Naturalization: Frequently Asked Questions

Naturalization is the process in which U.S. citizenship is granted to a green card holder after meeting certain requirements established in the Immigration and Nationality Act. Here are some frequently asked questions regarding naturalization:

Q: How old must I be to apply for naturalization?

A: You must be 18 years old or older at the time you apply for naturalization.

Q: I heard that I must be a green card holder for at least 5 years to apply for naturalization. But I also I heard that I could apply for naturalization after 3 years of being a green card holder. Is it 5 years or 3 years before I can apply for naturalization?

A: Generally, you must be a green card holder for five years. However, there are exceptions in which you can apply earlier. One exception is if you are married and living with a U.S. citizen and have been married to that U.S. citizen for the past three years, and your U.S. citizen spouse has been a U.S. citizen for at least the past three years, then you can apply for naturalization at three years. Another exception is if you received your green card based on being an abused spouse/child of a U.S. citizen, then you can apply for naturalization at three years.

Q: I heard that I must show continuous presence and physical presence in order to be eligible for naturalization. How do I show continuous and physical presence?

A: The continuous presence requirement means that you have maintained a permanent residence in the U.S. Generally, continuous presence is broken when you take a trip outside the U.S. for six months or more. The physical presence requirement means that you have been physically present in the U.S. for at least half of the time you are statutorily applying for naturalization.

For example, if you are applying for naturalization based on being a green card holder for five years, you will have to show that at the time of filing your application for naturalization, you were physically present in the U.S. for at least 913 days of the last five years.

If you are applying for naturalization based on being a green card holder for at least three years, you will have to show that at the time of filing your application for naturalization, you were physically present in the U.S. for at least 548 days of the last three years.

Q: I had a criminal incident that took place a long time ago. I heard that if I apply for naturalization, immigration only considers criminal incidents that happened in the last 5 years. Is that true?

A: No, not necessarily. You must establish that during the statutory period that is applicable to you (five years or three years) you are a person of good moral character. However, immigration is not prohibited from considering your entire criminal past/history as an adult in deciding whether you are a person of good moral character.

In addition, immigration can consider your criminal past/history in not only determining good moral character but also for the purpose of determining whether you should be placed in removal/deportation proceedings.

Q: I heard that when applying for naturalization, immigration only considers criminal past/history in deciding as to whether I am a person of good moral character. Is that true?

A: No. There are other factors that immigration will consider in determining whether you are a person of good moral character for naturalization purposes.

For example, it is possible that your good moral character cannot be established if you fail to file or pay taxes without showing extenuating circumstances. It is also possible that your good moral character cannot be established if you have not complied with court-ordered child support, and you are arrears without showing extenuating circumstances.

Q: I have been a green card holder for a long time, do I still have to take an English test?

A: Generally, when applying for naturalization, you must demonstrate your ability to read, write, speak, and understand English. However, there are exemptions and exceptions to the English test. If you are 50 years or older and have been a green card holder for 20 or more years at the time of filing for naturalization, you are exempt from the English test.

If you are age 55 years or older and have been a green card holder for 15 years or more at the time of filing for naturalization, you are exempt from the English test. It is important to note that under these English exemptions, you are still required to take the civics test, which is a verbal test that is used to demonstrate your knowledge of U.S. history and government.

If you have a medical disability that you believe prevents you from learning or demonstrating your knowledge of English and/or U.S. history and government, you may be eligible for an exception from the English and/or civics test.

 

Understanding of the US legal system is essential for making informed decisions in your immigration journey. Call Hinkson Immigration Law, PLLC today at (786) 309-7038.

Jamal O. Hinkson, Immigration Attorney, www.hinksonimmigrationlaw.com