If you’ve been living in the US with a green card, you may be ready to apply for citizenship. This is an honorable step you should be proud to take. In order to become a US citizen, you have to file a Form N-400. 

Only immigrants who meet the requirements can file an N-400. These requirements include all of the following:

• Must be at least 18 years old
• Have lived in the US continuously with a green card for 5 years. A basis to apply for naturalization after 3 years exists if applying based on your marriage to your United States citizen spouse
• Have established "good moral character" during the 3 or 5 years immediately preceding the filing of the N-400 application (generally lack of extensive criminal history or disqualifying crimes and filing and paying your taxes)
• Have basic knowledge of spoken and written English, unless you qualify for an exemption
• Can show knowledge of U.S. history and government, unless you qualify for an exemption
• Register for military service if you are a male of a certain age and be willing to perform civil duties if required

During your citizenship application, you'll also take the Oath of Allegiance to the United States.

There are a few rules for living in the US continuously. If you've taken any trips outside of the US during your green card period, they must have been 6 months or less. If you were out of the country for more than 6 months, immigration may consider this "abandoning your permanent residence". In these cases, evidence of the reason for travel and intention of residence in the US, will be crucial. You may be able to explain why you stayed away for so long, but the final decision will depend on each specific case.

Spouses of U.S. Citizens Residing in the United States

If you are the spouse of a U.S. citizen who resides in the United States, you may be eligible for naturalization on the basis of your marriage once you have been a Lawful Permanent Resident for 3 years. 

To apply for naturalization on the basis of marriage you must establish the above-mentioned requirements, along with this additional criteria:

• Continuously residing in the U.S. after becoming an LPR for at least 3 years immediately preceding the filing of the application
• Currently married to your U.S. citizen spouse
• Living together, in marital union, with your U.S. citizen spouse for at least 3 years preceding the time of filing the naturalization application 
• Evidence of your marriage and residing in marital union is required to be submitted with your initial application

Exemptions and Accommodations

English Language Exemptions - You may be exempt from the English language requirement, but are still required to take the civics test in your native language if:

• 50/20 exemption: You are 50 years of age or older at the time of filing for naturalization and have lived as a permanent resident in the US for 20 years
• 55/15 exemption: You are 55 years of age or older at the time of filing for naturalization and have lived as a permanent resident in the US for 15 years
• 65/20 exemption: You are 65 years of age or older at the time of filing for naturalization and have lived as a permanent resident in the US for 20 years of age. Applicants will also be given special consideration regarding the civics test requirement 

If requesting an exemption from the English language requirement, you are still required to take the civics test in your native language. You must bring an interpreter with you to your interview. The interpreter must be fluent in both English and your native language. 

Medical Disability Exemptions to English and Civics 

You may be eligible for an exemption to the English requirement and civics test if you are unable to comply with these requirements due to a physical or developmental disability or mental impairment. In these cases, filing Form N-648, Medical Certification for Disability Exceptions must be completed by a medical doctor, a doctor of osteopathy, or a licensed clinical psychologist and concurrently filed with the N-400 application. At the interview, a USCIS officer will review the form and determine whether the Form N-648 is sufficient to establish the applicant’s eligibility. 

Good Moral Character Requirement

You must demonstrate that you have been a person of good moral character throughout the relevant statutory time (3 or 5 years) immediately preceding the filing of the N-400 application and up to the time of the Oath of Allegiance. In some instances, conduct prior to the statutory period may also impact whether the applicant meets the good moral character requirement. 

Generally, good moral character is proven by showing lack of criminal convictions or offenses during the relevant time, filing and paying your income taxes, and complying with court-ordered child support payments. However, even if you have been convicted of a criminal offense, owe federal or state income taxes, or have an existing court order for child support, you may still be eligible to apply for the N-400. A reputable immigration and criminal attorney may be able to overcome these adverse factors and prove that you are a person of good moral character to the USCIS officer. Contact our office for an in depth review of your case. We have helped numerous applicants with adverse factors successfully apply for naturalization and become United States citizens.