Eligibility for U.S. Citizenship
A number of criteria must be reviewed to determine if someone is eligible to apply for U.S. citizenship. As a starting point, the applicant must be a lawful permanent resident (LPR) and at least 18 years old. There are limited exceptions to this rule, including honorable military service during times of war or officially declared hostilities. However, the basic rule is LPR status and 18 years of age. There are also limited exceptions to other basic naturalization requirements, which are beyond the scope of this article.
Continuous Residence Requirement
To be eligible for naturalization after obtaining LPR status, a person must demonstrate continuous residence in the United States for five years prior to applying. This period is reduced to three years for individuals married to U.S. citizens or those who obtained LPR status through marriage but were abused by their spouse.
Except in abuse cases, to qualify for the three-year rule, the applicant must have been married to and living with the U.S. citizen spouse for the past three years, and the spouse must have been a U.S. citizen during that time. This three- or five-year timeframe is referred to as the statutory period. The applicant must maintain continuous residence in the U.S. from the time of application through the oath ceremony.
Physical Presence
Continuous residence does not mean the applicant must be physically in the U.S. for the entire statutory period. Three key requirements apply:
- The applicant must have been physically present in the U.S. for at least half of the statutory period (five or three years) prior to filing the application.
- No single trip outside the U.S. may last one year or more. Trips of this length automatically break the physical presence requirement. A re-entry permit does not override this.
- Trips lasting more than six months but less than a year are presumed to disrupt continuous residence, though this can be rebutted with appropriate evidence.
It is safest to limit trips outside the U.S. to under six months to avoid complications. This rule applies until the oath ceremony.
State Residency Requirement
The applicant must reside in a specific U.S. state for at least three months before applying in that jurisdiction. Proof of residence can include a state-issued ID, lease agreement, bank statements, tax returns, and similar documents.
Good Moral Character
Every applicant must demonstrate good moral character during the statutory period and up to the oath ceremony. USCIS may also review conduct before the statutory period.
Issues that affect moral character include criminal records, failure to support children, and failure to register for Selective Service (if required). Applicants with criminal backgrounds should consult an immigration attorney before applying.
Child Support
If the applicant has minor children not living with them, they must provide evidence of adequate financial support, such as child support orders, payment records, or affidavits.
Selective Service
Male LPRs and U.S. citizens between 18 and 26 must register for Selective Service. Failure to do so may negatively impact eligibility unless the applicant can show it was unintentional or due to age of entry.
Legal Barriers
Legal impediments include subversive activities, significant affiliation with the Communist Party, desertion during wartime, pending removal proceedings, or requesting exemption from Selective Service based on non-citizenship.
Timing
All requirements must be met at the time of filing and continue to be met through the oath ceremony. The oath may be held on the same day as the interview or several months later.
Interview Requirements – English Language
The applicant must demonstrate basic English proficiency in speaking, reading, and writing. Reading and writing are tested using standard USCIS phrases. The applicant must correctly read and write one of three sentences.
Interview Requirements – Civics/History
The applicant must demonstrate knowledge of U.S. history and civics. USCIS provides a list of 100 possible questions. Ten questions are asked during the interview, and six must be answered correctly to pass. Study materials are available on the USCIS website.
Applicants who fail may retake the test within 90 days without reapplying. Some may be exempt from English or civics tests based on age, residency duration, or disability.
Conclusion
For many lawful permanent residents, U.S. citizenship is an achievable goal. While the process may be simple for some, it can be complex for others. Those with eligibility concerns should consult a qualified immigration attorney.
