Physical Presence: In addition, prospective U.S. citizen must have been physically present in the U.S. for at least half of the required continuous residence period. This means you are physically present in the U.S. for 913 days (2.5 years) for a five-year requirement or 548 days (1.5 years) for a three-year requirement if married to a U.S. citizen spouse.

Continuous Residence and Physical Presence Details

If You Were Abroad 181 to 364 Days: You need to show the USCIS officer you did not intend to abandon your permanent residence. Provide evidence such as keeping your U.S. job, having immediate family members in the U.S., having a home, or enrolling your children in a U.S. school.
If You Were Abroad 365 Days or More: USCIS will assume you abandoned your permanent residence. You will need to wait additional time before reapplying for citizenship—four years and one day if you had a five-year requirement, or two years and one day if you had a three-year requirement.
Re-Entry Permit Does Not Protect Against Break in Continuity: If you will be abroad for at least one year, apply for a re-entry permit (Form I-131) before leaving the U.S. This permit is good for two years and allows you to re-enter without losing your green card. But the re-entry permit does not exempt you from the above mentioned issues with continuous residence for naturalization purposes (not out of the U.S. for more than 6 months).
Preservation of Residence: File a “preservation” of your permanent residence (Form N-470) if your work requires you to be abroad for one year or more. This is for specific types of employment approved by the U.S. government.

Establishing Residence in District

You must have lived in the state or USCIS district where you will be filing for citizenship for at least three months before you submit your application. “State” includes the District of Columbia, Puerto Rico, Guam, the U.S. Virgin Islands, and the Northern Mariana Islands.

If you lived in one state for at least three months, but moved after filing your naturalization application (Form N-400), you must notify USCIS within 10 days to update your address. The “current physical address” on your naturalization form must be where you’ve established residency.

Good Moral Character as a Lawful permanent resident

USCIS defines “good moral character” as being of good repute or to the standards of average citizens. This means not committing certain crimes, not lying to USCIS, or having multiple DUI convictions. USCIS looks at your behavior during the three or five years before you apply and up to the Oath of Allegiance.

Good moral character is evaluated on a case by case basis and may include reviewing your criminal record, compliance with laws and honesty during the application process.

English Proficiency and Civics Knowledge (History and Government)

As part of this interview process, you will have to pass a two-part test:

English Language Test: This test will test your ability to write, read and speak English.
Civics Test: This test will test your knowledge of U.S. history and government. You will study either 20 or 100 questions for this test depending on your age and how long you’ve been a lawful permanent resident.

Some applicants may be exempt from one or both tests due to disability exceptions. To prepare, visit the USCIS website and find study resources for this test.

English and Civics Test Details

The English test will test your ability to write and speak basic English. To test that you speak English at a basic level, you will be asked during the interview about the answers you’ve given on your citizenship application and to write and read simple sentences.

The civics test will test your knowledge of U.S. history and government. Some applicants, due to age or length of residency, may be exempt from these tests or take a simplified version. Collect different study resources and you will be prepared. Visit USCIS website to find resources and get ready for citizenship interview.

Military and Civil Service Registration

You must be willing to serve in the U.S. military or civil service if required. Typically this means registering with the Selective Service System if you are a male within a certain age range. The Selective Service System collects and maintains records of individuals who may be drafted into military service.

Who Must Register: Males who lived in the U.S. (or received their green card) between the ages of 18 and 26
When to register: within 30 days of your 18th birthday but not after your 26th birthday.
Exemptions: You are not required to register if you are over 26, did not live in the U.S. between 18 and 26, or held a lawful status other than “green card holder” during that period.

How to Register with Selective Service

Register at your local post office, by returning a Selective Service registration card, online or by phone. If unsure about your registration status, request a “status information letter” from Selective Service.

If You Did Not Register with Selective Service

If you did not register and are between 26 and 31, you must prove you weren’t required to register, were exempt or didn’t know you had to register. Bring a notarized affidavit, birth certificate and other supporting documents.

If you did not register intentionally, your application may be denied, but if you are over 31 (or 29 if married to a U.S. citizen), USCIS may waive this if you show good moral character for the required period.

Allegiance as a United States Citizen

To become a naturalized citizen, you must show an “attachment” to the U.S. Constitution, meaning you believe, support and are willing to defend its principles. You will attend a public “swearing-in” ceremony where you will recite the Oath of Allegiance, pledging to support and defend the Constitution and fulfill the duties of a U.S. citizen.

More Support

Additional Resources

Deep Dive: Eligibility Requirements and Process for Naturalization

Purpose and Background of the Naturalization Process

A. Purpose

USCIS will investigate and examine every naturalization applicant to make sure they meet all the eligibility requirements for U.S. citizenship. This thorough process looks at many factors of the applicant’s qualifications. Below is an overview of the investigation and examination process:

Naturalization Process Steps

Security and Criminal Background Checks
- USCIS will check your criminal history and security risks.
- These checks may involve coordination with other federal agencies such as the FBI.
Review of Immigration File
- Officers will review the applicant’s entire immigration file to verify lawful permanent resident status and any prior immigration issues.
In-Person Interview
- Applicants will have one or more interviews with USCIS officers.
- During these interviews, applicants will provide oral and written testimony to explain information on their application.
English and Civics Test
- You must demonstrate English proficiency.
- You will also be tested on U.S. history, government and civic principles.
Disability Waivers
- Some applicants may be eligible for waivers of the English and civics test if they meet specific disability-related requirements.

USCIS Officer Authority

USCIS officers will conduct the investigation and examination and have the authority to:

Administer the Oath of Allegiance.
Take oral and written testimony during interviews.
Issue subpoenas to witnesses if needed.
Request additional evidence to clarify eligibility issues.

Applicant’s Burden of Proof

You must prove your eligibility by a preponderance of the evidence, meaning the evidence must show it’s more likely than not you meet the requirements.
USCIS officers will resolve any outstanding issues and get the information needed to make a decision.

Consistency and Integrity

Uniformity in application processing and decision-making ensures fairness and accuracy.
USCIS will apply all laws and regulations equally to all cases to maintain public confidence in the naturalization process.

B. Background

The naturalization process has changed a lot since its inception. Here’s a brief history:

Early Days

1906: Naturalization required a full examination of the applicant (then called the “petitioner”) and their witnesses under oath at a final court hearing.

1940 Changes

Congress made major changes including:
- English Language: Applicants had to show basic English proficiency.
- Civics: Applicants were asked about the principles of the U.S. Constitution.

Today’s Requirements

USCIS will investigate to make sure applicants meet all the requirements including:

Lawful admission as a permanent resident.
Good moral character.
Attachment to the constitutional principles.
Residence and physical presence requirements.
English and civics test requirements.

Legislative History

1981: Congress eliminated the character witness requirement in naturalization proceedings. However, USCIS can still subpoena witnesses if needed.

C. Law

The naturalization process is covered by a combination of laws and regulations that spell out USCIS’s responsibilities and what applicants must demonstrate. Key laws include:

Statutes

INA 310 (8 CFR 310): Naturalization authority.
INA 312 (8 CFR 312): Educational requirements for naturalization (English and civics).
INA 316 (8 CFR 316): General eligibility requirements (residence, good moral character, attachment to the Constitution).
INA 332 (8 CFR 332): Procedural and administrative provisions.
INA 335 (8 CFR 335): Investigative and examination requirements.
INA 336 (8 CFR 336): Hearings on denied cases.

Notable Laws

1940 Nationality Act: Introduced English and civics as eligibility requirements for naturalization.

Background and Security Checks

A. Background Investigation

USCIS will investigate applicants when they file for naturalization. This will include multiple criminal background and security checks to determine eligibility.

Investigation components

Fingerprint Collection and FBI Name Check
- USCIS will collect fingerprints and send them to the FBI for a name check.
Inter-Agency Checks
- USCIS will check with other federal agencies for criminal background and security information.
Timing of Checks
- All background and security checks must be done before the naturalization interview.

B. Fingerprints

1. Fingerprint Requirement

All applicants regardless of age must provide fingerprints for background checks.
Biometrics (fingerprints, photographs, and signature) will be collected at a local Application Support Center (ASC) after a biometric services appointment.

Notice and Validity

USCIS will notify applicants in writing of their fingerprinting appointment.
Fingerprints are good for 15 months from the FBI’s processing date.

Failure to Appear

Applicants who do not show up for their fingerprinting appointment without a valid reason will be considered to have abandoned their naturalization application.

Advances in Technology

In the past, applicants 75 and older were exempt because of difficulties in taking fingerprints. However, with new technology, fingerprints can now be taken from applicants of all ages.

2. Processing Fingerprints

After fingerprints are collected, USCIS will send them to the FBI for a full background check. The FBI will respond with one of the following:

No Record: No criminal or administrative record found.
Record Found: Information will be sent to USCIS.
Unclassifiable Fingerprints: Fingerprints cannot be processed and additional steps are required.

3. Accommodations

USCIS has accommodations for applicants who cannot attend appointments:

Applicants with Disabilities: All USCIS offices are accessible and special arrangements can be made.
Homebound or Hospitalized Applicants: These individuals can have biometrics collected in their home by submitting the appointment notice and medical documentation to the local USCIS field office.

To request accommodations call the USCIS Contact Center at 800-375-5283 (TDD: 800-767-1833) or online.

4. Fingerprint Waivers

USCIS may grant fingerprint waivers to applicants with the following medical conditions:

Birth defects.
Physical deformities.
Severe skin or psychiatric conditions.

Conditions for Waivers

The officer must see the applicant in person.
An attempt must be made to fingerprint the applicant.
The officer determines the applicant cannot be fingerprinted at all or cannot provide one legible fingerprint.

Additional Requirements for Waiver Applicants

Waiver applicants must provide police clearance letters for the period of good moral character.
USCIS officer will take an oath from the applicant about their moral character.

Waiver Restrictions

Waivers will not be granted if:

The applicant has less than 10 fingers but can still be fingerprinted.
The applicant’s fingerprints are temporarily unclassifiable.
The applicant’s condition preventing fingerprint capture is temporary.

The waiver decision is final and cannot be appealed.

C. FBI Name Checks

FBI Name Check Process

The FBI does name checks for all naturalization applicants.
This involves searching the FBI’s Universal Index (UNI) which contains:
- Personnel records.
- Administrative files.
- Applicant data.
Criminal records collected for law enforcement purposes.

Purpose of Name Check

The name check ensures the applicant is not a threat to national security or public safety.
Information from the FBI will be sent to USCIS for review.

Timing and Validity

Name checks must be done before the naturalization interview.
FBI responses:
- NR (No Record): No records found in the database.
- PR (Positive Response): Records found that require further review.

Validity

A name check is valid for the duration of the naturalization application process.

If more than 15 months pass without a final decision, a new name check is required.

Additional Information

Incorrectly processed name checks must be reinitiated.
USCIS will ensure name checks are thorough and timely to maintain the integrity of the naturalization process.

The Interview

A. Roles and Responsibilities

1. USCIS Officers

USCIS officers will conduct the naturalization interview and investigation. Their responsibilities are to ensure a thorough and fair process and follow established laws and regulations.

Authority to Examine

Legal Powers: Officers have the power to:
- Administer the oath.
- Take oral and written testimony during the interview.
- Subpoena witnesses and request documents.
- Administer the Oath of Allegiance (if delegated by the Field Office Director).
Introduction: Officers will introduce themselves, explain the process and administer the oath.

Eligibility Questions

Officers will ask questions to verify the applicant’s eligibility based on the naturalization requirements. Examples of questions:

Biographical information (e.g., marital history, military service).
Lawful Permanent Resident (LPR) status and length of residency.
Time spent outside the U.S. after obtaining LPR status.
Employment history and addresses.
Knowledge of English, U.S. history and government.
Moral character and criminal history.
Attachment to the U.S. Constitution.
Membership in specific organizations.
Willingness to take the Oath of Allegiance.

Taking the Tests

Officers will administer the English reading, writing and civics tests unless the applicant is exempt.
Different officers may conduct the interview and tests depending on the schedule.

Grounding Decisions in Law

Officers will make decisions based on:

Statutes: Immigration and Nationality Act (INA).
Regulations: Title 8 of the Code of Federal Regulations (8 CFR).
Precedent Decisions: Appellate court decisions.
USCIS Guidance: USCIS Policy Manual.

2. Authorized Representatives

Applicants can have legal representation during the interview. Representatives must:

File a completed Form G-28 (Notice of Entry of Appearance).
Ensure the applicant’s rights are protected.

Rules for Representation

Representatives can advise on legal matters but cannot answer questions directed at the applicant.
If a representative is not present and the applicant chooses not to proceed, the interview may be rescheduled.
Eligible representatives are:
- Licensed attorneys in the U.S.
- Accredited representatives from BIA-accredited organizations.
- Law students, reputable individuals and foreign government officials (in specific cases).

3. Interpreters

Applicants who need language assistance may use interpreters as long as they:

Translate accurately and without personal opinions.
Take an interpreter’s oath and provide government-issued ID.
Are impartial (not interested in the case outcome).

USCIS may disqualify interpreters if their involvement compromises the interview. Officers who speak the applicant’s language may conduct the interview in that language.

B. Review of Application

Before the interview, the officer will review the applicant’s file, known as the “A-file”. This includes:

1. A-File Contents

Proof of LPR status.
Immigration benefit applications and forms.
Correspondence between USCIS and the applicant.
Criminal records, investigative reports and enforcement actions.

2. Jurisdiction

Applications are processed by the USCIS office where the applicant lived at the time of filing.
If the applicant moves, the application may be transferred to the correct office.
Special rules for battered spouses and certain safety cases.

3. Background and Security Checks

Officers verify all background and security checks are complete and documented.

4. Special Circumstances

Accommodations: Applicants with disabilities may request modifications to the interview process, including waiver requests or in-home accommodations.
Removal Proceedings: Officers review records for any pending or past removal orders. Applications may be denied if the applicant is in removal proceedings, except for military service.

C. Initial Interview

The in-person interview will include:

Review of Form N-400 and A-file.
Administer the English and civics tests.
Ask the applicant about eligibility requirements.

Documentation of the Examination

Applicants will provide oral and written answers under oath.
Officers may update the Form N-400 based on the applicant’s testimony.
Interviews may be recorded or summarized in affidavits.

Results Notification

At the end of the interview, applicants will receive a notice of the outcome and what to do next.

D. Re-Examination

Applicants may be scheduled for a second interview to address issues from the first interview. During the re-interview:

Officers review new evidence or testimony submitted by the applicant.
Applicants may retake failed English or civics tests.
If issues persist, the application will be denied.

Timing

Re-examinations for educational deficiencies are scheduled 60-90 days after the initial interview.

Appeals

Applicants can request a hearing with USCIS on denied applications.

E. Expedited Processing for SSI Beneficiaries

USCIS will expedite applications for individuals whose SSI benefits are set to terminate within one year and whose application has been pending for 4 months or more. Applicants must:

Inform USCIS of the termination via an InfoPass appointment or written correspondence.
Bring a copy of their SSA termination letter and a cover sheet explaining the situation.

Applications with “SSI” on the first page will also be expedited.

Results of the Naturalization Interview

USCIS Decision Timeframe

USCIS must make a decision on a naturalization application within 120 days of the initial interview. If no decision is made within that timeframe, the applicant can request judicial review in district court. USCIS officers will base their decisions on laws, regulations, precedent decisions and agency policies.

An officer may:

Approve the application.
Continue the interview (e.g., to request more evidence or schedule a re-interview).
Deny the application.

Applicants will receive a Notice of Examination Results at the end of the interview which will outline the outcome and what to do next for continued or pending cases.

A. Approval of Naturalization Application

What to do after Approval

Once approved, the application will go through internal processing before USCIS schedules the applicant for the Oath of Allegiance ceremony.
USCIS will re-verify the application to ensure it meets quality standards. This will be done by a different officer than the one who interviewed the applicant.

Post Approval Issues

If USCIS finds potentially disqualifying information after approval, the application may be reopened. In that case:
- USCIS will issue a motion to reopen.
- The application will be re-evaluated and if the applicant is found to be ineligible, the naturalization application will be denied.

B. Continuation of Interview

Request for Evidence (RFE)

If an officer needs more information to make a decision, they will issue a Request for Evidence (RFE). The RFE will include:

What documents or information is needed.
How to respond.
A timeframe to respond, usually 30 days.

Possible Outcomes:

If the applicant responds on time, the officer will review the new information and make a decision.
If the applicant doesn’t respond, the officer will decide based on the existing evidence.

Re-Examination

Applicants who fail any part of the naturalization test will get a second chance. Re-examinations:

Will be scheduled 60-90 days after the initial interview.
Are used to address pending eligibility issues or incomplete tests.

Consequences of Non-Attendance:

If the applicant doesn’t show up for the re-examination without a good reason, USCIS may deny the application for not meeting educational or eligibility requirements.
Denial notices will list all areas of ineligibility.

C. Denial of Naturalization Application

Reasons for Denial

USCIS will deny applications when the applicant doesn’t meet eligibility requirements. Some common reasons are:

Not lawfully admitted for permanent residence.
Not met continuous residence or physical presence requirements.
Lack of good moral character.
Insufficient English or civics knowledge.
Failure to establish attachment to the Constitution.

Denial Process

Applicants will receive a written denial notice within 120 days of the initial interview.
The notice will include:
- Clear explanation of the decision.
- Specific eligibility criteria not met.
- Instructions to request a hearing to appeal the denial.

Special Circumstances

Applicants in removal proceedings are generally not eligible for naturalization unless filing under specific military provisions.

Applications from individuals with final removal orders will be denied unless they re-entered lawfully or qualify under military naturalization provisions.

D. Administrative Closure, Withdrawal and Abandonment

Administrative Closure for Non-Attendance

If an applicant doesn’t show up for the initial naturalization interview:

USCIS will administratively close the application if the applicant doesn’t notify USCIS within 30 days of the missed appointment.
Applicants can request to reopen within 1 year without a fee.

If no request is made within 1 year:

The application will be considered abandoned and dismissed.

Failure to Respond to RFE or Re-Examination

Applicants who don’t show up for re-examinations or don’t respond to RFEs will have their applications decided based on the existing evidence.
Officers may grant exceptions for good cause when considering motions to reopen.

Withdrawal of Application

Applicants can request to withdraw their application in writing.
Withdrawal is a waiver of the right to a hearing but allows the applicant to reapply without prejudice.

Applications Not Held in Abeyance for Removal Proceedings

USCIS does not hold applications in abeyance for individuals in removal proceedings.
Effective November 18, 2020, such applications will be denied under INA 318, except for military cases.

Motion to Reopen

A. USCIS Motion to Reopen

When to File a Motion to Reopen

USCIS must file a motion to reopen a previously approved naturalization application in the following situations:

Derogatory Information

USCIS receives or discovers information that disqualifies the applicant after the naturalization application has been approved but before the Oath of Allegiance is taken.

Failure to Appear for Oath Ceremony

The applicant doesn’t show up for at least two scheduled Oath ceremonies without a good reason (excuse).

Notice to the Applicant

USCIS will notify the applicant in writing about the derogatory information or failure to appear for the Oath ceremonies.
The notice will explain the reason for the motion to reopen and give the applicant 15 days to:
- Address and fix the derogatory information.
- Provide a valid excuse for not showing up for the Oath ceremonies.

Resolution of the Motion

If the applicant fixes the derogatory information or provides sufficient excuse for missing the Oath ceremonies:
- The officer will deny the motion to reopen and schedule the applicant for a new Oath ceremony.
If the applicant doesn’t fix the derogatory information:
- The officer will grant the motion to reopen and deny the naturalization application.

Key Restrictions

USCIS won’t administer the Oath of Allegiance to the applicant until:
- All derogatory information is cleared.
- The applicant’s naturalization is approved.
Multiple failures to appear at the Oath ceremonies without a valid excuse will be considered abandonment of the applicant’s intent to naturalize.

B. Motion to Reopen Administratively Closed Applications

Applicant-Initiated

An applicant can request USCIS to reopen a naturalization application that was administratively closed by submitting a written request. The following applies:

Timeframe

Request must be filed within one year of the application being administratively closed.

Fees

No fee required to file the motion to reopen.

Filing Date

The date the motion to reopen is filed will be the new filing date for naturalization purposes.

USCIS will review and decide

USCIS will review the motion and issue a written decision:
- Approval Notice: If granted, the application will be reopened and proceed with naturalization process.
- Denial Notice: If denied, the notice will explain the reasons for denial.

Military Applicants

Military applicants are exempt from the one year limitation and can file a motion to reopen at any time.

Key Points

USCIS motions to reopen are required when derogatory information arises or when applicants don’t show up for Oath ceremonies without a valid excuse.
Applicants have time to fix issues within a certain timeframe (15 days for derogatory information or failure to appear).
Applicants can reopen administratively closed applications within one year without fee and the new filing date will be the new eligibility date.
Military applicants have more flexibility to file motions to reopen.

This is to be a fair and structured process.

USCIS Hearing and Judicial Review

Appealing a denied naturalization application can be overwhelming. This guide will walk you through the process of requesting a hearing with USCIS, the review process and judicial review if necessary. Each section has new information to help you understand and navigate the process.

A. Requesting a USCIS Hearing

1. Who can request a hearing?

The applicant or their authorized representative (e.g. a licensed attorney or accredited representative).
Make sure the representative is authorized by submitting Form G-28 (Notice of Entry of Appearance).

2. When to file a hearing request

Must be filed within 30 days of the denial notice.
If the denial notice was mailed, an additional 3 days (total 33 days) apply.
Use Form N-336 (Request for Hearing on a Decision in Naturalization Proceedings) to file.

B. Review of a timely filed hearing request

1. Scheduling the hearing

USCIS will schedule the hearing within 180 days of the request.
The hearing will be conducted by an officer other than the one who denied the application. This officer must be of equal or higher grade.

2. What happens during the review?

a. Types of Reviews

De Novo Review: A full and new review of the application.
Informal Review: Focused on specific issues depending on the complexity and need for further examination.

b. Officer’s Authority and Responsibilities

Reassess the entire naturalization application.
Examine the applicant and consider new evidence.
Make one of the following decisions:
- Affirm Denial: Uphold the previous denial.
- Deny on New Grounds: Find new ineligibility reasons.
- Approve Application: Reverse the denial and naturalize.

3. Retake English and Civics Tests

If the denial was for failing the English or civics test:
- The officer will only administer the previously failed sections.
- One opportunity to pass during the hearing.

C. Improperly filed hearing requests

1. Late filing

Requests filed after the 30/33 day window are considered late.
If late request is:
- Motion to Reopen: Must have new facts or evidence to justify reopening the case.
- Motion to Reconsider: Must show the denial was legal or procedural error.

2. Filed by unauthorized person or entity

If filed by an unauthorized person or entity USCIS will deny the request without refunding the filing fee.

3. Filed by attorney or representative

Attorneys or representatives must submit Form G-28 to authorize.
If missing, USCIS will give 15 days to correct. Failure to do so may result in denial, but USCIS may reopen the case on its own motion if favorable to the applicant.

D. Judicial Review

1. When can you appeal?

If USCIS denies the naturalization application after the hearing, the applicant can appeal to a U.S. district court.

2. How to appeal

File in the district court where you reside.
The court will review the case de novo, meaning it will look at all facts and laws independently of USCIS’s decision.

Tips for success

Act Fast: File timely to avoid delays or denial.
Be Complete: Include all the evidence and address the reasons for the denial.
Get Professional Help: Work with an experienced attorney or accredited representative.
Study for Tests: If applicable, study for the English and civics tests.

By knowing the process and requirements applicants can better navigate the USCIS hearing and judicial review and increase their chances of naturalization.

Can I Receive Accommodations During the N-400 Interview?

A. Purpose of N-400 Accommodations

The naturalization process should be available to all eligible applicants including those with disabilities. USCIS has established guidelines to ensure individuals with disabilities can participate fully while maintaining the integrity of the process. This guide will cover purpose, background, legal framework and accommodations vs waivers.

Equal Opportunity
- USCIS will make reasonable modifications for applicants with disabilities so they have an equal opportunity to naturalize.
- Some changes are accommodated but USCIS will not make modifications that:
- Alter the naturalization process fundamentally.
- Place an undue burden on the agency.
Case by Case
- Accommodation requests are reviewed on a case by case basis and tailored to the applicant’s disability.
- Primary consideration is given to the applicant’s request but alternative accommodations may be provided if equally effective.
Request Timing
- Applicants can request accommodations:
- When filing their naturalization application (Form N-400).
- At any time during the naturalization process.
Examples
- Sign language interpreters or captioning services for hearing impaired applicants.
- Extra time to respond during the interview.
- Braille or large print test materials for visually impaired applicants.

B. Background of N-400 Accommodations

Legal Requirements
- Under Section 504 of the Rehabilitation Act all federal agencies including USCIS must provide reasonable accommodations to individuals with disabilities in their programs and services.
- The act states:
  - No person shall be excluded from participation due to a disability.
  - Equal access to benefits and activities.
USCIS Compliance
- USCIS is committed to non-discrimination and ensures its programs and services are in compliance with the Rehabilitation Act and DHS regulations.
- Examples of compliance:
  - Modify interview procedures.
  - Provide auxiliary aids for communication.

C. Accommodations vs Waivers

What are Accommodations?
- Modifications that allow applicants with disabilities to show they meet naturalization requirements.
- Examples:
  - Use of assistive devices.
  - Simplify instructions.
  - Accommodations do not exempt applicants from the requirements but how those requirements are met.
What are Waivers?
- Waivers exempt applicants from specific requirements entirely such as:
  - English language proficiency.
  - Civics knowledge testing.
- Waivers are granted based on medical documentation submitted with Form N-648 (Medical Disability Exception).
Key Differences
- Accommodation: Adjust process to meet needs.
  - Example: Extra time, interpreters
- Waiver: Exempt from specific requirements.
  - Example: English test exemption

D. Legal References

Statutory Citations
- Section 504 of the Rehabilitation Act of 1973: Disability based discrimination in federally funded programs.
- 29 U.S.C. 794: Federal agency non-discrimination requirements.
- 6 CFR 15: DHS non-discrimination regulations.
- 8 CFR 334.4: Disability related claims procedures.
Supporting Material
- Applicants requesting accommodations should refer to:
  - USCIS guidelines for individuals with disabilities.
  - Forms N-400 and N-648.

Tips for Applicants

Be proactive: Request accommodations as soon as possible to avoid delays.
Provide documentation: If applicable, submit medical or professional evidence to support your accommodation needs.
Know Your Rights: Read the Rehabilitation Act and DHS policies to understand your rights.
Consult a Professional: Talk to an attorney or accredited representative if needed.

By acknowledging the needs of applicants with disabilities and providing individualized solutions, USCIS seeks to ensure fairness and accessibility throughout the naturalization process.

Accommodation Policies

Accommodation Procedures

USCIS follows these steps when processing accommodation requests:

Accessible Information: Local offices provide applicants with the information on how to request accommodations.
Points of Contact: Whenever possible a designated person is assigned to handle accommodation requests.
Timely Responses: USCIS responds to inquiries and evaluates accommodation requests as soon as possible to avoid delays.
Streamlined Process: Internal process to receive and file accommodation requests.
Delivery of Accommodations: USCIS provides accommodations when needed and ensures applicants get the support they need.

A. Requesting an Accommodation

1. How to Ask

Applicants should request accommodations as soon as possible. Requests can be submitted by the applicant, their attorney or accredited representative, or their legal guardian. Ideally, the request should be made at the time of filing the naturalization application. However, applicants can:

Call the USCIS Contact Center at 1-800-375-5283 (TTY: 1-800-767-1833);
Use the online accommodation request form on the USCIS website;
Submit the request to a local USCIS field office at any time during the naturalization process.

2. Timing

Timeliness is key to having accommodations available when needed. USCIS divides accommodations into two categories:

Immediate Accommodations: Some adjustments such as speaking loudly, speaking slowly or allowing extra time to answer questions during an interview can be provided on the spot with no advance notice.
Planned Accommodations: Other adjustments such as scheduling a sign language interpreter, extra time for the exam or an off-site interview require advance notice to plan and coordinate.

Tips to Make the Process Easier

Plan Ahead: Submit requests as early as possible to allow time to process.
Be Clear: Specify what accommodation you need and provide details to help USCIS process your request.

B. Documentation

USCIS will review accommodation requests on a case by case basis. While applicants don’t need to submit medical documentation, in some cases they may be required to. For example:

If the accommodation is complex or unusual USCIS may ask for supporting documentation to understand the applicant’s needs.
Officers must consult with local USCIS counsel before contacting the applicant or their representative for more information.

Best Practices for Applicants

Keep Records: Save any documentation related to your medical condition or need for accommodation in case it is requested.
Be Proactive: If asked for more information respond as soon as possible to avoid delays.

C. Delivery of Accommodations

When an accommodation is needed USCIS will try to provide it without rescheduling the applicant’s appointment. Field offices will:

Provide Accommodations at the Scheduled Appointment: Make sure the necessary accommodations are in place for the applicant’s originally scheduled appointment.
Minimize Rescheduling: If an accommodation can’t be provided at the scheduled time, notify the applicant and their representative as soon as possible. Reschedule the appointment within a reasonable time.

Common Accommodations

Communication Assistance: Sign language interpreters, reading assistance or use of assistive devices.
Scheduling Adjustments: Off-site interviews or extra time for the exam.
Physical Accessibility: Wheelchair accessible facilities and mobility assistance.

Notification and Follow-Up

USCIS will notify the applicant of any scheduling changes due to accommodation requests.
Applicants and representatives should confirm the new date and time if rescheduled.

Additional Resources

USCIS Contact Center: For questions or to follow up on an accommodation request call the contact center.
Online Tools: Use the USCIS website’s tools such as the online accommodation request form to make the process easier.
Legal Representation: Applicants can work with an attorney or accredited representative for guidance on accommodation requests.

What Type of Accommodations Are Possible?

Going through the naturalization process can be tough for individuals with disabilities. To ensure fairness and accessibility the United States Citizenship and Immigration Services (USCIS) offers various accommodations to meet the needs of each applicant. These accommodations apply to different parts of the process, the naturalization interview, test and Oath of Allegiance.

USCIS recognizes that every applicant is different. Some may need one accommodation at one stage, others may need multiple accommodations throughout the process. Below is a detailed guide to the types of accommodations, by stage, with step by step instructions for each.

A. Accommodations for the Exam

Field offices can make adjustments during the naturalization exam to accommodate applicants with disabilities. Below are common examples with explanations:

Extra Time and Breaks
- What it means: Applicants who need more time to process information or complete tasks due to disability can request extra time. Breaks are also allowed as needed.
- Why: Some disabilities such as cognitive impairments or chronic conditions may require applicants to take more time than usual.
- How to Request: Notify USCIS of your needs when you submit the accommodation request form.
Sign Language Interpreters or Communication Aids
- What it means: Deaf or hard of hearing applicants can request sign language interpreters or other aids such as assistive listening devices.
- Special Considerations:
  - Applicants can bring their own interpreters if they prefer.
  - USCIS will ensure the interpreter meets the specific language needs of the applicant, including specialized forms of sign language.
  - Written communication or lip-reading assistance is also available.
Relatives or Support Person
- What it means: A relative, legal guardian or support person can accompany the applicant to provide comfort and assistance, especially for signing forms or clarifying questions.
- Notes:
  - The support person should not disrupt the exam.
  - A family member can assist with signing or marking documents but only the applicant’s signature or mark is valid.
Legal Guardian, Surrogate or Designated Representative
- What it means: For applicants who cannot participate in the exam due to physical, developmental or mental disability a legal guardian or representative can act on their behalf.
- Eligibility:
  - Legal guardians or surrogates must provide documentation.
  - If unavailable a primary caregiver who is a U.S. citizen (e.g. spouse, parent or adult child) can step in.
  - Priority is determined by relationship and seniority.
Nonverbal Communication
- What it means: Applicants who cannot communicate verbally can use alternative methods such as blinking, nodding, pointing or writing.
- How it works:
  - Communication methods should be agreed upon before the exam begins.
  - Officers will adapt the process to facilitate communication.
Off-Site
- What it means: For applicants who cannot travel to a USCIS field office due to medical conditions exams can be conducted at alternative locations such as homes, hospitals or care facilities.
- How to Request: Provide medical documentation and request off-site exam in advance.

B. Accommodations for the Test

Applicants with disabilities may need modifications to take the English and civics tests. USCIS offers:

Large Print or Braille Reading Test
- What it means: Low vision or blind applicants can request reading test in large print or braille.
- How to Request: Contact USCIS through the helpline or use the online request form to specify your needs.
Oral Writing Test
- What it means: Applicants with physical disabilities affecting hand mobility can take the writing test orally by spelling out words instead of writing them.
- Why it matters: So applicants with disabilities can meet the writing requirement without undue burden.
Nonverbal Communication
- What it means: Same as the exam stage, nonverbal communication methods are allowed for test questions.
- Tips for Applicants:
  - Talk to USCIS in advance about your communication needs.
  - Use pointing, gestures or written answers as agreed upon.
Sign Language Interpreters
- What it means: Deaf or hard of hearing applicants can use sign language interpreters for the test.
- Additional Options:
  - Applicants can bring their own interpreter or request USCIS to provide one.
  - Request accommodations through USCIS contact centers or field offices.

C. Oath of Allegiance Accommodations

Some disabilities or medical conditions may make it difficult for applicants to participate in the Oath of Allegiance ceremony. USCIS offers:

Simplified Language for Assent
- What it means: Officers can simplify the language used in oath questions so applicants understand what it means and why.
- Why it matters: Clear communication for applicants with cognitive disabilities or language related disabilities.
Expedited Oath Scheduling
- What it means: Applicants with medical conditions that prevent them from attending later ceremonies can request expedited scheduling.
- How it works: USCIS may schedule same day ceremonies or off-site visits.
Sign Language Interpreters at Oath Ceremonies
- What it means: Deaf or hard of hearing applicants can use interpreters for both administrative and judicial ceremonies.
- Notes:
  - Courts may provide interpreters for judicial ceremonies.
  - Notify USCIS of your needs in advance.
Off-site Oath Administration
- What it means: Applicants who cannot attend ceremonies at field offices or courts can take the Oath of Allegiance at home or in care facilities.
- Steps:
  - Request off-site ceremony during the exam process.
  - Provide medical documentation.

Remember

Flexibility: Accommodations are made on a case by case basis to meet your needs.
Communication: Contact USCIS early to talk and arrange accommodations.
Documentation: Providing the right documentation (e.g. medical records or proof of guardianship) can speed up the process.
Support: Relatives and representatives are key to helping applicants during the naturalization process.

By covering these accommodations, USCIS can help all eligible individuals with disabilities become U.S. citizens.

Details of Eligibility for U.S. Naturalization

A. Purpose of Naturalization

Naturalization is the process by which an individual becomes a U.S. citizen after birth, regardless of how they were born.[1] This legal path allows eligible individuals to become full members of the U.S. community with all the rights and responsibilities that come with it.

This chapter covers the general requirements for naturalization and how applicants can meet them. It is the applicant’s responsibility to prove eligibility by providing enough evidence to meet the naturalization requirements.

B. General Requirements

To apply for naturalization, applicants must meet these general criteria. These requirements ensure applicants are ready for citizenship and align with the U.S. Constitution.

Naturalization Eligibility

Age
- Must be at least 18 years old when you file your naturalization application.
Lawful Permanent Resident (LPR) Status
- Must have been a lawful permanent resident (LPR) for at least 5 years before eligible for naturalization.
Continuous Residence
- Must have been a continuous resident in the United States as an LPR for at least 5 years before filing the application.
- Continuous residence must also be up to the time of the naturalization ceremony.
Physical Presence
- Must be physically present in the United States for at least 30 months (2.5 years) out of the 5 years before filing the application.
Residency in a USCIS Jurisdiction
- Must have resided in the state or USCIS district that has jurisdiction over your application for at least 3 months before filing.
Good Moral Character
- Must have good moral character for the 5 years before filing the application and throughout the naturalization process until you take the Oath of Allegiance.
- Criminal history or dishonesty during the application process can affect this.
Attachment to Constitutional Principles
- Must show attachment to the U.S. Constitution and be well-disposed to the good order and happiness of the United States during all relevant time periods.
English Language Proficiency and U.S. Civics
- Must be able to read, write and speak English at a basic level.
- Must also pass the civics test during the naturalization process.

Additional Notes

Some applicants may be eligible for exceptions or waivers of these requirements due to age, disability or other special circumstances. These are covered in later chapters.

C. Legal References

Naturalization is governed by the Immigration and Nationality Act (INA) and related federal regulations. Below are the key laws:

INA 312; 8 CFR 312
- Educational requirements for naturalization, including English and U.S. civics.
INA 316; 8 CFR 316
- General naturalization requirements, continuous residence, good moral character, attachment to U.S. constitutional principles.
INA 318
- Prerequisite to naturalization and applicant’s burden of proof.

Notes

Get Ready: Gather all the documents to prove your eligibility and meet the requirements.
Continuous Compliance: Meeting the requirements is not a one-time thing; you must comply throughout the naturalization process.
Legal Framework: Knowing the legal basis of naturalization will help you navigate the requirements.

By meeting these requirements you will be able to pursue U.S. citizenship and become an active member of your community and a responsible citizen.

Lawful Permanent Resident Admission for Naturalization

This document covers the requirements for lawful permanent resident (LPR) admission and naturalization eligibility. Each section includes key points, steps and additional information.

A. Lawful Permanent Resident at Time of Filing and Naturalization

1. Lawful Admission for Permanent Residence

Under Section 318 of the Immigration and Nationality Act (INA), you must show lawful admission as an LPR. Key points:

Requirements at Admission:
- Must comply with all INA requirements.
- Applies to initial LPR admission and status adjustments.
Fraud or Misrepresentation:
- If LPR status was obtained by fraud or misrepresentation, naturalization is denied even if you have a valid Permanent Resident Card (PRC).
Evidence:
- Provide documentation of lawful admission under immigration law.

2. Conditional Permanent Residents (CPRs)

Eligibility for Naturalization:
- CPRs must meet the conditions of their status before naturalization unless exceptions apply.
Removing Conditions:
- If conditions on status remain, you must remove them via Form I-751 (Petition to Remove Conditions).
Classification Errors:
- Classification errors (e.g. CR-1 vs. IR-1) do not necessarily disqualify you if other requirements are met.

3. Date of Permanent Residence

General Rule:
- LPR status begins when USCIS approves or when you enter with an immigrant visa.
Exceptions (Rollback Dates):
- Cuban Adjustment Act: LPR date may be the last admission or 30 months before adjustment application filing.
- Refugees: LPR date is the U.S. entry date.
- Asylees: LPR status rolls back one year before USCIS adjustment approval.

4. Evidence of LPR Status

Permanent Resident Card (PRC):
- A PRC is required to prove LPR status.
- Expired or lost cards file Form I-90 to replace.
Extensions:
- If you file Form N-400 after December 12, 2022, you will receive a receipt notice that extends your PRC for 24 months.

5. U.S. Government Errors

Errors in Admission:
- If USCIS or DOS made a mistake in granting LPR status, you are not eligible for naturalization.

B. Abandonment of Lawful Permanent Residence

1. What is Abandonment

Criteria:
- Intent to no longer reside in the U.S. as an LPR.
- Imputed abandonment for minors under parental custody.
Indicators:
- Extended absences from the U.S.
- Actions inconsistent with maintaining U.S. residency (e.g. filing as a “nonresident alien” for taxes).

2. Factors to Consider

Key points:
- Length of absences.
- Intent to return to the U.S.
- Ties (e.g. property, family, employment).
Documentation:
- Strong evidence (e.g. federal/state tax returns and proof of ties) is key to rebut abandonment claims.

3. Preserving Residence

Exceptions:
- LPRs working abroad in qualifying employment may file to preserve residence for naturalization purposes.
Caution:
- Approval does not preclude abandonment findings during naturalization review.

C. Changes in Law

1. Legal Adjustments

New Laws:
- INA changes or new inadmissibility grounds do not apply retroactively to LPRs admitted lawfully under prior laws.

2. Case Law

Example:
- A 2015 Supreme Court decision changed the definition of “controlled substance” convictions for some applicants.

D. Basis for Admission

1. Petition Validity

Review:
- Officers review the petition or visa that formed the basis of LPR status.
Common issues:
- Misclassified K-1 Fiancé(e) visas or unmet eligibility requirements.

2. Grounds of Inadmissibility

Examples:
- Criminal convictions, health issues, public charge concerns.
Terrorism-Related Grounds:
- Any prior terrorism involvement makes you inadmissible.

E. Special Cases

1. Errors

Visa Allocation:
- If there were errors in visa allocation but eligibility requirements were met, LPR status is still considered lawful.

2. Exceptions to LPR Requirement

Noncitizen Nationals:
- U.S. nationals (e.g. from American Samoa) can naturalize without LPR status.
Military Service:
- Certain military service members are exempt from LPR requirements.

F. Removal Proceedings and Naturalization

Final or Pending Orders:
- Applicants with final orders or pending proceedings are generally not eligible for naturalization.
Exceptions:
- Military based applications may proceed under certain circumstances.

To naturalize you must have lawful LPR status, comply with all INA requirements and demonstrate continuous ties to the U.S. By fixing errors, resolving conditions and preserving residence you will be eligible for naturalization.

Continuous Residence for Naturalization

To apply for U.S. naturalization under the general provisions you must:

Have been a continuous resident in the United States for at least 5 years after obtaining LPR status, up to the time of naturalization.
Residency in the state or service district where you are filing for at least 3 months prior to filing the application.

What is Continuous Residence?

Continuous residence means having a permanent dwelling place in the United States during the required time period. Key points:

Your residence is where you actually live (domicile or principal dwelling), regardless of intent or other claims.
Physical location matters more than where you intend to call home.

Exceptions

Reduced periods of continuous residence, such as spouses of U.S. citizens.
Constructive continuous residence while outside the U.S., such as for military members.
Exemptions from the requirement, as applicable.

Continuous Residence vs. Physical Presence

While related, continuous residence and physical presence are two separate requirements for naturalization. You must meet both unless specified otherwise.

Continuous Residence

General Rules

USCIS will evaluate your continuous residence from the time you became an LPR to the time of application. Here are some situations that may break your residence:

Removal orders: Being removed ends your LPR status and breaks continuous residence. But if you regain LPR status you can reestablish residence.
Nonresident claims for taxes: Claiming nonresident status for tax purposes or not filing taxes can create issues in proving continuous residence.

Common Red Flags

Frequent or long absences from the U.S. may indicate abandonment of LPR status.
Tax records and employment history are key evidence of ties to the U.S.

Breaks

You must prove compliance with the continuous residence requirement. Breaks in residence occur in two scenarios:

Absence more than 6 months but less than 1 year.
Absence 1 year or more.

Absence More Than 6 Months (Less Than 1 Year)

An absence more than 180 days but less than 365 days creates a rebuttable presumption of a break in continuous residence. To rebut this presumption you must show:

You were employed in the U.S. or did not seek employment abroad.
Your immediate family members were in the U.S.
You had a home in the U.S. (ownership or lease).

Example

An applicant absent for 8 months must provide strong evidence (e.g., employment, tax and property records) to rebut the presumption. If unable to do so, they must start the 5 year continuous residence requirement again upon returning to the U.S.

Absence 1 Year or More

An absence of 365 days or more breaks continuous residence unless you have an approved Form N-470 (Application to Preserve Residence for Naturalization Purposes).

Reestablishing Eligibility After a Break

If absent more than 1 year you must:
- Wait 4 years and 1 day (for the 5 year rule) after your return.
- Wait 2 years and 1 day (for the 3 year rule, such as spouses of U.S. citizens).

Form N-470: Preserve Residence

When to File Form N-470

This form allows certain applicants to preserve their continuous residence while working abroad in specific qualifying positions. Eligible applicants are those who are employed:

By the U.S. government.
By a U.S. based company engaged in foreign trade.
By a religious organization performing duties abroad.
By a public international organization of which the U.S. is a member.

Key Requirements

You must have been a continuous resident in the U.S. as an LPR for 1 year before going abroad.
The form can be filed before or during your employment abroad but must be filed before being abroad for 1 year.

Important Notes

Approval of Form N-470 does not preclude abandonment of LPR status if other evidence shows abandonment (e.g., tax filings).
You still must meet the physical presence requirement unless exempt.

Residence in the Commonwealth of the Northern Mariana Islands (CNMI)

Since November 28, 2009 the CNMI is considered part of the United States for naturalization purposes. Key points:

Residence in the CNMI before this date does not count towards continuous residence.
LPRs in the CNMI before this date may regain status but cannot count earlier periods towards the requirement.

Proof of Continuous Residence

Applicants must show continuous residence through:

Testimony and documentation, such as:

Tax records.
Employment records.
Proof of home ownership or rental.

Avoid commuter status

Having a Permanent Resident Card (PRC) alone is not enough. You must show actual residence in the U.S.

Summary of Absences and Naturalization Eligibility

Duration of Absence	Presumption of Break?	Eligible to Naturalize?
6 months or less	No	Yes
More than 6 months, less than 1 year	Yes	Yes (if presumption is rebutted)
1 year or more	Not eligible to apply	No

Reestablishing Eligibility After a Break

Provision	Absence	Wait Period
INA 316 (5-year rule)	More than 1 year	4 years and 6 months (or 4 years and 1 day)
INA 319 (3-year rule)	More than 1 year	2 years and 6 months (or 2 years and 1 day)

Physical Presence for Naturalization

Physical Presence Overview

To naturalize as a U.S. citizen, you must meet the physical presence requirement in addition to the continuous residence requirement. Physical presence means the total number of days you have been physically present in the U.S. during the statutory period before you file for naturalization.

Key Requirements

Statutory Period:

INA 316(a) requires 30 months (or 913 days) of physical presence in the U.S. within the 5 year period before filing.
For applicants under special provisions (e.g. spouses of U.S. citizens) the requirement is 18 months (or 548 days) within the 3 year period.

Relationship to Continuous Residence:

Continuous residence and physical presence are separate requirements and must be met independently.
Continuous residence means you maintain ties to the U.S. while physical presence means actual time spent in the U.S.

Counting Days:

USCIS counts the day you leave the U.S. and the day you return as days physically present in the U.S.

Proof of Physical Presence

Required Documents

To prove physical presence, applicants must provide evidence including but not limited to:

Travel Records:
- Passports with entry and exit stamps.
- Airline tickets and itineraries.
Residency Proof:
- Utility bills or lease agreements showing your address.
- Employment records showing work location.
Tax Records:
- IRS filings showing physical presence.
Other Documents:
- School transcripts, medical records or bank statements showing you were in the U.S.

Testimony

In addition to documentary evidence, USCIS will consider the applicant’s verbal or written testimony during the interview to determine if the physical presence requirement is met.

Key Points

Having a Permanent Resident Card (PRC) does not mean you have physical presence. Actual time in the U.S. is what matters.

USCIS will review all records including customs and immigration databases to verify claims.

Physical Presence Calculation Notes

Travel Outside the U.S.

Short Trips:
Days of departure and return are counted in physical presence.
Extended Absences:
Absences over 6 months may affect continuous residence but not physical presence if total days physically present meet the statutory requirement.

Northern Mariana Islands Residency

Time in the Commonwealth of the Northern Mariana Islands (CNMI) counts as physical presence only from November 28, 2009 and forward.

Meeting Both Requirements: Physical Presence and Continuous Residence

You must:

Keep Track of Your Travel:
- Use calendars, apps or spreadsheets to log all international trips.
- Keep evidence of your time in the U.S.
Check Eligibility:
- Make sure you meet the statutory minimum for both physical presence and continuous residence before filing.

Summary Table: Physical Presence at a Glance

Requirement	Details
Minimum physical presence (INA 316)	30 months (913 days) in the U.S. within 5 years before filing.
Special provisions (e.g., INA 319)	18 months (548 days) in the U.S. within 3 years before filing.
Days counted	Days of departure and return count as physically present.
Evidence required	Travel records, tax filings, utility bills, employment records, and testimony.

Meeting the physical presence requirement is crucial for naturalization. Be prepared and document everything to avoid delays in your application.

Continuous Residence and Physical Presence Waivers and Exceptions for Naturalization

Some applicants for U.S. naturalization may be eligible for reduced continuous residence and physical presence or may count time abroad as meeting these requirements. Others may be exempt from these requirements altogether. This chapter explains the categories of applicants who qualify for these modifications or exceptions and the requirements.

1. Modifications and Exceptions Overview

Continuous residence and physical presence are generally required for naturalization.
Some can count time abroad towards these requirements.
Specific exceptions are available for certain individuals and employment types.

To qualify for an exemption or reduction, you must:

Be physically present and residing in the U.S. for at least one year after becoming a lawful permanent resident (LPR) and before filing (where required).

2. Employment Abroad

Some employment allows you to count time abroad as meeting residence and physical presence requirements. Here is the chart:

Employer/Vocation	Continuous Residence	Physical Presence
U.S. Government or Contractor	Preserved through N-470 process	Exempt through N-470 process
American Institution of Research	Preserved through N-470 process	Must meet regular statutory requirement
American Firm	Preserved through N-470 process	Must meet regular statutory requirement
Media Organizations	Exempt	Exempt
Interpreter, Translator, Security	Entire period abroad counts as residence	Entire period abroad counts as presence
Religious Duties	Time abroad counts if N-470 is approved	Time abroad counts if N-470 is approved

2.1 U.S. Government or Specified Employees

Eligibility Requirements:

Must be an LPR continuously in the U.S. for at least one year before filing.
Must file Form N-470, Application to Preserve Residence for Naturalization.

Benefits:

Approved applicants will be credited with time abroad as residence.
Physical presence requirement is waived for U.S. government employees.

Special Notes:

Spouse and dependent unmarried children included in the application can also qualify if they are abroad with the applicant.

2.2 Media Professionals Abroad

Applicants employed by U.S.-incorporated nonprofit media organizations promoting U.S. interests abroad are exempt from continuous residence and physical presence requirements.

Eligibility Requirements:

Must have worked for the organization for at least five years after becoming an LPR.
Must file the naturalization application while still employed or within six months of termination.
Must intend to return to the U.S. after employment ends.

2.3 Interpreters, Translators, or Security

Section 1059(e) allows time abroad in certain security positions or as an interpreter/translator to count as residence and presence.

Eligibility Requirements:

Must be employed by the Chief of Mission, U.S. Armed Forces, or contractors working for them.
Must be in an executive or managerial role in security-related functions, interpreting, or translating.

Important Notes:

Executive or managerial roles must involve high-level planning and decision-making.
You must provide proof of eligibility.

2.4 Religious Workers Abroad

LPRs performing religious duties abroad can count this time towards residence and physical presence if:

They are ministers, priests, missionaries, or members of a religious order employed by a U.S. organization.
They have been in the U.S. for at least one year continuously after becoming an LPR.

Process:

File Form N-470 before, during or after the qualifying absence.
N-470 approval is required before naturalization can proceed.

3. Special Classes of Applicants

Some applicants are exempt under specific U.S. laws.

3.1 Military Service

Applicants with qualifying military service may be exempt or have modifications:

One Year of Military Service (INA 328)
Service During Hostilities (INA 329)
Service in WWII by Natives of the Philippines
Service Under the Lodge Act (1950)

3.2 Family Members of U.S. Citizens

Spouses, children and parents of U.S. citizens can be exempt:

Spouse of a U.S. citizen for three years (INA 319(a)).
Spouse of a military member serving abroad (INA 319(e)).
Surviving spouse of a U.S. citizen (INA 319(d)).
Children of U.S. citizens working abroad or surviving children (INA 320).

3.3 Other Classes

U.S. citizens who lost U.S. citizenship due to foreign military service (INA 327): Exempt from residence requirements.
Noncitizen Nationals: Time in outlying U.S. possessions counts as residence.
Service on U.S. Vessels (INA 330): Time on U.S. operated ships counts towards residence and physical presence.
National Security Contributions (INA 316(f)): Individuals making extraordinary contributions to U.S. security or intelligence are exempt.

4. Important Notes and Process

Forms:

File Form N-470 in most cases to preserve continuous residence.
Make sure to include supporting evidence for time abroad.

Documentation:

Proof of employment.
Evidence of intent to return to the U.S. (for certain exceptions).
Information about family members if applying for derivative benefits.

Jurisdiction, Place of Residence, and Early Filing: A Guide

The naturalization process can be tricky, especially when it comes to jurisdiction, residency requirements and filing deadlines. This guide breaks down Chapter 6 into simple, easy to read steps with new information and practical advice for applicants. Follow along to make sure you meet all the requirements for naturalization.

A. Three-Month Residency Requirement

What It Means

You must have lived in the state or service district where you will file for naturalization for at least three months before you apply.

Key Points

State: Includes all U.S. states, the District of Columbia, Puerto Rico, Guam, the Virgin Islands and the Commonwealth of the Northern Mariana Islands (CNMI).
Service District: The area under a specific USCIS office’s jurisdiction which may not be the same as state boundaries.

Important Notes

Some service districts cover multiple states and most states have multiple USCIS offices.
If you move after filing, notify USCIS so your A-file can be transferred to the correct jurisdiction.

B. Place of Residence

Definition

Your “residence” is where you actually live, not based on intent or plans.

How to Measure Residence

Residency starts from the moment you establish your principal dwelling in a location.

C. Special Residency Cases

Military Members
- Military members not eligible through one year of service may consider:
- The state/service district where they have been physically present for at least three months.
- Their spouse’s residence.
- Their minor children’s residence.
- Their home of record at the time of enlistment.
Spouses of Military Members Abroad
- Time abroad with a U.S. armed forces spouse counts as continuous residence in any U.S. state or district.
- Such spouses can designate their place of residence abroad as any U.S. state/district.
Students
- Students attending school out of state can file:
  - In the state/district of their school.
  - At their home state if financially dependent on parents during the process.
Commuters
- Commuters must have a permanent U.S. residence to meet the residency requirement for naturalization.
Multiple Residences
- Applicants with residences in multiple states are judged by the location of their annual federal tax filings.
Absences of Less Than One Year
- Short absences abroad (≤ 1 year):
  - Remain in the state/service district before departure.
  - Return to the same residence and the three-month residency requirement continues.
  - Move to a new residence and a new three-month residency period is required before filing.
Noncitizen Nationals
- Noncitizen nationals living in U.S. outlying possessions meet continuous residence and physical presence requirements.
- Must be in a U.S. state/service district for three months before filing.

D. 90-Day Early Filing Provision

Eligibility

Applicants under general naturalization provisions can file up to 90 days before completing 5 years of continuous residence as a Lawful Permanent Resident (LPR).

How It Works

USCIS counts back 90 days from the day before the 5 year mark.
Example: If the 5 year mark is June 10, 2025, the earliest filing date is March 12, 2025.

Important Notes

Filing early does not waive the full 5 year requirement by the time of naturalization.
For early filers, the 3 month residency requirement applies to the period immediately before the application interview.

E. Expedite Processing for SSI Beneficiaries

Who Qualifies

Applicants at risk of losing SSI within 1 year.
Applicants whose naturalization application has been pending for 4 months or more.

How to Expedite

Use Info Pass or mail to USCIS.
Submit:
- A cover letter stating the emergency (SSI termination).
- A copy of the SSA letter showing termination details (write the USCIS A-number at the top).

Reminders

USCIS will expedite the case but will still verify all requirements are met.

Attachment to the Constitution

Naturalization in the U.S. requires showing a strong tie to the U.S. Constitution. This chapter covers the requirements, process and considerations for this part of becoming a U.S. citizen.

A. What is Attachment to the Constitution?

Attachment to the Constitution means a strong and real connection to the principles and values in the U.S. Constitution. It goes beyond just agreement and means:

A depth of feeling that leads to active adherence to the Constitution.
A willingness to support and respect the democratic processes and rule of law established by the Constitution.

Requirements for Attachment

You must:

Embrace the Principles of the Constitution: You must understand and support the basic tenets of the U.S. government.
Oppose Hostility to the Constitution: Those who are opposed to the form of government or principles of the Constitution are not eligible for naturalization.
Take the Oath of Allegiance: The Oath confirms the applicant’s attachment and commitment to the Constitution at a public naturalization ceremony.

Key Parts of the Oath of Allegiance

When you take the Oath, you must:

Take the Oath freely and without mental reservation or evasion.
Renounce all foreign allegiances.
Pledge allegiance to the U.S. Constitution and its laws.
Accept the duties of citizenship, including military or civil service if required.

Showing Attachment

Attachment is shown by supporting and defending the democratic processes and laws resulting from the Constitution. This means obeying U.S. laws and a representative form of government.

B. Selective Service Registration

1. Who Must Register?

Selective Service registration applies to:

Males 18-26: Registration is required within 30 days of turning 18 and remains mandatory until age 26.
Registration was suspended in 1975 but resumed in 1980.

How to Register

You can register through:

Local post offices
Mail-in registration cards
The Selective Service website (sss.gov)

You can confirm registration online or by calling the Selective Service at (847) 688-6888.

USCIS Help with Registration

For males 18-26 applying for adjustment of status, USCIS sends the relevant data to the Selective Service. Registrants receive an official acknowledgement which serves as proof of compliance.

2. Failure to Register

Failure to register knowingly or willfully can:

Denial of the naturalization application.
Bad moral character and attachment to U.S. principles.

Age-Specific Consequences

Under 26: Generally not eligible for naturalization.
26-31: May be eligible if they can prove failure to register was not knowing or willful.
Over 31: Failure to register is outside the statutory period so they are eligible.

Proof of Registration

You must:

Produce a status information letter or acknowledgement card.
Show by a preponderance of evidence that failure to register was not intentional.

C. Draft Evaders and Desertion

Draft evasion or desertion shows lack of attachment to the Constitution and commitment to U.S. values. This can bar naturalization permanently in some cases.

Key Points

Conviction: Those convicted of desertion or evasion during wartime are not eligible for naturalization.
Non-convicted Admissions: Applicants who admit to desertion may still be eligible if not formally convicted.
USCIS Investigation: Testimony, military records and security checks are used to verify desertion or evasion claims.

D. Membership in Certain Organizations

1. Problematic Affiliations

Membership in the following groups may make you ineligible:

The Communist Party
Totalitarian Parties
Terrorist Organizations

Membership in these groups shows lack of attachment to the Constitution and U.S. principles.

2. Burden of Proof

You must:

Show attachment to the Constitution.
Provide testimony and documentation at the naturalization interview.

Failure to do so will result in denial of application.

Communist Party Membership

You are not eligible if you:

Were a member or affiliate of the Communist Party within 10 years of filing for naturalization.
Advocated for communism or totalitarianism.
Published or distributed subversive materials.

Exemptions

You may be exempt if:

Membership was involuntary or you were unaware of the organization’s goals.
Membership ended before age 16 or over 10 years before filing.
Membership was necessary for basic survival (e.g. food, employment).

Nazi Party Membership

Nazi membership bars naturalization permanently. You must show you were not complicit.

Persecution and Genocide

Persecution or genocide bars naturalization permanently. You may also be deportable.

Terrorist Organization Membership

Terrorist group connections raise national security concerns and affect eligibility due to moral character and attachment requirements.

This updated guide explains the naturalization requirements for attachment to the Constitution. By meeting these requirements you show your commitment to U.S. values and principles.

Educational Requirements for Naturalization

Naturalization applicants in the U.S. must meet educational requirements to show they are ready for U.S. citizenship. These requirements include English language proficiency and basic knowledge of U.S. history, principles and government. Below is a detailed and easy to read explanation of these requirements, including exceptions and accommodations.

A. Educational Requirements

To become a U.S. citizen through naturalization, you must meet two educational requirements:

1. English Language

You must be able to:

Read: Understand and interpret words and phrases in everyday usage.
Write: Write simple sentences in everyday writing.
Speak: Engage in basic conversation in English.

2. U.S. Civics

You must know:

U.S. History: Major events, founding documents and key historical figures.
Government Structure: Principles and forms of government, including the Constitution, branches of government and democratic process.
Civic Principles: Rights and responsibilities of citizenship.

B. Background

Early Naturalization

Before 1906: There was no formal requirement for English, history, civics or constitutional knowledge. Courts granted citizenship if applicants were considered “law abiding”, “industrious” and had “good moral character”.
Example: In cases like In re Rodriguez (1897) moral character and industriousness was enough for naturalization.

Introduction of English and Civics Requirements

1908:
- Courts and the Immigration Service began to recognize that understanding the Constitution required some knowledge of its provisions.
- Notable cases include In re Meakins (1908) and In re Vasicek (1921).
1940:
- Congress amended naturalization laws to:
  - Add an English language requirement.
  - Create certain exemptions based on age and long-term U.S. residence.
  - Require applicants to show understanding of constitutional principles.

Additional Changes

1994:
- Legislation added exceptions:
  - Applicants with qualifying medical disabilities were exempt from educational requirements.
  - Age and residency based exemptions for the English requirement were updated to current standards.
2008:
- USCIS introduced a new English and civics test to:
  - Standardize the testing process for all applicants.
  - Give all applicants equal opportunity to demonstrate English and civics knowledge.

C. Legal Basis

Key Statutes and Regulations

INA 312; 8 CFR 312: Educational requirements for naturalization.
INA 316; 8 CFR 316: General naturalization requirements.

Acts

Nationality Act of 1940: Introduced English and civics requirements and exemptions.
Immigration and Nationality Technical Corrections Act of 1994: Added medical disability exceptions and adjusted age based exemptions.

Remember

English and civics is the core of the naturalization process.
Exemptions are available for applicants who meet certain criteria, like age, residency duration or medical disabilities.
The naturalization process has become fair, inclusive and standardized for all applicants.

Testing Process

Opportunities to Pass:
- Applicants have two chances to pass the tests: the initial interview and the re-interview.
- If an applicant fails any part of the tests after these two attempts the application is denied.
Re-examination Policies:
- If an applicant fails to show up for a re-examination without prior approval it will be counted as a failed attempt.
- Applicants requesting a USCIS hearing on a denial will be retested on any previously failed parts.

D. Exemptions To Educational Requirements.

Applicants may be exempt from the English or civics requirements or both. These exemptions are based on age, residency duration or medical disability.

1. Age and Residency Exceptions

You may be exempt from the English language requirement if you meet one of the following:

50/20 Rule: You are 50 years old or older and have been a lawful permanent resident (LPR) for 20 years.
55/15 Rule: You are 55 years old or older and have been an LPR for 15 years.

Note: While these applicants are exempt from the English requirement, they must still take the civics test, although they may take it in their native language.

2. Medical Exceptions

Applicants with physical or developmental disabilities or mental impairments may be exempt from both the English and civics requirements.

Process for Medical Exceptions:

File Form N-648, Medical Certification for Disability Exceptions, completed by a licensed medical professional.
The medical condition must:
Prevent you from meeting the educational requirements.
Permanent.

Summary of Exceptions

Criteria	English Requirement	Civics Requirement
Age 50+ and LPR for 20+ years	Exempt	Must pass; can use an interpreter
Age 55+ and LPR for 15+ years	Exempt	Must pass; can use an interpreter
Age 65+ and LPR for 20+ years	Exempt	Special civics test; can use an interpreter
Medical Disability (Form N-648)	May be exempt	May be exempt

Detailed Exemptions

Age and Residency:
- Applicants 50+ years old who have been LPRs for 20+ years are exempt from English requirement but must pass civics test (with interpreter if needed).
- Applicants 55+ years old with 15+ years as an LPR are exempt from English requirement.
Special Circumstances:
- Applicants 65+ years old with 20+ years as an LPR get a special civics test and can use an interpreter.
Medical Disability:
- Applicants with qualifying disabilities (Form N-648) may be exempt from either or both requirements if they cannot meet them due to the disability.

E. Meeting Requirements under IRCA 1986

The Immigration Reform and Control Act of 1986 (IRCA) introduced citizenship skills requirements for certain applicants who were seeking to adjust to LPR status. These requirements could be met by:

Passing the English and civics tests given by INS.
Passing tests from authorized organizations.

During naturalization re-examinations, only failed parts of these tests are retested and all applicants must show spoken English unless exempt.

F. English Part of the Test

Applicants must show proficiency in reading, writing, speaking and understanding English using everyday vocabulary and grammar.

Components of the Test

Speaking Test:
- Officers will ask the applicant questions about their naturalization application.
- Applicants must generally understand and answer to pass.
- Passing: Applicant answers questions meaningfully.
- Failing: Cannot understand basic eligibility questions.
Reading Test:
- Applicants must read one of three sentences correctly.
- Passing: Reads a sentence clearly enough to be understood.
- Failing: Fails to read at least one sentence without major errors or pauses.
Writing Test:
- Applicants must write one of three dictated sentences in a way the officer can understand.
- Passing: Conveys the meaning of the sentence despite minor errors.
- Failing: Writes illegibly, omits key words or substitutes entirely different words.

G. Civics Part of the Test

Applicants must show knowledge of U.S. history, principles and government through a standardized oral civics test.

Features

Format: Officer asks 10 questions randomly selected by a USCIS computer.
Passing: Answer 6 out of 10 questions correctly.
Failing: Fail to answer at least 6 questions correctly.

Special Circumstances

Applicants 65+ years old with 20+ years as an LPR are tested on a shorter list of 20 questions.
Officers will exercise “due consideration” in evaluating answers based on age, education and length of residency.

H. Not Meeting Requirements

Applicants who fail any part of the test during the first examination are rescheduled for a second examination within 60-90 days.
If an applicant fails again the officer will deny the application for unmet educational requirements.
Refusing to answer test questions or not showing up is considered a test failure.

I. Recording Test Results

Officers must enter test results in the applicant’s A-file.
Applicants get their test results unless they get a denial notice right away.

By following these steps and criteria USCIS ensures a fair, standardized and transparent process for testing English and civics.

J. Study Resources and Tips

1. USCIS Resources

USCIS has official materials to help you study, including:

Civics Test Study Guides: Available online in multiple languages.
Practice Tests: Online quizzes mimic the test experience.
Vocabulary Lists: Focus on common words and phrases for the English test.

2. Community Resources

You can get:

Free or low-cost English and civics classes at local libraries, community centers or non-profit organizations.
Language learning apps and online tools for U.S. naturalization preparation.

3. Tips for Success

Start studying early and regularly.
Practice speaking English in daily life.
Use flashcards to memorize civics facts and key terms.
Take mock tests to build confidence,
There may be special considerations or accommodations for older applicants.
Misrepresentation of eligibility for exceptions can result in application denial or legal consequences.

By meeting these educational requirements or qualifying for exceptions, you are showing you are ready to fully participate in U.S. civic life as an informed and committed citizen.

Medical Disability Waiver (Form N-648)

The Medical Disability Waiver allows naturalization applicants to request a waiver of the English and civics requirements if they have a medical condition. This chapter explains the background, filing process, differences from accommodations, authorized medical professionals, scope of the exam and the review process for Form N-648. Below is a step by step guide to the Medical Disability Waiver.

A. Background of the Medical Disability Waiver

In 1994 Congress added a provision that allows individuals who cannot meet English and civics requirements due to physical or developmental disability or mental impairment. This waiver applies when:

The disability or impairment is “medically determinable” through clinical or laboratory tests.
The condition has lasted or will last at least 12 months.

Requirements:

Medically Determinable Condition: Diagnosed by clinical or laboratory tests.
Functioning Impairment: Applicant cannot meet English and civics requirements even with accommodations.
Medical Professional Certification: A licensed professional completes Form N-648 under penalty of perjury certifying the applicant cannot meet the requirements.

B. Filing

1. Filing Form N-648

Applicants who want the waiver should:

Attach Form N-648 to their Application for Naturalization (Form N-400).
File it with their application, although USCIS will accept it later in the process.
Use the latest version of the form on the USCIS website.

2. Multiple Submissions

If multiple Form N-648s are submitted:

Officers will review any discrepancies.
Applicants are given an opportunity to explain any inconsistencies.

C. Medical Disability Waiver vs Accommodations

Differences:

Medical Disability Waiver (Form N-648): Waives applicants from meeting English and civics requirements entirely due to a qualifying condition.
Accommodations: Adjustments to the testing process without waiving the applicant. Examples:
- Extra time for tests.
- Sign language interpreters.
- Off-site interviews.

Combined Requests:

Applicants can request both a waiver and accommodations. For example, a deaf applicant who needs a sign language interpreter and a waiver for English and civics can file Form N-648 and request accommodations.

D. Authorized Medical Professionals

Only the following licensed professionals can certify Form N-648:

Medical Doctors (MDs)
Doctors of Osteopathy (DOs)
Clinical Psychologists

Licensing Requirements:

These professionals must be licensed in the United States or its territories, including Puerto Rico, Guam and the Northern Mariana Islands.

E. Scope of the Exam

To make Form N-648 sufficient the medical professional must:

Examine the applicant thoroughly.
Identify and describe the medical condition(s).
Explain how the condition(s) prevents the applicant from meeting the English and civics requirements.
The condition has lasted or will last at least 12 months.
The condition is not due to illegal drug use.

Tips for Form N-648:

Use plain language that a layperson can understand.
Only the medical professional can sign and certify the form, although staff can help with preparation.

Telehealth Exams:

USCIS accepts telehealth exams if:

Conducted in compliance with state telehealth laws.
Documented on Form N-648.

F. Form N-648 Review

1. General Guidelines

USCIS officers will review Form N-648 to see if it’s sufficient by:

Verifying it’s complete, certified and signed.
Ensuring no major discrepancies.
Confirm the medical professional’s explanation matches the applicant’s condition.

Officers should not:

Question the diagnosis without credible evidence.
Ask for medical or prescription records unless to resolve discrepancies.
Request specific tests.

2. Condition and Requirements

The medical professional must explain how the condition:

Prevents the applicant from reading, writing or speaking English.
Prevents them from understanding U.S. civics.

Note: Illiteracy or advanced age alone are not valid reasons for waiver.

3. Interpreters

If interpreters are used:

Their role must be noted on the form.
Officers can ask interpreters about their involvement but not about the applicant’s condition.

G. Form N-648 Sufficiency

1. Sufficient Forms

A sufficient Form N-648 must have:

Clinical diagnosis.
Proof the condition has lasted or will last 12 months.
Not drug-related.
Diagnosis methods.
Date of exam.
How the condition prevents meeting English or civics requirements.

2. Insufficient Forms

Reasons a form may be insufficient:

Missing information.
Contradictory evidence.
Major discrepancies between multiple submissions.

USCIS will:

Notify the applicant of the deficiencies.
Allow the same medical professional to resubmit an updated or corrected Form N-648.

H. Interview, Re-Exam and Hearing

1. Initial Interview

If Form N-648 is insufficient applicants can still take the English and civics tests.

Officers must explain the insufficiency and issue an RFE if required.

2. Re-Exam

Applicants can submit additional evidence, including a new Form N-648.
Officers will review all submissions to see if sufficient.

3. Hearing on Denial

Applicants can request a hearing if their N-400 application is denied by filing the N-336.
A full review of Form N-648 and additional evidence occurs at the hearing.

I. Reasons to Doubt

USCIS may question Form N-648 if:

The applicant was not seen by the certifying professional.
There is evidence of fraud or misrepresentation.
The medical professional is under investigation for fraud.

In that case the officer will consult with a supervisor and the next steps may be:

Request a supplemental Form N-648 from another professional.
Refer the case for fraud investigation.

The Medical Disability Exception allows applicants with qualifying conditions to naturalize without English and civics requirements. Follow the Form N-648 requirements and steps outlined above to make the process smoother for applicants and medical professionals. Always check with USCIS and clarify when in doubt to avoid delays or denials.

Good Moral Character (GMC)

Good Moral Character (GMC) is a requirement for U.S. citizenship through naturalization. You must show you have been of good moral character for a certain period of time and have no significant bad conduct. This chapter explains the GMC requirement step by step, and additional tips to help you navigate this part of the naturalization process.

A. What is Good Moral Character?

GMC means being of good moral and ethical standards expected of U.S. citizens. It means honesty, respect for the law and general integrity.

Why is GMC Important?

Showing GMC means new citizens will uphold the values of the United States and contribute to society. It is a legal requirement under U.S. immigration law.

Background

The concept of good moral character has been in U.S. naturalization law since the Naturalization Act of 1790. This requirement means naturalization applicants should meet the moral standards of their community.

Key Historical Context:

GMC is not based on whether the applicant was arrested or convicted. Any behavior or act that offends community moral standards may be considered.
Congress recognized that people who committed past misconduct can change over time. So statutory GMC periods were created to allow people to show reformation and be ready for naturalization.

B. GMC Period

Standard Time Frame

You must be of good moral character for the 5 years prior to filing for naturalization.
The period goes up to the time you take the Oath of Allegiance.

Exceptions to the Standard Period

Spouses of U.S. citizens: The GMC period is 3 years if you are applying under the special provisions for spouses.
Conduct outside the 5 year period: USCIS may look at behavior before the 5 year period if it affects your character.

C. Factors That Affect GMC

1. Good Moral Character Indicators

You can show good moral character by:

Compliance with all laws.
Honesty in all dealings, including during the naturalization process.
Community involvement or charitable work.

2. Conduct That Can Affect GMC

Certain behaviors and actions can disqualify you. Key disqualifying factors are:

a. Criminal Activity

Aggravated Felonies: Permanent bars to naturalization.
Crimes Involving Moral Turpitude (CIMT): Fraud, theft or assault.
Multiple Offenses: 2 or more offenses with 5 years or more combined imprisonment.

b. Immigration Violations

Fraudulent or false claims to U.S. citizenship.
Unlawful voting in federal, state or local elections.
Failure to register for Selective Service (if applicable).

c. Substance Abuse

Habitual drunkenness or drug use.
Convictions related to controlled substances.

d. Other Bad Conduct

Adultery that breaks up a marriage.
Failing to support dependents.
Giving false testimony for immigration benefits.

3. Permanent Bars to GMC

Certain actions will permanently bar you from showing GMC, including:

Persecution or genocide.
Terrorist activities.
Murder or aggravated felony conviction.

D. Showing Good Moral Character

Evidence to Support GMC

You can bolster your naturalization application by providing:

Criminal Records: Police clearance certificates to show no criminal history.
Tax Records: Proof of consistent and honest tax filing.
Affidavits: Letters of recommendation or character references from employers, community leaders or other reputable individuals.
Court Dispositions: Documentation of any prior offenses.

Honesty During the Process

Be honest during the application and interview process. Providing false information or hiding details can lead to denial.

E. USCIS’s GMC Determination

How USCIS evaluates GMC

USCIS officers review records, applicant testimony and evidence.
Officers may consider the seriousness, frequency and context of the bad conduct.

Case by Case

Every applicant is different. USCIS will consider mitigating factors such as:

Evidence of rehabilitation after bad behavior.
Time since the bad conduct.
Applicant’s community involvement or positive changes in behavior.

F. Additional Information and Resources

Applicant Tips

Start Now: Review your history and address any issues ahead of time.
Get Legal Advice: If you have concerns about your past, consult an immigration attorney.
Be Open: Disclose all relevant information, even if it’s not good.

USCIS Resources

Official USCIS guidance on GMC is online.
Use the USCIS website to find forms and instructions, like Form N-400 (Application for Naturalization).

Legal References

The following laws govern the GMC requirement for naturalization:

INA 101(f): Definition of good moral character.
INA 316 and 8 CFR 316: General naturalization requirements.
INA 316(e) and 8 CFR 316.10: GMC provisions.
INA 318: Burden of proof and preconditions to naturalization.

Meeting the GMC requirement is a big part of the naturalization process. By knowing what’s expected and preparing well, you can show you’re eligible and ready to be a responsible U.S. citizen.

Adjudicative Factors for “Good Moral Character” Determination

A. Applicable Statutory Period

The statutory period for good moral character (GMC) depends on the naturalization provision the applicant is using:

General Naturalization Applicants: 5 years prior to the application date.
Spouses of U.S. Citizens: 3 years.
Military Members or Veterans: Depending on the provision, 1 or 5 years before the application date.

Important: Applicants must show GMC not only during the statutory period but until naturalization is complete.

B. Conduct Outside the Statutory Period

USCIS may consider conduct outside the statutory period if:

Lack of reformation of character
Relevance to present moral character

Factors to Consider for Reformation:

Family ties and background
Criminal history (or lack thereof)
Education and employment records
Financial responsibility (e.g., taxes, debts)
Community involvement
Credibility and truthfulness
Compliance with probation or other legal obligations
Length of residency in the United States

Officers will consider the totality of the circumstances, weighing both positive and negative factors.

C. Definition of Conviction

1. Statutory Definition for Immigration Purposes

A “conviction” means:

A formal judgment of guilt by a court
Situations where adjudication is withheld but:
- The person pleads guilty, nolo contendere, or admits guilt
- A judge imposes some form of punishment or restraint

Some states have programs, such as pretrial diversion, where no admission of guilt is required and the conviction won’t be considered under immigration law.

2. Juvenile Convictions

Juvenile court convictions do not count for immigration purposes.
Charges tried in adult court for those under 18 do count as convictions.

3. Court Martial Convictions

Court martial judgments are considered convictions.
Disciplinary actions that are not court martial are not convictions.

4. Adjudication Deferred

Adjudication deferred is a conviction if punishment was imposed along with a finding or admission of guilt.
If no punishment was imposed, it’s not a conviction.

5. Vacated Judgments

Vacated judgments are not convictions if based on constitutional or procedural error.
Dismissals for reasons other than the merits (e.g., to avoid immigration consequences) are convictions.

6. Foreign Convictions

Foreign convictions count if the crime is criminal under U.S. law.
U.S. federal law determines if the crime is a felony or misdemeanor.

7. Pardons

A full and unconditional U.S. pardon before the statutory period may restore GMC if reformation is shown.
Pardons during the statutory period require evidence of extraordinary circumstances.
Foreign pardons are not recognized for immigration purposes.

8. Expunged Records

Expunged convictions are still valid for immigration purposes.
Expungedments in foreign countries are also convictions.

9. Changes in Sentence

Only changes based on procedural or substantive error in the original proceeding affect immigration determinations.
Post-sentence modifications for rehabilitative purposes do not change the original sentence for immigration purposes.

D. Probation

An application cannot be approved if the applicant is:

On probation
On parole
Serving a suspended sentence

Once probation or parole is completed, the applicant may still establish GMC if other factors are favorable.

E. Admission of Certain Criminal Acts

An applicant’s admission to committing specific crimes can bar GMC, even if no charges were filed. This includes:

Crimes of moral turpitude (CIMT)
Violations of controlled substance laws

Requirements for Valid Admission:

The officer must explain the specific law in plain language.
The applicant must admit to the elements of the crime under oath.
A sworn statement must be obtained.

F. “Purely Political Offense” Exception

Offenses from fabricated charges or political repression may be “purely political offenses.”

Exceptions:

CIMT convictions
Convictions with combined sentences over 5 years
Incarceration over 180 days

Officer should consult legal counsel to determine if the offense is purely political.

G. Extraordinary Circumstances

Certain conditional bars to GMC may not apply if extraordinary circumstances existed before or during the offense:

Relevant Offenses:

Failure to support dependents
Adultery
Unlawful acts

Reformation or rehabilitation after the fact is not an extraordinary circumstance.

H. Removability and GMC

Not meeting GMC standards may result in:

Denial of the application
Removal proceedings depending on the case

Not all applicants without GMC will be removable. Officers may deny the application without issuing a Notice to Appear.

This guide provides a roadmap to the adjudicative factors for GMC for naturalization so applicants and officers can make informed decisions.

Evidence and the Record of Good Moral Character

Naturalization requires applicants to show good moral character (GMC) and officers must review evidence and records to determine this. This chapter covers the steps and considerations for reviewing applicant testimony, court dispositions and responses to evidence requests.

A. Applicant Testimony

During the interview

Getting a Full Record:
Officers must ask questions to uncover any criminal, unlawful or questionable activity the applicant has ever done, even if it’s not directly related to GMC.
Tailoring Questions for Understanding:
Consider the applicant’s education and English proficiency.
Questions may need to be rephrased or added to ensure the applicant understands the process.

Sworn Statements

If an applicant admits to committing a crime for which they were never charged, indicted, arrested or convicted, the officer must:
- Get a sworn statement of the admission.
- Use the sworn statement as evidence for GMC.

Practical Tips for Applicants

Be truthful during the interview.
Review your personal history and know the common areas of inquiry for GMC.

B. Court Dispositions

Officer Authority

Officers can request certified court dispositions for any crime committed in the U.S. or abroad.
These are key to GMC.

Applicant’s Responsibility

Applicants must provide certified court dispositions for crimes during the period of time.
Additional documents may be required if:
- The crime occurred after November 29, 1990 and may be an aggravated felony.
- The crime is murder or makes the applicant removable.
- The crime occurred outside the period of time but combined with others affects GMC.
- The applicant is still on probation or served 180+ days of incarceration during the period of time.

When Records Are Not Available

If court or police records cannot be obtained:
Applicants must provide original or certified letter from the law enforcement agency or court stating the records are not available.

Practical Tips

Get all required records early in the process.
Make sure certifications are from the right jurisdiction.
Keep personal copies of all submitted evidence.

C. Failure to Respond to Evidence Request

Officer Actions

If an applicant doesn’t respond to a request for additional evidence after the initial interview:
- Officer decides the application based on the evidence already in the file.
- Officer can’t deny the application because of lack of prosecution after the initial interview.

Applicant Responsibility

Respond to all USCIS requests for evidence promptly.
Keep track of deadlines and stay in touch with USCIS if there are delays.

Practical Tips for GMC

Before the Interview:
- Get all court dispositions and supporting documents for any criminal or legal history.
- Know the period of time for GMC.
During the interview:
- Be prepared to discuss your personal history and provide more information if needed.
- Ask to clarify if you don’t understand a question.
Follow Up:
- Check your case status often.
- Submit evidence or responses to requests timely.

By following these steps and providing all the documentation, applicants can make the GMC process smoother during naturalization.

Permanent Bars to Good Moral Character (GMC)

Good Moral Character (GMC) is a requirement for naturalization in the US. Some crimes permanently bar an applicant from establishing GMC. This chapter will go over those crimes in detail, what they mean and how.

A. Murder

Permanent Bar

An individual convicted of murder at any time is permanently barred from establishing GMC for naturalization. This is the most serious of all crimes, moral character concerns are irreparable.

Key Statute: 8 CFR 316.10(b)(1)(i)

Notes

Murder convictions are not considered when the crime was committed. There is no statutory period or rehabilitation exception for this crime.

B. Aggravated Felony

Overview

In 1996, Congress added to the list of crimes that are considered “aggravated felonies” under immigration law. Any applicant convicted of an aggravated felony after November 29, 1990 is permanently barred from establishing GMC for naturalization.

Key Statute: 8 CFR 316.10(b)(1)(ii)

Pre-1990 Convictions

Applicants convicted of aggravated felonies before November 29, 1990 are not automatically barred. But the seriousness of the crime and the applicant’s moral character now are major factors in the process.

What is an Aggravated Felony?

The Immigration and Nationality Act (INA) defines aggravated felonies broadly, including many serious crimes. Some crimes require a minimum of one year of imprisonment to qualify.

Imprisonment Defined: The term of imprisonment means the entire period of confinement ordered by the court, regardless if the sentence is suspended.

Examples of Aggravated Felonies

Here is a quick reference table:

Aggravated Felony	Citation
Murder, Rape, or Sexual Abuse of a Minor	INA 101(a)(43)(A)
Illicit Trafficking in Controlled Substances	INA 101(a)(43)(B)
Illicit Trafficking in Firearms or Destructive Devices	INA 101(a)(43)(C)
Money Laundering (over $10,000)	INA 101(a)(43)(D)
Explosive Materials and Firearms Offenses	INA 101(a)(43)(E)(i)–(iii)
Crime of Violence (imprisonment ≥ 1 year)	INA 101(a)(43)(F)
Theft Offense (imprisonment ≥ 1 year)	INA 101(a)(43)(G)
Child Pornography	INA 101(a)(43)(I)
Fraud or Tax Evasion (over $10,000)	INA 101(a)(43)(M)(i), (ii)
Alien Smuggling	INA 101(a)(43)(N)
Document Fraud (imprisonment ≥ 1 year)	INA 101(a)(43)(P)
Attempt or Conspiracy to Commit an Aggravated Felony	INA 101(a)(43)(U)

Officer Considerations

Severity of the Crime: How serious was the crime?
Current Behavior: Does the applicant’s behavior during the statutory period show genuine rehabilitation?

C. Crimes Against Humanity and Severe Human Rights Violations

Applicants who have committed severe human rights violations are permanently barred from establishing GMC. Here are the specific offenses and their consequences:

1. Nazi Persecutions

Permanently barred.
Key Examples: Ordering, inciting, assisting or otherwise participating in the persecution of persons under the Nazi regime.
Statute: INA 101(f)(9); INA 212(a)(3)(E)

2. Genocide

Permanently disqualified.
Definition of Genocide:
- Killing members of a group.
- Causing serious bodily harm to members of the group.
- Imposing conditions intended to destroy the group.
- Forcibly transferring children to another group.

Statute: 18 U.S.C. 1091; Article II of the UN Convention on Genocide

3. Torture or Extrajudicial Killings

Torture: Intentional infliction of severe physical or mental pain by someone acting under color of law.
Extrajudicial Killings: Killings without due process.
Key Statutes: 18 U.S.C. 2340; 28 U.S.C. 1350

4. Severe Violations of Religious Freedom

Applicants who directly engaged in systematic, egregious violations of religious freedom while serving as foreign government officials are permanently barred.

Examples:

Torture or inhuman treatment.
Long term detention without charges.
Forced disappearance.
Denial of basic rights to life, liberty or security.

Statute: 22 U.S.C. 6402

Summary

Applicants who are permanently barred from establishing GMC cannot naturalize. Officers must review each case carefully, considering the applicant’s criminal history and the crime.

Murder and Aggravated Felonies: No exceptions for murder and post-1990 aggravated felony convictions are permanently disqualifying.
Crimes Against Humanity: Genocide, torture, extrajudicial killings and severe violations of religious freedom.
Documentation Requirements: Applicants must rebut any ineligibility claims.

Conditional Bars to Good Moral Character (GMC) in the Statutory Period

The Immigration and Nationality Act (INA) lists both permanent and conditional bars to establishing good moral character (GMC) during the naturalization statutory period. This chapter covers the conditional bars, the acts and offenses that trigger them, the exceptions and considerations.

Conditional bars are not permanent but specific to acts, circumstances or convictions that occurred during the statutory period, including before filing and up to the Oath of Allegiance.

Summary:

Conditional bars are specific to acts, offenses or convictions.
Acts not listed as permanent or conditional bars can still affect GMC.
Officers consider U.S., state or foreign laws when considering convictions.

Table of Conditional Bars to GMC:

Offense	Citation	Description
Crimes Involving Moral Turpitude	INA 101(f)(3), 8 CFR 316.10(b)(2)	Conviction or admission of one or more CIMTs, except for one petty offense.
Aggregate Sentence ≥ 5 Years	INA 101(f)(3), 8 CFR 316.10(b)(2)	Conviction of two or more offenses with a combined sentence of 5 years or more.
Controlled Substance Violation	INA 101(f)(3), 8 CFR 316.10(b)(2)	Violation of any controlled substance law, excluding simple possession of 30g or less of marijuana.
Incarceration ≥ 180 Days	INA 101(f)(7), 8 CFR 316.10(b)(2)	Incarceration for a total of 180 days or more.
False Testimony	INA 101(f)(6), 8 CFR 316.10(b)(2)	False testimony under oath to obtain immigration benefits.
Prostitution Offenses	INA 101(f)(3), 8 CFR 316.10(b)(2)	Engaging in or profiting from prostitution.
Smuggling of a Person	INA 101(f)(3), 8 CFR 316.10(b)(2)	Assisting a person to unlawfully enter the U.S.
Polygamy	INA 101(f)(3), 8 CFR 316.10(b)(2)	Practicing polygamy.
Gambling Offenses	INA 101(f)(4), 8 CFR 316.10(b)(2)	Two or more gambling offenses or deriving income from illegal gambling activities.
Habitual Drunkard	INA 101(f)(1), 8 CFR 316.10(b)(2)	Habitual intoxication or multiple alcohol-related offenses.
Driving Under the Influence	INA 101(f)	Two or more DUI convictions.
Failure to Support Dependents	INA 101(f), 8 CFR 316.10(b)(3)	Willful failure to support dependents without extenuating circumstances.
Adultery	INA 101(f), 8 CFR 316.10(b)(3)	Extramarital affair tending to destroy an existing marriage.
Unlawful Acts	INA 101(f), 8 CFR 316.10(b)(3)	Acts reflecting adversely on moral character unless extenuating circumstances are present.

Conditional Bars Explained

Crimes Involving Moral Turpitude (CIMTs)
- Definition: Crimes that are inherently bad, vile or depraved, shocking to public conscience.
  - Examples: fraud, theft or violence with malicious intent.
- Key Points:
  - Nature of the offense.
  - State specific definitions may vary; check local statutes and USCIS guidance.
- A single petty offense may be an exception if:
  - It’s the only CIMT committed.
  - Sentence was 6 months or less.
  - Maximum possible sentence is 1 year or less.
- Exceptions: CIMTs committed abroad for political reasons do not trigger this bar.
Total Sentence of 5 years or more
- Trigger: Two or more offenses with a combined sentence of 5 years or more.
- Exclusions: Political offenses committed abroad.
Controlled Substance Violations
- Scope: Any violation of federal, state or foreign laws regarding controlled substances.
- Federal Law Supremacy: Even if decriminalized under state law (e.g. marijuana), federal law’s classification as a Schedule I controlled substance applies.
- Exceptions:
  - Single offense involving 30g or less of marijuana.
  - Related paraphernalia offenses tied to simple possession.
Incarceration for 180 days or more
- Application: The confinement itself, not the crime’s nature, triggers this bar if it occurred during the statutory period.
- Exclusions: Political offenses abroad resulting in imprisonment.
False Testimony
- Definition: Deliberate false statements under oath to obtain immigration benefits.
- Factors:
  - Must be oral.
  - Under oath.
  - Intent to obtain immigration benefits.
Prostitution Offenses
- Definition: Engaging in, importing for or profiting from prostitution.
- Note: Single act of solicitation for personal use does not qualify.
Smuggling of a Person
- Trigger: Assisting in illegal entry into the U.S.
- Exception: Smuggling a spouse, parent or child before May 5, 1988, without involving others.
Polygamy
- Definition: Having more than one spouse at a time.
- Verification: Officers review marital history and supporting documents.
Gambling Offenses
- Trigger: Two or more gambling convictions or primary income from illegal gambling.
Habitual Drunkard
- Evidence: Divorce decrees, arrest records and employment records may show habitual intoxication.
DUI
- Trigger: Two or more DUI convictions create a presumption of lack of GMC.
- Rebuttal: Evidence of reform does not rebut lack of GMC during the conviction period.
Failure to Support Dependents
- Definition: Willful failure to meet support obligations.
- Factors:
  - Extenuating circumstances like unemployment.
  - Good faith efforts to support.
Adultery
- Trigger: Affairs that harm an existing marriage.
- Exceptions: Mutual separation or invalid divorce.
Unlawful Acts
- Definition: Acts violating criminal or civil law, that show bad character.
- Case-by-Case: Officers will determine if the act violates community standards and if there are extenuating circumstances.
- Examples:
  - Tax fraud.
  - Social Security fraud.
  - Falsifying records.

Key Points for Officers

Case-by-Case Analysis: Each case must be evaluated individually, considering the laws and facts.
Burden of Proof: Applicants must provide evidence to rebut the presumption of GMC violations.
Extenuating Circumstances: Must occur before or during the act and mitigate the GMC.

This will help officers and applicants understand the conditional bars to GMC and make informed decisions in naturalization cases.

Special Rules for Spouses of U.S. Citizens

A. Purpose

Spouses of U.S. citizens have special routes to naturalization under the Immigration and Nationality Act (INA). These routes offer flexibility, including overseas processing, while tied to general naturalization requirements. Here are the options for spouses:

Special Routes for Spouses of U.S. Citizens

5 year residency route

Spouse can naturalize under general provisions after 5 years as an LPR in the U.S.

3 year residency route

Spouse can apply after 3 years as an LPR if married to a U.S. citizen during that time.

Employment Abroad

Spouse of a U.S. citizen working for the U.S. government or qualifying organizations can naturalize without meeting the usual residency or physical presence requirements.

Military Service Abroad

Spouse of a U.S. citizen serving abroad in the military can naturalize while living with their spouse overseas. Time spent abroad counts towards U.S. residency and physical presence requirements.

Surviving Spouses

Spouse of a U.S. citizen who dies during honorable active-duty military service can naturalize without meeting residency or physical presence requirements.

Victims of Abuse

Spouse, former spouse or intended spouse of a U.S. citizen who obtained LPR status due to being battered or subjected to extreme cruelty can also naturalize through these provisions.

B. History

The naturalization process for spouses of U.S. citizens has changed since 1922. Initially Congress recognized that it was inefficient to require spouses to wait 5 years for citizenship. Over time the laws have been simplified and clarified:

1922: Created expedited naturalization for spouses.
1934: 3 year residency requirement.
1940: Consolidated in Nationality Act of 1940.
Today: Reflects decades of congressional intent to give spouses the benefits and protections of U.S. citizenship.

These changes have been in place for a long time to support U.S. citizens and their families through naturalization routes.

C. Quick Reference Chart

General Provisions for Spouses of U.S. Citizens

Provision	Marriage and Marital Union	Continuous Residence	Physical Presence	Overseas Processing
Spouses Residing in U.S.	Married and living in marital union for 3 years prior to filing	3 years after becoming LPR	18 months during residency period	Not applicable, except for military spouses
Spouses Employed Abroad	Married prior to filing	Must be LPR at filing; no specified period	Not applicable	Interview and Oath must occur in U.S.
Surviving Military Spouses	Married and living in marital union at time of death	Must be LPR at filing; no specified period	Not applicable	Interview and Oath must occur in U.S.

D. Law

The following laws and regulations apply to naturalization of spouses of U.S. citizens:

General
- INA 316; 8 CFR 316
Spouses
- INA 319; 8 CFR 319
Military
- INA 319(e); 8 CFR 316.5(b)(6); 8 CFR 316.6
- 8 U.S.C. 1443a – Overseas naturalization for military families

Now that you know these routes and laws, you can naturalize more easily whether you’re in the U.S. or abroad.

Marriage and Marital Union for Naturalization

Marriage and Marital Union 101 is crucial for applicants naturalizing based on marriage to a U.S. citizen. This will walk you through the steps and requirements so you’re clear and compliant with USCIS.

A. Valid Marriage

1. Defining Valid Marriage

Place-of-Celebration Rule

A marriage is valid by the law of the place where it was celebrated.
If a marriage is recognized in the jurisdiction where it was performed, it’s generally valid for immigration purposes.

Applicant’s Burden

The applicant must show their marriage is valid and has been in effect for the required time.
A marriage certificate is usually sufficient proof of a valid marriage.

Exceptions

USCIS does not consider the following as valid marriages even if legal in the place of celebration:

Polygamous marriages
Marriages contrary to the strong public policy of the state of residence
Civil unions, domestic partnerships or other relationships not considered marriages
Proxy marriages (unless consummated)
Marriages entered into to evade immigration laws

Final Reminders and Tips

Legal Background

After the 2013 Supreme Court ruling on the Defense of Marriage Act (DOMA), same-sex marriages are treated the same as opposite-sex marriages.
Place-of-Celebration Rule applies, validity determined by the jurisdiction where the marriage was performed.

Domicile Considerations

If a same-sex couple resides in a state that doesn’t recognize same-sex marriages, USCIS looks to the laws of the state where the marriage was performed.
Recognition of same-sex marriage for immigration purposes is not affected by the domicile state’s position.

3. Marriages Involving Transgender Persons

USCIS recognizes marriages involving transgender persons if:

The marriage is valid in the jurisdiction where it was performed.
It meets the same exceptions as other marriages (e.g., polygamy).

B. Foreign Divorces and Subsequent Remarriages

Key Points

A foreign divorce is valid if it’s valid under the laws of the country where it was granted and the U.S. state’s reciprocity laws.
A remarriage based on an incomplete foreign divorce is not valid for immigration purposes.

Jurisdiction and Domicile

The court granting the divorce must have authority over the divorce.
The domicile of the applicant and former spouse at the time of divorce matters.

Officer’s Responsibility

Verify the foreign court followed the proper procedures.
Determine if the divorce is final and binding.

C. Evidence of Valid Marriage

Primary Evidence

An official civil document, such as a marriage certificate, must be submitted with the application.

Secondary Evidence

If an official document is not available, secondary evidence may be accepted on a case-by-case basis.
USCIS can request original documents if authenticity is in doubt.

D. Common Law Marriage

What is Common Law Marriage?

A common law marriage is when two persons agree to be married and live together without a ceremony or license.

USCIS Recognition

Common law marriages are recognized if valid in the state where it was established.
Recognition applies even if the application is filed in a jurisdiction that doesn’t recognize common law marriage.

E. U.S. Citizenship from Filing to Oath

The applicant’s spouse must be a U.S. citizen from the time of filing to the Oath.
If the spouse loses citizenship before the Oath, the applicant is no longer eligible for naturalization under the spousal provisions.

F. Marital Union and Living in Marital Union

1. Living in Marital Union

Applicants must live with their U.S. citizen spouse from the time of filing to the Oath.
Marital union must have existed for at least 3 years prior to filing.

Exceptions

Applicants may still qualify in rare cases where the separation is involuntary (e.g., military deployment).

2. Loss of Marital Union

Death of Spouse: Applicant is not eligible unless the spouse was an active-duty service member who died in service.
Divorce or Annulment: Termination of eligibility as spouse of a U.S. citizen.
Expatriation of Spouse: If the spouse renounces U.S. citizenship, the applicant is no longer eligible.

3. Separation and Marital Union

Legal Separation: Changes marital rights and generally makes the applicant ineligible.
Informal Separation: USCIS looks at factors such as support, intent to reunite and involvement with others.
Involuntary Separation: Circumstances beyond the applicant’s control (e.g. military service) does not disqualify the applicant if marital unity remains intact.

Follow these guidelines and stay married and you’ll be naturalization ready!

Spouses of U.S. Citizens Living in the U.S.: Step by Step Guide to Eligibility for Naturalization

Naturalization is a big deal for spouses of U.S. citizens living in the U.S. This guide goes over the eligibility requirements and process to apply for naturalization. By knowing the steps and criteria you’ll be better prepared for the application.

Eligibility Requirements for Spouses Living in the U.S.

Spouses of U.S. citizens may qualify for naturalization based on marriage. To qualify applicants must meet:

Age and LPR Status
- Be 18 years old or older at the time of filing the naturalization application.
- Be an LPR at the time of filing.
Marital Union
- Married to a U.S. citizen: Must remain married to the U.S. citizen spouse until the Oath.
- 3 years of marital union: Applicants must have lived in marital union with their U.S. citizen spouse for at least 3 years before filing. The citizen spouse must have been a U.S. citizen during that time.
Continuous Residence and Physical Presence
- 3 years of continuous residence in the U.S. as an LPR immediately before filing.
- Physical presence: 18 months (548 days) of physical presence in the U.S. within the 3 years before filing.
- State or district residency: Must have lived in the state or USCIS district with jurisdiction over their residence for at least 3 months before filing.
Language and Civics
- English proficiency: Read, write and speak English.
- Civics knowledge: Know U.S. history, government principles and structure.
Good Moral Character and Constitutional Attachment
- Good moral character: Be of good moral character for at least 3 years before filing and until naturalization.
- Attachment to the U.S. Constitution: Adhere to constitutional principles and be disposed to the good order and happiness of the United States.
General Naturalization Provisions
- Spouses can also apply under the general naturalization rules if they’ve been LPRs for at least 5 years or under special provisions for military families.

Living in Marital Union: Details

Definition and Duration

Must live in marital union with the U.S. citizen spouse for the 3 years before filing the application.
A valid marriage must exist from the application filing date until the Oath.

Exceptions

Battery or extreme cruelty: Spouses who have been battered or subjected to extreme cruelty by the U.S. citizen spouse are exempt from the marital union requirement.

Continuous Residence and Physical Presence

Continuous Residence

Be an LPR with a permanent dwelling place in the U.S. for at least 3 years before filing.
Temporary absences are allowed but prolonged absences may break continuous residence.

Physical Presence

Physically present in the U.S. for at least 18 months (548 days) within the 3-year period.
Document your travel history to ensure you meet this requirement.

90-Day Early Filing Provision

Eligibility to File Early

Can file the naturalization application up to 90 days before completing the 3-year continuous residence requirement.
Early filing does not move up the naturalization date; applicants must meet all requirements by the time of the interview.

Calculation Example

If an applicant meets the 3-year continuous residence requirement on June 10, 2024, they can file as early as March 12, 2024 (90 days prior).

Eligibility for Victims of Battery or Extreme Cruelty

Special Provisions

Spouses who have been battered or subjected to extreme cruelty can:

File for naturalization without meeting the marital union requirement.
Qualify even if divorced or separated from the abusive U.S. citizen spouse.

LPR Status Requirements

Eligible applicants may have LPR status through:

Self-petitioning as an abused spouse under Form I-360.
Special cancellation of removal provisions.

Application and Evidence

1. Form N-400

Complete and file Form N-400, Application for Naturalization, with the fee.
Choose the correct eligibility category (e.g. marriage to a U.S. citizen).

2. Spouse’s U.S. Citizenship

Applicants must provide evidence of their spouse’s U.S. citizenship, such as:

U.S. birth certificate.
Certificate of Naturalization or Citizenship.
U.S. passport.

3. Extra Documents

Proof of marital union (e.g. joint tax returns, shared leases or utility bills).
Evidence of continuous residence and physical presence (e.g. travel records).

Final Reminders and Tips

Be Prepared

Keep all your marriage, residence and physical presence records organized.
Get legal advice if your case has special circumstances (e.g. abuse or extended travel).

Stay Current

USCIS rules and regulations change; check the latest requirements before filing.
Be proactive about scheduling your biometrics and interview appointments.

Resources

USCIS.gov for official forms and information.
Practice tests for the English and civics exams.

Now you know the steps and requirements. Go file!

Naturalization for Spouses of U.S. Citizens Working Abroad

Spouses of U.S. citizens working abroad for qualifying employment may be eligible for a special naturalization process. This process waives some of the continuous residence and physical presence requirements for naturalization.

Here is the full step-by-step guide with explanations and tips.

A. General Eligibility

To naturalize, the applicant must:

1. Age and LPR Status

Be 18 years old or older at the time of filing.
Be an LPR at the time of naturalization.

2. Marital Status and Intent

Remain the spouse of the U.S. citizen until the Oath of Allegiance.
Be married to a U.S. citizen stationed abroad for at least 1 year.
Live abroad with the citizen spouse and return to the U.S. when the spouse’s employment ends.

3. Physical and Moral Requirements

Travel plans: Move to join the U.S. citizen spouse within 30-45 days after naturalization.
Language: Basic English (reading, writing and speaking).
Civics: Basic knowledge of U.S. history and government.
Moral character: Good moral character for 3 years before filing until the time of naturalization.
Attachment to principles: Support the U.S. Constitution and be well-disposed to the country’s good order and happiness.

4. Good Moral Character (GMC) Period

The statute doesn’t specify a GMC period for spouses working abroad but USCIS uses the 3-year GMC period for spouses of U.S. citizens living in the U.S.

B. Marital Union Requirements

Unlike other provisions, spouses of U.S. citizens working abroad don’t need to live in marital union with their spouse. But they must:
- Be in a valid marriage.
- Live abroad with their spouse and return to the U.S. when the employment ends.

C. Qualifying Employment Abroad

The U.S. citizen spouse must be employed abroad in one of the following:

U.S. Government (including military).
Recognized American institutions conducting research.
U.S.-based companies involved in foreign trade or commerce.
Public international organizations where the U.S. is a participating member by treaty or statute.
Religious organizations as a minister or missionary affiliated with a U.S. denomination.

The employment must be documented with contracts or official orders.

D. What does “Regularly Stationed Abroad” mean?

The citizen spouse must be stationed abroad for at least 1 year.
USCIS counts this period from the date of filing.

Key Points

Even if less than 1 year of qualifying employment remains at the time of interview or oath, the spouse is eligible as long as the employment was for at least 1 year at the time of filing.
The applicant must show this employment duration with evidence.

E. Exceptions to Continuous Residence and Physical Presence

Spouses of U.S. citizens working abroad can file for naturalization as soon as they get LPR status. They are:

Exempt from residence requirements: No 3-5 year residence requirement.
Exempt from physical presence requirements: No days in the U.S. required.

F. Examination and Oath in the U.S.

Applicants must:

Be physically present in the U.S. as an LPR during:
The naturalization interview.
The Oath of Allegiance ceremony.

G. Application and Evidence Requirements

1. Application Process

File Form N-400 (Application for Naturalization).
Choose “Other” eligibility category and select INA 319(b) for spouses of U.S. citizens working abroad.

2. Evidence of Citizenship

Show proof of the U.S. citizen spouse’s citizenship:

U.S. birth certificate.
Certificate of Naturalization or Citizenship.
Valid U.S. passport.
Consular Report of Birth Abroad (FS-240).

If primary evidence is not available, secondary evidence may be accepted with explanation.

3. Evidence of Employment

Document the U.S. citizen spouse’s qualifying employment:

Employer’s name and type of business.
Proof of U.S. ownership or interest in the company.
Job description and length of time abroad.

4. Statement of Intent

The applicant must state:

Will reside abroad with the U.S. citizen spouse.

Will return to the U.S. when the spouse’s employment abroad ends.

Additional Tips

Plan ahead: Get all your documents in order early to avoid delays.
Consult an expert: If your situation is unusual, consider an immigration lawyer.
Plan your travel: Make sure you can be physically present in the U.S. for the interview and oath.

This guide makes the naturalization process for spouses of U.S. citizens working abroad easy to understand and follow.

Conditional Permanent Resident Spouses and Naturalization

What is Conditional Permanent Residency?

Since 1986, some spouses of U.S. citizens have been admitted to the U.S. as lawful permanent residents on a conditional basis for 2 years. This is to ensure the marriage is not a sham to get around the immigration laws.

To become a full permanent resident, the Conditional Permanent Resident (CPR) must:

File a Petition to Remove Conditions on Residence (Form I-751) with their petitioning spouse.
File the petition with U.S. Citizenship and Immigration Services (USCIS) within the 90-day period before the 2nd anniversary of their CPR status.

Approval of the petition shows the marriage is real and ongoing.

Key Requirements to Remove Conditions

To remove the conditions, the CPR must show:

The marriage is valid: The relationship meets legal requirements and was not entered into fraudulently.
The marriage is intact: Has not been annulled or terminated.
The marriage was not for immigration purposes: Was not entered into to get immigration benefits.

Without an approved petition to remove conditions, naturalization as a U.S. citizen is not possible. However, there are exceptions for CPRs who:

Are married to a U.S. citizen employed abroad, or
Qualify based on military service.

CPR Spouses Who Must Have an Approved Petition Before Naturalization

In most cases, CPRs must have an approved petition to remove conditions before USCIS processes their naturalization application. This is when:

Pending Petitions: The CPR’s petition to remove conditions is still pending when they file their naturalization application.
90-Day Filing Period: The CPR is in the 90-day window to file Form I-751 before naturalization.

Scenarios Involving Form I-751 and Naturalization

1. CPRs in the 90-Day Filing Period

In most cases, the 90-day period for Form I-751 will pass before the CPR can naturalize. But there are exceptions:

Spouses of U.S. citizens employed abroad.
Late filing of Form I-751 allowed in some cases.

In these cases:

The CPR must file the petition to remove conditions.
USCIS will adjudicate the petition before or with the naturalization application.

2. Pending Petitions and Naturalization Applications

If a CPR’s Form I-751 is pending during their naturalization process:

USCIS will adjudicate the petition to remove conditions first or concurrently with the naturalization application.
Naturalization cannot be approved until the petition to remove conditions is approved.

3. Failure to File or Denial of Petition

If the CPR fails to file Form I-751 or the petition is denied, their conditional status is terminated and they may be placed in removal proceedings. They will also be barred from naturalization.

CPR Spouses Who Can Naturalize Without Filing Form I-751

In some cases, CPR spouses can naturalize without filing a petition to remove conditions. These are:

1. CPRs Filing Based on Qualifying Military Service

CPRs who serve honorably in the U.S. military during designated periods of hostilities can:

Naturalize without being lawfully admitted as a permanent resident.
Skip the requirement to remove conditions on their residency.

This is because of their military service.

2. CPRs Filing as Spouses of U.S. citizens employed abroad

A CPR married to a U.S. citizen employed abroad may:

Naturalize without meeting specific residence or physical presence requirements.
Naturalize without filing Form I-751 if:
They have been a CPR for less than 1 year and 9 months.
They don’t reach the 90-day window to file Form I-751 before taking the Oath of Allegiance.

Although Form I-751 is not required, such CPR spouses must still show that:

The marriage is valid under the laws where it was entered into.
The marriage is still intact.
The marriage was not entered into fraudulently for immigration purposes.
No improper payments were made for the visa petition (except for attorney fees).

USCIS will not approve the naturalization application unless these conditions are met.

Special Circumstances for CPR Spouses of Investors

For CPR spouses admitted through the EB-5 investor program or as dependents of investors:

USCIS will adjudicate the petition to remove conditions before approving the naturalization application.

In summary:

CPR spouses need an approved Form I-751 to naturalize, except for military service and U.S. citizens employed abroad.
Failure to file or denial of Form I-751 will terminate CPR status and put them in removal proceedings.
Exceptions exist but still require proof of a valid, bona fide marriage.

By following these rules and requirements, CPR spouses can become full permanent residents and eventually U.S. citizens.

Citizenship for Children Born Abroad

This chapter is a straightforward guide to U.S. citizenship laws for children born outside the United States. It covers how children can acquire citizenship at birth or later in life and provides step-by-step instructions to make it easy to understand. Here’s what you need to know:

1. Purpose

U.S. laws allow children to acquire citizenship in ways other than being born in the United States. These are:

Citizenship at Birth: Children born abroad to U.S. citizen parents may acquire citizenship automatically.
Citizenship After Birth: Children, including adopted, may acquire citizenship later through their U.S. citizen parent(s) as long as they meet certain conditions before they turn 18.

Key terms:

Acquisition of Citizenship means getting citizenship at birth.
Derivation of Citizenship usually means getting citizenship after birth through a parent’s naturalization. But modern laws often combine these under “acquisition of citizenship.”

To qualify, the child must:

Be a “child” under U.S. law.
Be under 18 years old at the time of acquiring citizenship.

2. Background

Eligibility for U.S. citizenship depends on the laws in effect at the time of the child’s birth or subsequent events. Here are the key points:

Laws at Birth

A child’s citizenship depends on whether at least one parent was a U.S. citizen at the time of the child’s birth.
The parent(s) must meet specific residence or physical presence requirements in the United States before the child’s birth.

Changes Over Time

Pre-1978: U.S. citizens born abroad to one U.S. citizen parent had to meet physical presence requirements to keep their citizenship.
1978 Revision: Physical presence requirements were removed and citizenship became simpler for children born abroad.
2001 Child Citizenship Act (CCA):
- Simplified automatic citizenship after birth for children under 18.
- Introduced naturalization for foreign-born children outside the U.S. (INA 322).

3. Acquisition of Citizenship

Here are the pathways to U.S. citizenship for children born abroad:

INA Section	Parental Status	Residency/Physical Presence Requirements	When Citizenship is Acquired
301(c)	Both parents are U.S. citizens	At least one parent resided in the U.S. before the child’s birth	At birth
301(d)	One parent is a U.S. citizen; the other is a U.S. national	U.S. citizen parent physically present in the U.S. for 1 year before the child’s birth	At birth
301(g)	One parent is a U.S. citizen; the other is a noncitizen	U.S. citizen parent physically present in the U.S. for 5 years (2 after age 14) before the child’s birth	At birth
301(f)	Unknown parentage	Child found in the U.S. under age 5	At birth
309(a)	Born out of wedlock to a U.S. citizen father and a noncitizen mother	Based on INA 301(e) or INA 301(g) provisions	At birth
309(c)	Born out of wedlock to a U.S. citizen mother and a noncitizen father	U.S. citizen mother continuously present in the U.S. for 1 year before birth (before June 12, 2017); for later births, 5 years (2 after age 14)	At birth
320	At least one parent is a U.S. citizen	Child resides in the U.S. as a lawful permanent resident	When all conditions are met before age 18
322	At least one parent is a U.S. citizen	Child resides outside the U.S.; parent or grandparent must meet U.S. physical presence requirements	When the oath is administered

Repealed Provision

INA 321: This section was repealed in 2001. Previously, it allowed children to acquire citizenship through naturalization of both parents (or one parent in certain cases).

4. Relevant Laws

These laws govern acquisition and derivation of citizenship:

INA 101(c): Defines “child” for citizenship purposes.
INA 301: U.S. nationals and citizens at birth.
INA 309: Children born out of wedlock.
INA 320: Children in the U.S. permanently.
INA 322: Children outside the U.S. with U.S. citizen parents.

5. More Information

Adopted Children: Special rules apply for adopted children. See INA 320 and 322.
Military Families: Residence requirements may be different for children of U.S. government employees or military members stationed abroad.
Historical Variations: Prior laws may apply to children born before 1978 and 2001.

U.S. citizenship laws offer several ways for children born outside the U.S. to acquire citizenship. Knowing these provisions and the changes in the law is key. See the INA sections above for more information and consult with an attorney if needed.

Child and Residence for Citizenship and Naturalization

A. What is a Child

The term “child” means different things under the Immigration and Nationality Act (INA) depending on the context. You need to know the difference between these definitions as they apply to citizenship and naturalization versus other immigration processes.

Definitions of “Child”

For visa purposes: Includes children eligible for visa petitions and benefits.
For citizenship and naturalization: Has stricter criteria, excludes stepchildren unless they meet specific adoption requirements.

Important Note on Stepchildren

Visa Eligibility: Stepchildren are children for visa purposes if there is a valid stepparent relationship.
Citizenship and Naturalization: Stepchildren do not qualify unless:
- The stepparent adopts the stepchild.
- The adoption meets INA’s requirements.

General Requirements

To acquire citizenship after birth, the child must:

Be under 18.
Be unmarried.

Types of “Child” for Citizenship

Child of a U.S. Citizen Mother:

The child must be one of the following:

Genetic Child: Recognized as the legal child of the U.S. citizen mother.
Adopted Child: Including orphan and Hague Convention adoptees.
Non-Genetic Gestational Child: The U.S. citizen mother must:
- Have given birth to the child.
- Be recognized as the parent.
Child of a Legal Marriage: If the U.S. citizen mother was married to the child’s genetic or gestational parent at birth and is recognized as a parent by the jurisdiction.

Child of a U.S. Citizen Father:

The child must be one of the following:

Legitimated Child: Recognized as the legal child of the U.S. citizen father.
Adopted Child: Including orphan and Hague Convention adoptees.
Child of a Legal Marriage: The U.S. citizen father must be married to the child’s genetic or gestational parent and recognized as a parent.
Child Born Out of Wedlock: Must meet INA 309 requirements, including proof of legitimation or acknowledgment of paternity.

Legal Parental Recognition:

For citizenship purposes, “parent,” “mother,” or “father” means:

Genetic Child: Shares DNA with the parent.
Gestational Parent: Carried and gave birth to the child and is recognized as the parent.

In most cases, a birth certificate issued by the proper authority is sufficient evidence of the parent-child relationship unless disputed by other evidence.

B. Legitimation of a Child

Legitimation means placing a child born out of wedlock in the same legal status as a child born in wedlock. It is mainly applicable to father-child relationships.

Requirements for Legitimation:

Legal Recognition: The child must be legitimated under the laws of:
- The child’s residence or domicile.
- The father’s residence or domicile.
Age Requirement: Legitimation must occur before the child:
- Turns 16 (in most cases).
- Turns 18 or 21, depending on the citizenship provision.
Custody: The child must be in the legal custody of the legitimating parent(s).

Special Cases for Gestational Mothers:

Non-genetic gestational mothers may need to formalize their legal relationship post-birth. The legal recognition generally goes back to the child’s birth unless otherwise stated by jurisdiction.

USCIS will review each case to determine if the child is legitimated and meets the citizenship requirement.

C. Adopted Children

To be an adopted child for citizenship:

Must meet the requirements in INA.
Must be a full, final and complete adoption.

Types of adopted children:

Family-based adoptions.
Orphan adoptions.
Hague Convention adoptions.

D. Children Born Through Assisted Reproductive Technology (ART)

ART means medical procedures that involve handling eggs, sperm or embryos outside the body to achieve pregnancy.

ART Facts:

Gestational parents can carry a child without a genetic link (e.g. using donor eggs or sperm).
Legal parentage is determined by the jurisdiction’s recognition at the time of the child’s birth.

ART and U.S. Citizenship:

A child may be a U.S. citizen if:
- The gestational parent is a U.S. citizen and recognized as a parent.
- The child meets all the requirements under the applicable citizenship or naturalization provision.
Post-Birth Legal Recognition: In some cases, additional steps may be required to formalize parentage after birth. This recognition generally goes back to the child’s birth unless otherwise stated.

E. Residence and Physical Presence for Citizenship

Definitions:

Residence: The principal, actual dwelling place in fact (not intent).
Physical Presence: The actual time spent in the United States, regardless of residence.

Examples of Residence vs. Physical Presence:

Scenario	Physical Presence	Residence
Parent owns a home abroad but visits U.S. for 6 weeks.	6 weeks	No U.S. residence
Parent attended summer camps for 3 years.	6 months	No U.S. residence
Parent worked in the U.S. 9 months/year for 8 years.	9 months/year	U.S. residence established

Special Cases:

U.S. Citizens Born Abroad: A U.S. citizen born in the U.S. but never lived there cannot pass citizenship to their children.
Government Employees or Armed Forces: Children born abroad to these parents may be exempt from residence requirements under INA 320.
Temporary Stays or Commuting: Short visits or daily commutes to the U.S. do not establish residence.
School Attendance: Extended school stays may be considered residence based on the circumstances.
Property Ownership: Owning U.S. property does not establish residence unless the person lived there.

Evidence for Residence or Physical Presence

To prove residence or physical presence, use:

Marriage certificates with U.S. addresses.
Property leases or deeds.
Utility bills.
Employment or tax records (e.g. W-2 forms).
School or military records.
Vaccination and medical records.

This outline is a tool to help you understand and navigate the citizenship and naturalization process. Individual cases may vary, consult with a lawyer or USCIS for more information.

U.S. Citizenship at Birth: A Guide

This guide covers the basics of U.S. citizenship at birth, including special cases for children born in and out of wedlock and the documents needed to prove citizenship. The content is organized into easy to follow sections.

General Requirements for Citizenship at Birth

A person is a U.S. citizen at birth if:

Born in the United States: Individuals born in U.S. territory and subject to its jurisdiction (including children of aboriginal tribes like Indian, Eskimo, and Aleutian) are citizens at birth.
Born Outside the U.S.: Citizenship can be acquired if:
- The person is a child of a U.S. citizen parent(s).
- The U.S. citizen parent meets specific residence or physical presence requirements in the U.S. before the child’s birth.
- All other INA 301 or 309 requirements are met.

Key Changes

October 10, 1978 Act removed retention requirements for those born after October 10, 1952 but those born before may still be subject to earlier rules. Officers may investigate parent or grandparent citizenship to verify claims.

Citizenship: Born in Wedlock vs. Out of Wedlock

A. Born in Wedlock

To prove citizenship, the child’s legal parents must be married at the time of birth. At least one parent must have a genetic or gestational relationship to the child.

Requirements for Citizenship:

Child born to married legal parents.
At least one parent meets the residence or physical presence requirements in the U.S. before the child’s birth.

Examples of In-Wedlock:

Legal genetic and gestational mother + legal genetic father: In wedlock.
Legal gestational mother + legal non-genetic parent: In wedlock.
Legal genetic father + non-legal parent: Out of wedlock.

B. Born Out of Wedlock

Additional requirements apply when a child is born out of wedlock depending on whether citizenship is claimed through the mother or father.

Child of U.S. Citizen Father

To claim citizenship through the father:

A blood relationship must be established by proof.
Father was a U.S. citizen at the child’s birth.
Father agrees in writing to support the child until age 18.
Paternity is established through legitimation, acknowledgment under oath or court adjudication before the child turns 18.

Physical Presence Requirement: Father must meet residence requirements in INA 301.

Acceptable Documentation:

Affidavit of support.
DEERS (Defense Enrollment Eligibility Reporting System) enrollment.
Court ordered paternity determination.

Child of U.S. Citizen Mother

Rules vary by birth date:

Before June 12, 2017: Mother must have been physically present in the U.S. for 1 year before the child’s birth.
After June 12, 2017: Mother must have been physically present in the U.S. for at least 5 years, 2 years after age 14.

Child of Two U.S. Citizen Parents

Both parents are U.S. citizens, child inherits citizenship from either parent individually based on INA requirements.

Physical Presence and Residence Requirements

U.S. citizen parent(s) must meet residence or physical presence requirements in the U.S. for the child’s birth date. Key rules:

Two U.S. Citizen Parents: At least one parent must have been a resident in the U.S. or its outlying possessions.
One U.S. Citizen and One Noncitizen Parent: U.S. citizen parent must have been physically present in the U.S. for at least 5 years (2 of which must be after age 14).
U.S. Citizen and U.S. National Parent: Citizen parent must have been physically present for 1 continuous year.

Application for Certificate of Citizenship (Form N-600)

A person born outside the U.S. who acquired citizenship can file Form N-600 for a Certificate of Citizenship. This is the official proof of citizenship.

Application Process:

File Form N-600 with supporting documents (e.g. birth certificates, parent’s documents).
Attend an interview if required, unless waived due to sufficient documentation.
If approved, take the Oath of Allegiance (waived for children under 14).

Alternative Evidence:

A U.S. passport or Consular Report of Birth Abroad (CRBA) is also proof of citizenship.

Discrepancies and Appeals

If USCIS finds a problem with the application it will:

Deny the application and send a written explanation with appeal information.
Request the revocation of a U.S. passport or cancellation of a CRBA if obtained fraudulently.

Appeal Process: You can appeal within 30 days (or 33 days if mailed).

Supreme Court Case: Sessions v. Morales-Santana

This 2017 case addressed unequal physical presence requirements for unwed U.S. citizen mothers vs. fathers. After the decision:

5 year physical presence requirement (2 years after age 14) applies to both for births after June 12, 2017.
1 year continuous presence rule applies to births before this date.

Interview and Oath Requirements

Interview Waiver:

The interview may be waived if:

Documentation is already on file.
A U.S. passport or CRBA is submitted with the application.

Oath Waiver:

For children under 14 or unable to understand the Oath of Allegiance, the Oath is waived and the certificate is issued.

Citizenship Acquisition Scenarios

Parents’ Citizenship	Child’s Birth Date	Physical Presence Requirement
Two U.S. Citizen Parents	After November 14, 1986	One parent resided in the U.S.
U.S. Citizen Parent + Noncitizen	Before June 12, 2017	1 continuous year (mother); 5 years with 2 after 14 (father).
U.S. Citizen Parent + Noncitizen	After June 12, 2017	5 years with 2 after 14 (both parents).

Now that you know these rules, you can better document U.S. citizenship acquired at birth.

Automatic Acquisition of Citizenship After Birth (INA 320)

The process of acquiring U.S. citizenship after birth is governed by specific laws and regulations. This chapter simplifies and expands on those rules so you can navigate INA 320 effectively.

Child Citizenship Act of 2000 (CCA)

The Child Citizenship Act (CCA) of 2000 simplified the process of automatic citizenship under INA 320 by creating one statutory path. The provisions apply to children born on or after February 27, 2001.

General Requirements for Automatic Citizenship

A child born outside the U.S. automatically becomes a U.S. citizen if all the following apply:

Parent’s Citizenship: The child has at least one parent who is a U.S. citizen by birth or naturalization (this includes adoptive parents).
Age: The child is under 18.
LPR: The child has LPR status.
Residency in the U.S.: The child is in the legal and physical custody of their U.S. citizen parent in the United States.

Notes

The order in which these requirements are met does not matter as long as all are met before the child’s 18th birthday.
The burden of proof is on the applicant to prove by a preponderance of the evidence (more likely than not).

Legal and Physical Custody

1. Legal Custody

Legal custody means the care and control of a child. It is determined by:

Jurisdictional laws,
Court orders,
Or presumptions based on specific parental situations.

How Legal Custody is Determined

Parents Are Married:
- USCIS assumes both married parents have legal custody unless there is evidence to the contrary.
Child Living with a Surviving Parent:
- If one parent is deceased, the surviving U.S. citizen parent has legal custody.
Child Born Out of Wedlock:
- If the parents were never married, the parent with whom the child resides (or resided before age 18) has legal custody.
- For U.S. citizen fathers, the father must have legitimated the child for legal custody to apply.
Divorce or Legal Separation:
- The U.S. citizen parent granted primary care and control of the child by a court has legal custody.
- If the custody order is silent or unclear, actual uncontested custody (where the child resides with the U.S. citizen parent) can establish legal custody.
Joint Custody:
- If both parents share custody by court order, USCIS considers both parents to have legal custody.
Adopted Child:
- The child lives with an adoptive parent who has a final adoption decree.

Private Custody Agreements

Private agreements between parents do not establish legal custody unless supported by state law or a court order.

Nunc Pro Tunc (Retroactive) Custody Orders

Retroactive custody orders issued after the child’s 18th birthday are not valid for INA 320 purposes.

Case-by-Case Situations

USCIS may consider other situations on a case-by-case basis to determine legal custody.

2. Physical Custody

Physical custody means a real connection between the U.S. citizen parent and the child. This means the child must live with the U.S. citizen parent.

Evidence for Physical Custody

Applicants must show the child lived with the U.S. citizen parent before their 18th birthday. Evidence includes:

Matching Addresses: Parent’s and child’s addresses match on official records (e.g., applications or forms).
School Records: Child’s address matches parent’s residence.
Medical Records: Health documents list parent’s address as child’s residence.
Tax Records: Federal income tax transcripts list child as dependent.
Affidavits:
- From the U.S. citizen parent, stating the time period the child lived with them.
- From the non-citizen parent, stating the child resided with the U.S. citizen parent.

Each case is reviewed individually if circumstances are different from above.

Special Circumstances

Children of Military or U.S. Government Employees

Children of U.S. citizen parents who are stationed overseas for military or government work may meet the residency and custody requirements through other means. See USCIS guidelines for details.

Summary

To automatically acquire U.S. citizenship, children born outside the United States must:

Be under 18.
Have a U.S. citizen parent (biological or adoptive).
Be a LPR.
Live in the legal and physical custody of their U.S. citizen parent.

Citizenship for Children of Armed Forces Members or U.S. Government Employees

The Citizenship for Children of Military Members and Civil Servants Act of 2020 added INA 320 to cover children of:

U.S. Armed Forces members stationed outside the U.S.
U.S. government employees stationed abroad.
Spouses of military members or government employees stationed abroad.

Requirements for Children Outside the U.S.

The child must:

Be an LPR.
Be in the legal and physical custody of their U.S. citizen parent.
Have official orders to accompany their parent outside the U.S. (for military families).

The date of acquisition is when all conditions, including official orders, are met.

Citizenship before the Child Citizenship Act of 2000

For individuals 18 or older on February 27, 2001, INA 320 does not apply. Instead, former INA 321 applies to their citizenship eligibility. Requirements under INA 321 are:

Parental Naturalization: Both parents (or one under certain conditions) must naturalize.
Age: The child must be under 18 at the time of parental naturalization.
Residency: The child must be an LPR in the U.S. at the time of naturalization.

Apply for a Certificate of Citizenship (Form N-600)

Filing the Application

Proof of citizenship is not required but individuals can request documentation by filing Form N-600. Information to include:

Eligibility: Individuals 18 or older can file on their own. A parent or guardian must file for minors.
Fee Waivers: No filing fee for current or former U.S. Armed Forces members filing on behalf of their children.

Documents to Submit

Birth certificate.
Evidence of U.S. citizenship of parent (e.g., passport, naturalization certificate).
Proof of legal and physical custody.
LPR documentation (e.g., green card).

Adjudication

USCIS will issue a Certificate of Citizenship if all requirements are met. Oath of Allegiance may be required except for children under 14 where it is usually waived.

Additional Documents and Supporting Evidence

Applicants may need to submit:

Marriage and divorce certificates of parents, if applicable.
Adoption decrees.
Military orders, if applicable.
Proof of name changes, if applicable.

Passport and Consular Report of Birth Abroad (CRBA)

As proof of citizenship:

A valid U.S. passport issued by the Department of State (DOS).
A Consular Report of Birth Abroad (CRBA) for children born overseas.

These documents can be used as evidence of U.S. citizenship and can accompany or replace a Certificate of Citizenship.

Denials, Appeals and Revocations

If an application is denied, applicants will receive a written notice with reasons and appeal rights. If fraud or error is suspected in the citizenship claim (e.g., using a fake passport or CRBA), USCIS will coordinate with DOS for revocation.

Interview and Oath Requirements

Interviews: USCIS may not require an interview if sufficient evidence is already submitted.
Oath of Allegiance: Usually waived for children under 14.

This guide is meant to make the process of acquiring U.S. citizenship under INA 320 easier to understand and help parents, guardians and individuals.

Children Born Abroad Guide

The Child Citizenship Act of 2000 (CCA) amended the Immigration and Nationality Act (INA) to provide a way for foreign born children who do not acquire U.S. citizenship under INA 320 and reside outside the United States with a U.S. citizen parent. Below we will outline the requirements and process step by step.

A. Murder

1. Nazi Persecutions

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Many questions arise for all dual citizens in the nation. Here are some helpful answers to all these frequently asked questions considering real-world issues.

What happens if a dual citizen is required to serve in the military of both countries during a war?

U.S. law requires all male citizens to register with the Selective Service System, which can lead to mandatory military service if drafted. If a dual citizen’s other country also requires military service, they are in a tough spot. Consult with lawyers in both countries to navigate this.

Are dual citizens traitors during a conflict?

During the war, a dual citizen may be accused of dual loyalty or even treason. This is a tricky issue that requires legal and personal consideration. The U.S. expects its citizens to owe allegiance to it, but the dual national’s other country may have similar expectations.

How does dual citizenship affect consular protection during conflicts?

U.S. dual nationals may have limited consular protection. If detained in the country of their other nationality, U.S. consular officers may be unable to assist. For example, if a U.S. dual citizen is in a country with which the U.S. has strained relations, getting help from the U.S. embassy may be tricky.

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