Citizenship and Naturalization (N-400)

Basic eligibility

• At least 18 years old
• Lawful permanent resident for at least 5 years (or 3 years if married to a U.S. citizen throughout)
• Continuously resided in the U.S. during the required period
• Physically present in the U.S. for at least half of the required period
• Resided in the USCIS district with jurisdiction over your application for at least 3 months
• Good moral character during the required period
• Attachment to the Constitution
• Able to read, write, and speak basic English (with exceptions for elderly long-term residents and those with disabilities)
• Basic knowledge of U.S. history and government (civics test)
• Willing to take the oath of allegiance
• Male applicants born in or resident before age 26: complied with Selective Service registration

Calculating your 5 years

For most applicants, the 5-year (or 3-year) clock starts from the date you became a permanent resident. You can apply up to 90 days early, but not more than 90 days early. Early filing after the 90-day window is denied.

Continuous residence

Trips outside the U.S.:

• Under 6 months — generally fine
• 6 months to 1 year — presumption of broken continuous residence (rebuttable)
• 1 year or more — breaks continuous residence (restart the clock) unless specific exceptions

Physical presence

You must be physically in the U.S. for at least 30 months (of the 5-year period) or 18 months (of the 3-year period). Don't cut this too close.

Good moral character (GMC)

USCIS evaluates good moral character during the 5-year period (or 3-year period). Issues that affect GMC:

• Criminal convictions (many automatically bar GMC)
• Unpaid taxes
• Failure to register for Selective Service (males born after Jan 1, 1960 who were in U.S. between ages 18-26)
• Failure to support dependents
• False testimony under oath
• Polygamy
• Unlawful gambling
• Habitual drunkenness
• Controlled substance offenses
• Crimes involving moral turpitude
• Aggravated felony conviction (permanent bar)

USCIS can look beyond the 5-year period for a complete picture. Minor issues during the period can be outweighed by reform and remedial actions.

When NOT to apply without a lawyer

• Any criminal history (even dismissed charges, arrests without conviction, supervision)
• Traveled outside the U.S. for 6+ months during the 5-year period
• Filed taxes incorrectly or didn't file
• Received public benefits that might have affected LPR status
• Missed Selective Service registration
• Lied on any prior immigration application
• Ever claimed to be a U.S. citizen (for voting, employment, or benefits)
• Prior immigration violations that weren't resolved
• Your green card was obtained through a marriage that has ended

In any of these situations, filing could trigger removal proceedings. Review with an attorney first.

The application process

1. File Form N-400 online or by mail. Current fee (2024): $760 filing fee (fee waiver available for low-income applicants with Form I-912)
2. Biometrics appointment — typically 1-2 months after filing
3. Interview — typically 6-14 months after filing. Three parts:
   • Review of application (officer asks questions about everything on the form)
   • English test (reading, writing, speaking)
   • Civics test (100 questions; as of 2024 applicants answer 6 of 10; 6 correct to pass)
4. Decision — granted at interview, denied, or continued for more information
5. Oath ceremony — required to complete naturalization. Usually within 1-3 months of approval.
6. Receive Certificate of Naturalization at oath ceremony. You are now a U.S. citizen.

Tests

English test

Three parts: speaking (evaluated throughout the interview), reading (1 of 3 sentences correctly read aloud), writing (1 of 3 sentences correctly written).

Civics test

100 possible questions about U.S. history and government. USCIS publishes all 100 with answers. At the interview, you answer 10 of the 100 (randomly selected); must answer 6 correctly.

Exceptions

• 50/20 exception — 50 years old with 20 years as LPR: civics test only, in your native language
• 55/15 exception — 55 years old with 15 years as LPR: civics test only, in your native language
• 65/20 exception — 65 years old with 20 years as LPR: simplified civics test (20 possible questions), in your native language
• Disability exception — Form N-648 from a physician documenting a disability that prevents passing the tests

Studying for the tests

• USCIS Civics Practice Test — free at uscis.gov/citizenship
• Free citizenship classes through ICIRR network, Chicago Public Library, many community organizations
• English classes (ESL) through community colleges (free or low-cost), Chicago Public Library, community organizations

At the oath ceremony

• Bring your green card (surrendered at ceremony)
• Bring any notices of action
• Dress appropriately
• Take the oath of allegiance
• Receive Certificate of Naturalization
• Register to vote (table often available at ceremony)
• Apply for passport as soon as you want to travel
• Update Social Security records to reflect citizenship

Children derivative citizenship

Under the Child Citizenship Act of 2000, a child under 18 who is a lawful permanent resident generally becomes a U.S. citizen automatically when a parent naturalizes. Specific conditions apply. Your children may not need to file separately — their citizenship derives from yours. Verify with an attorney and apply for Certificate of Citizenship (Form N-600) for them.

Free qualified help

• Illinois Coalition for Immigrant and Refugee Rights (ICIRR) — 312-332-7360, icirr.org — network of free citizenship assistance sites
• National Immigrant Justice Center — 312-660-1370
• The Resurrection Project
• Catholic Charities Immigration Legal Services
• Erie Neighborhood House
• Centro Romero
• Chicago Public Library citizenship corners
• EOIR Find Legal Representation — justice.gov/eoir