Return to Immigration Law

In order to qualify for naturalization, you must qualify for the following:

Residency: After receiving lawful permanent residency (or conditional residency) the applicant must have continuously resided in the United States for at least five (5) years and at least one half of this period the applicant must have been physically in the US or having obtained residency through marriage to a US citizen for at least three (3) years and must have been physically present in the US for at least half of this period of time.

If the person served in the US Armed forces who is a lawful permanent resident (LPR) with at least 3 years of residency and at least one half of this time the applicant must have been physically in the US or in the service of the armed forces and you are either on active duty or filing within 6 months of honorable discharge or the applicant served during a period of recognized hostilities and enlisted or re-enlisted in the US (you do not need to be a LPR) and the applicant must have resided continuously in the State in which the petition is filed for at least six months immediately preceding the filing of the petition for naturalization. Furthermore, continuous residency in the US from the date petition is filed up at the time of admission to citizenship.

Absences out of the US: Absences from the US of six (6) months or less does not affect the continuous residence. If the absence is greater than six (6) months but less than one year there is a presumptive break of residency, but the applicant can overcome this presumption by establishing that he did not abandon his US residence. An absence of over one year absolutely breaks the continuity of residence unless the applicant is employed by certain institutions or religious organizations.

Reading and Writing Simple English:

All applicants must meet this requirement except for these exceptions: (1) persons who are physically ill and because of a disability such as deafness, blindness, or paralysis and (2) persons who are over fifty years old on the date of filing and have lived in the US for a total of 20 years after receiving the residency; (3) persons who are over 55 years of age and have had their residency for over 15 years on the date of filing; (4) they have passed this test when they received their residency through amnesty.
Good Moral Character: Good moral character must be shown for the required period of residence.

U.S. History/Civics Exam: Unless disabled, everyone has to take a test to establish that they have a fundamental knowledge of US history and government.

Our firm can determine if you qualify for naturalization, qualify for any exemptions, prepare the application for you, file it, prepare you for the interview, and attend the interview.

Appeal: An applicant can take the test 2 times, if the applicant fails 2 times, an appeal may be filed and another interview scheduled.

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