Citizenship – “the common thread that connects all Americans,” according to USCIS – and civic duty are on our minds as we come out of Memorial Day Weekend, so we wanted to provide some general information about naturalization (the process by which one becomes a U.S. citizen). If you’ve been following U.S. politics even remotely for the last eight years or so, your eligibility to vote this fall may already be on the top of your mind. And if you’re wondering if you could still become a U.S. citizen in time to vote in the 2024 elections, our answer is… yes! At least, it’s possible, if USCIS continues to process naturalization applications as expeditiously as we’ve observed the last few months.
Basic Eligibility Requirements
Permanent Resident Status
The eligibility requirements for naturalization vary depending on your personal circumstances, but generally require an applicant to have been a lawful permanent resident (LPR) of the U.S. for five years. If you’re married to a U.S. citizen (and you have been living together as a married couple), you may be eligible for naturalization once you’ve been an LPR for only three years. For those who have served in the U.S. military, there are other special provisions that may apply. If you have children under the age of 18, they may acquire U.S. citizenship through you, once you become a citizen.
Continuous Residence and Physical Presence
Most applicants must also meet requirements related to physical presence and continuous residence in the United States. These are separate but related concepts that basically require you to have been both, well, physically present (located in the U.S.) for a certain period of time, as well as to have maintained your actual permanent residence (the place where you live) inside of the U.S.
If you have spent an extended period outside the U.S. since becoming a permanent resident, you may be found to have broken the continuity of your residence for purposes of naturalization so that even if you have been an LPR for the required period of time, you may not yet be eligible to naturalize. If you are planning to depart the U.S. for an extended period and are looking ahead to your future eligibility to naturalize, you may be eligible to file an application to preserve your continuous residence for naturalization (you may also want to apply for a re-entry permit to hedge against a finding of green card abandonment, but this is a topic unto itself). In these circumstances, we urge you to consult with an immigration attorney prior to your departure.
Good Moral Character
In order to become a U.S. citizen, you must be able to demonstrate that you have been (at least for the required three or five-year period immediately prior to your application) – and will continue to be (at least until you take the Oath of Allegiance) – a person of “good moral character”. The inquiry into good moral character is what lawyers like to call a “totality of the circumstances” test, whereby USCIS will weigh all factors – favorable and unfavorable – to determine whether they believe you meet the standard. Relevant factors include criminal history, family ties, education and employment, community involvement, overall credibility, etc. The main takeaway here is that if you’ve had any criminal issues in the past, you’ll want to discuss your eligibility for naturalization with an attorney.
English and Civics Requirements
As part of the naturalization process, you will be required to demonstrate basic proficiency in the English language (i.e., you’ll need to show that you can read, speak, and write basic English). You will also need to pass a civics test, where you will be expected to demonstrate a basic knowledge of the history and government of the U.S. USCIS does provide exceptions and modifications to these requirements for certain applicants based on their age and duration of permanent resident status. It is also possible to seek an exception to these requirements for medical reasons by submitting Form N-468, which must be certified by a licensed medical professional.
Interview and Oath of Allegiance
After submitting your Naturalization Application, you will be scheduled for an in-person interview at your local USCIS field office. Once the application is approved, you will be scheduled to attend a naturalization ceremony, where you will be required to take the Oath of Allegiance. USCIS outlines the rights and responsibilities you will then have as a U.S. citizen here, which include voting and applying for a U.S. passport.
We hope this has been helpful, and as always, please keep in mind that this post is for informational purposes only and is not intended to be used as legal advice. There are many complexities that may arise based on your individual circumstances, so we always recommend consulting with an experienced immigration attorney.
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