Meeting naturalization eligibility requirements is essential for a successful citizenship application. Understanding the specific requirements for residency, physical presence, and good moral character helps you prepare properly before applying.
Continuous Residence Requirement
Continuous residence means maintaining your permanent resident status and home in the U.S. without abandoning residence. Most applicants need five years of continuous residence; spouses of citizens need three years.
Absences affect continuous residence. Trips under six months generally don't break continuity. Absences of six months to one year may break continuity unless you can show you didn't abandon residence. Absences over one year definitely break continuity.
Preserving Residence During Long Absences
If you must be absent for extended periods, you may be able to preserve residence by filing Form N-470 (Application to Preserve Residence) before departing. This is available for certain employment categories including U.S. government employees, employees of U.S. corporations doing foreign business, and certain religious workers.
Without N-470 approval, absences over one year restart the clock on continuous residence.
Physical Presence Requirement
Physical presence means actually being in the United States. You must be physically present for at least 30 months of the five-year period (or 18 months for three-year applicants). This is cumulative time—all your days in the U.S. added together.
Calculate your physical presence by adding up days in the U.S. Travel records, passport stamps, and employment records help document this.
State Residency Requirement
You must have resided in the state where you're applying for at least three months before filing. If you recently moved, you may need to wait or file in your previous state.
Good Moral Character: Required Period
You must demonstrate good moral character during the statutory period—the three or five years before filing through the oath ceremony. Issues before the statutory period may still be relevant but receive less weight.
USCIS can look beyond the statutory period if there's reason to believe earlier conduct reflects on current character.
Crimes That Bar Good Moral Character
Certain crimes permanently bar good moral character for naturalization: murder, aggravated felonies committed after November 29, 1990, persecution or genocide, and torture or extrajudicial killings.
Other crimes create temporary bars during the statutory period and potentially longer, including controlled substance violations (except single marijuana possession under 30 grams), prostitution, illegal gambling, multiple criminal convictions with combined sentences of five years or more, and crimes involving moral turpitude.
Other Factors Affecting Good Moral Character
Beyond criminal convictions, USCIS considers failure to pay court-ordered child support, lying to obtain immigration benefits, illegal voting, habitual drunkenness, practicing polygamy, and failure to file required tax returns. Being honest about your history is essential—lying itself demonstrates poor moral character.
Age Requirements
You must be 18 to apply for naturalization. Children under 18 may acquire citizenship automatically through their parents or through the Child Citizenship Act if certain requirements are met.
Attachment to the Constitution
Applicants must demonstrate attachment to the principles of the Constitution and be well-disposed toward the United States. This is generally shown through the oath but can be questioned if applicants have concerning backgrounds.
Conscientious objector modifications to the oath are available for those with sincere beliefs against bearing arms.
Special Categories
Some categories have different requirements. Military members may naturalize with reduced residence requirements and, during wartime, with no requirements at all. Spouses of military members abroad have special provisions.
Getting Legal Help
An immigration attorney can evaluate whether you meet eligibility requirements before you apply. If issues exist—criminal history, travel concerns, or complex circumstances—professional guidance helps you navigate or address them.