Courtesy of the Immigrant Legal Resource Center
Requirements for Becoming a U.S. Citizen Through "Naturalization"
To qualify for naturalization, you must:
- Be at least 18 years old.
- Be a lawful permanent resident (have a "green card") for five years. If you're married to a U.S. citizen, you may need to be a lawful permanent resident for only three years.
- Have good moral character. This means not having certain problems with the police or other authorities. Look at the "Red Flag Problem Situations" information below.
- Be able to speak, read, and write English at a basic level. There are exceptions for older people. You do not have to know English if you apply for naturalization when:
- You are 55 years or older and have had a green card for 15 years;
- You are 50 years or older and have had a green card for 20 years; or
- You apply for a waiver showing you have a mental or physical disability that can make you unable to learn English or pass the U.S. history and civics exam.
- Be able to pass a test on U.S. history and government. Note: If you have a mental or physical disability that can make you unable to learn English or pass the U.S. history and civics exam, you can apply for a waiver.
- Not have left the U.S. for long periods of time in the last five years (or three years if applying as the spouse of a United States citizen). Look at the "Red Flag Problem Situations" information below.
- Swear that you are loyal to the United States.
Red Flag Problem Situations
If any of these things are true about you, you must see an expert in immigration law before applying for naturalization. Be honest and try to remember if you had any of these problems in the past:
- You made trips out of the U.S. for more than six months.
- You moved to another country since getting your green card.
- You're in deportation or removal proceedings OR you've ever been deported or removed.
- You've helped or provided support (including financial) to a group that attacked others or attempted to overthrow another country's government.
- You ever failed to file federal, state, or local taxes or you owe taxes.
- You haven't supported your children, or you owe child support.
- You're male and did not register for the Selective Service between the ages of 18 and 26.
- You're on probation, parole, or a suspended sentence for a criminal conviction.
- You have contradictory information on your application.
- You lied or committed fraud to get your green card OR you weren't originally eligible for your green card when you got it.
- You left the United States for 30 days or more while you were receiving public benefits.
- You've been arrested or convicted of a crime or you've committed a crime.
- You lied or committed fraud to receive or to continue to receive public benefits.
- You helped someone enter the U.S. illegally, even if it was a relative.
- You ever claimed to be a U.S. citizen but weren't a U.S. citizen.
- You've been charged with committing domestic violence, child abuse, or child neglect.
- You've voted illegally in the U.S. or registered to vote in the U.S. and weren't eligible to.
- You've made a living through illegal gambling.
- You've been involved in prostitution.
- You've been a habitual drunkard, a drug abuser, or a drug addict. (Warning on marijuana: Even though marijuana is legal in some states, immigrants can face severe penalties—including denial of naturalization—if they admit that they ever used marijuana or worked in the marijuana industry.)
Having any of these problems doesn't necessarily mean you can't apply for naturalization, but you should talk to an expert before you apply so you'll know whether you have a problem and how you can best explain the problem to the Immigration Service.
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