Who Is Eligible to Apply for U.S. Citizenship?

Find out who is eligible for U.S. citizenship and how to apply.

U.S. citizenship gives a person permanent allegiance to the United States, and as many rights as the nation has to offer. For that reason, it is not easily obtained. To become a U.S. citizen, a person must first have a green card (permanent residence) and then meet other requirements, listed below. There are only a few rare exceptions in which a person goes straight from having no status or a temporary visa to getting U.S. citizenship.

The Eligibility Criteria

If you are interested in applying for U.S. citizenship, first make sure that:

you have lived in the United States as a lawful permanent resident for at least five years (with exceptions; for example, the time period changes to four years if you got your green card through an application for political asylum, and to three years if you got your green card through marriage to a U.S. citizen and you are still married to and living with the citizen. There are other exceptions for refugees and U.S. military personnel.)
you have been physically present in the United States for at least half of the last five years (or half of the last four or three years, if you qualify under one of the exceptions above)
you have lived in the district or state where you are filing your application for at least three months
you have not spent more than a year outside the United States
you have not made your primary home in another country
you are at least 18 years old
you have good moral character (in particular, this means that you have not been convicted of a crime, have not failed to pay taxes, and have not failed to register for the draft)
you are able to speak, read, and write in English
you are able to pass a test covering U.S. history and government, and
you are willing to swear that you believe in the principles of the U.S. Constitution and will be loyal to the United States.

You must meet all of these criteria before you submit your application for citizenship, with one small exception. You can submit the application up to 90 days before the required five years (or four or three years, if you fall under one of the exceptions) have passed. That's because it will take USCIS at least 90 days, and probably longer, to get to your application and call you in for an interview -- so USCIS figures you'll meet the time requirement before they actually consider your application.

Applying for citizenship puts your whole immigration history on the line. When you apply for U.S. citizenship, U.S. Citizenship and Immigration Services (USCIS, formerly called the INS) will carefully investigate your background as an immigrant. If it discovers something amiss -- for example, that you used fraud to get your green card, have abandoned your residency by making your home outside the United States, or have become deportable for any reason -- it can strip you of your green card and send you out of the country.

The Application Process

The citizenship application consists of USCIS Form N-400, accompanied by proof of your permanent resident status (a copy of both sides of your green card), required photos, and the appropriate fee. In addition, you should include a cover letter if you are asking for anything special, such as a waiver of any of the eligibility requirements because of your age or disability. You will mail the application to the USCIS Service Center for your geographic region. The Form N-400 and application information are available from the USCIS website at http://www.uscis.gov.

After filing your application, you will probably wait for many months, depending on the backlog at your local USCIS office. Then you will be called in for a fingerprint appointment, and later an interview appointment.

Expect your citizenship interview to be intense. This is where the USCIS officer tests your English language ability (mostly by speaking English with you as he or she reviews your application, and then by asking you to write a particular sentence) and tests you on your knowledge of U.S. history and government. Applicants who are disabled can ask for special accommodations at the interview, such as a sign language interpreter or wheelchair accessibility.

Applicants over age 50 may not have to speak English. You can ask to have the interview and tests in your own language if you are either 1) over 50 years old and have been a permanent resident of the United States for at least 20 years, or 2) over 55 years old and have been a permanent resident of the United States for at least 15 years. If you qualify for this exception, make sure you alert the USCIS when you apply.

What's On the U.S. History and Government Exam?

The questions you'll be asked during the exam portion of your citizenship interview aren't kept secret: USCIS publishes the list of possible questions, and the questions haven't changed much from year to year. There are 100 possible questions, ranging from the colors of the U.S. flag to the duties of the U.S. Congress. But you probably won't be asked more than ten questions, either orally or in writing. The list is on the USCIS website at http://www.uscis.gov/graphics/services/natz/100q.pdf.

Note, however, that USCIS is planning to completely redo its exam within a few years -- keep your eyes on the news and on the updates to books posted on our website.

If you're well educated and from a country where English is widely spoken, you are more likely to get the tougher questions. If, on the other hand, you have a disability that makes it hard for you to study or remember the answers, it's possible to apply for a "waiver" of this part of the interview. The waiver allows you to skip the test, or maybe only answer a few simple questions. (You will need the help of your doctor to obtain this waiver.)

Applicants age 65 or older may need to know fewer answers. If you are 65 or older and have been a permanent resident of the United States for at least 20 years, you are permitted to study a separate list of only 25 questions. USCIS publishes this list at http://www.uscis.gov/graphics/services/natz/6520q.pdf. At the interview, you will have to answer six out of ten questions correctly. If you qualify for this exception, make sure you alert USCIS when you submit your citizenship application.

After the Citizenship Interview

If you don't pass the interview for a reason that can be corrected, you will usually be given more time. For example, people who don't pass the English test are asked to come back for another interview in 90 days. Other people may simply be asked to submit more documents to prove a point of eligibility. If you don't pass after your second chance, you'll have to start all over again and reapply.

If all goes well at the interview, you will receive an appointment for a swearing-in ceremony. Only after you have attended this ceremony and sworn your loyalty to the United States and its Constitution will you be a U.S. citizen. You will receive a certificate to prove your U.S. citizenship, which you can use to apply for a U.S. passport -- which is especially important if you want to travel abroad.

As a citizen, you can petition to have close family members join you in the United States.

Further Resources

For more information on the eligibility and application requirements for citizenship, see Becoming a U.S. Citizen: A Guide to the Law, Exam & Interview, by attorney Ilona Bray (Nolo).