Citizenship

Green Card holders of at least 5 years must meet the following requirements to apply for naturalization:  

• Be 18 or older at the time of filing
• Be a green card holder for at least 5 years immediately preceding the date of filing the Form N-400, Application for Naturalization
• Have lived within the state, or USCIS district with jurisdiction over the applicant’s place of residence, for at least 3 months prior to the date of filing the application
• Have continuous residence in the United States as a green card holder for at least 5 years immediately preceding the date of filing the application
• Be physically present in the United States for at least 30 months out of the 5 years immediately preceding the date of filing the application
• Reside continuously within the United States from the date of application for naturalization up to the time of naturalization
• Be able to read, write, and speak English and have knowledge and an understanding of U.S. history and government.
• Be a person of good moral character, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the United States during all relevant periods under the law.

Spouses of U.S. Citizens may qualify for naturalization if: 

• Under Section 319(a) of the Immigration and Nationality Act 
  
  • Have been a permanent resident (green card holder) for at least 3 years
  • Be 18 years old or older
  • Be a permanent resident (green card holder) for at least 3 years immediately preceding the date of filing Form N-400, Application for Naturalization
  • Have been living in marital union with the U.S. citizen spouse, who has been a U.S. citizen during all of such period, during the 3 years immediately preceding the date of filing the application and up until examination on the application
  • Have lived within the state, or USCIS district with jurisdiction over the applicant’s place of residence, for at least 3 months prior to the date of filing the application
  • Have continuous residence in the United States as a lawful permanent resident for at least 3 years immediately preceding the date of filing the application
  • Reside continuously within the United States from the date of application for naturalization until the time of naturalization
  • Be physically present in the United States for at least 18 months out of the 3 years immediately preceding the date of filing the application
  • Be able to read, write, and speak English and have knowledge and an understanding of U.S. history and government (also known as civics)
  • Be a person of good moral character, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the United States during  all relevant periods under the law
• Spouses of U.S. citizens employed abroad may qualify for naturalization regardless of their time as permanent residents under Section 319(b) of the INA   
  
  • The spouse of a U.S. citizen who is employed by the U.S. government, including the military, or other qualifying employer, whose spouse is scheduled to be stationed abroad in such employment for at least 1 year at the time of filing, may be eligible for naturalization under Section 319(b). 
    
    • Generally a spouse of a U.S. citizen employed abroad must be present in the United States pursuant to a lawful admission for permanent residence at the time of examination on the naturalization application and at the time of naturalization, and meet of all of the above requirements except:
      
      • No specific period as a permanent resident (green card holder) required 
      • No specific period of continuous residence or physical presence in the U.S. required
      • No specific period of marital union required, but the spouses must be in a valid marriage at the time of filing until the time of naturalization
    • Must also establish that you will depart abroad immediately after naturalization and that you intend to reside in the United States immediately upon the termination of your spouse’s employment abroad.

Military Members may qualify for naturalization if:

• Qualifying military service
  
  • The U.S. Army, Navy, Air Force, Marine Corps, Coast Guard, and certain components of the National Guard and the Selected Reserve of the Ready Reserve.
  • The general requirements for naturalization may be diminished or waived for qualifying service member.
• Naturalization through One Year of Qualifying Service During “Peacetime”
  
  • Generally, a person who has served honorably in the U.S. armed forces at any time may be eligible to apply for naturalization under section 328 of the INA. 
  • In general, an applicant for naturalization under Section 328 of the INA must:
    
    • Be age 18 or older
    • Have served honorably in the U.S. armed forces for at least 1 year and, if separated from the U.S. armed forces, have been separated honorably
    • Be a permanent resident at the time of examination on the naturalization application
    • Be able to read, write, and speak basic English
    • Have a knowledge of U.S. history and government (civics)
    • Have been a person of good moral character during all relevant periods under the law
    • Have an attachment to the principles of the U.S. Constitution and be well disposed to the good order and happiness of the U.S. during all relevant periods under the law
    • Have continuously resided in the United States for at least five years and have been physically present in the United States for at least 30 months out of the 5 years immediately preceding the date of filing the application UNLESS the applicant has filed an application while still in the service or within 6 months of separation. In the latter case, the applicant is not required to meet these residence and physical presence requirements.
• Naturalization through Qualifying Service during Periods of Hostilities
  
  • Generally, members of the U.S. armed forces who serve honorably for any period of time (even 1 day) during specifically designated periods of hostilities (see below) are eligible for naturalization under section 329 of the INA through such military service.
  • In general, an applicant for naturalization under INA 329 must:
    
    • Have served honorably in active-duty status, or as a member of the Selected Reserve of the Ready Reserve, for any amount of time during a designated period of hostilities and, if separated from the U.S. armed forces, have been separated honorably
    • Have been lawfully admitted as a permanent resident at any time after enlistment or induction, OR have been physically present in the United States or certain territories at the time of enlistment or induction (regardless of whether the applicant was admitted as a permanent resident)
    • Be able to read, write, and speak basic English
    • Have a knowledge of U.S. history and government (civics)
    • Have been a person of good moral character during all relevant periods under the law
    • Have an attachment to the principles of the U.S. Constitution and be well disposed to the good order and happiness of the U.S. during all relevant periods under the law
  • There is no minimum age requirement for an applicant under this section. 
  • The designated periods of hostilities are:
    
    • April 6, 1917 to November 11, 1918
    • September 1, 1939 to December 31, 1946
    • June 25, 1950 to July 1, 1955
    • February 28, 1961 to October 15, 1978
    • August 2, 1990 to April 11, 1991
    • September 11, 2001 until the present
      
      • The current designated period of hostilities starting on September 11, 2001, will terminate when the President issues an Executive Order terminating the period.
  • Current members of the U.S. armed forces who qualify for naturalization under sections 328 or 329 of the INA can proceed with their naturalization application either in the United States or overseas.

Obtaining citizenship through U.S. citizen parents at birth or before turning 18 by:

• Who is considered a parent for these purposes?
  
  • The genetic father, the genetic mother, and the non-genetic gestational mother, if she is the legal parent at the time of birth under the law of the relevant jurisdiction.
• For children born outside the U.S. and its territories:
  
  • In a general, a child born outside the U.S. is a citizen at birth when the child’s parents are married to each other at the time of birth:
    
    • IF both parents were U.S. citizens at the time of birth AND at least one parent lived in the U.S. or its territories prior to the birth.
    • IF one parent is a U.S. citizen at the time of birth, the birth date is on or after November 14, 1986, AND the U.S. citizen parent had been physically present in the U.S. or its territories for a period of at least five years at some time in his or her life prior to the birth, of which at least two years were after his or her 14th birthday.
      
      • If the U.S. citizen parent spent time abroad in any of the following three capacities, this can also be counted towards the physical presence requirement:
        
        • Serving honorably in the U.S. armed forces;
        • Employed with the U.S. government; or
        • Employed with certain international organizations.
      • Additionally, time spent abroad by the U.S. citizen parent while the U.S. citizen parent was the unmarried son or daughter and a member of the household of a person who meets any of the three conditions listed above can also be counted.
  • In general, a child born outside the U.S. is a citizen at birth when the child’s parents are NOT married to each other at the time of birth:
    
    • IF the genetic or non-genetic gestational legal mother is a U.S. citizen at the time of birth, the birth date is after December 23, 1952, AND the mother had previously been physically present in the United States or one of its outlying possessions for a continuous period of at least one year.
    • The genetic father is a U.S. citizen at the time of birth, the mother is an alien, and the birthdate is on or after November 14, 1986, AND:
      
      • A blood relationship between the person and the father is established by clear and convincing evidence,
      • The father had the nationality of the United States at the time of the person’s birth,
      • The father (unless deceased) has agreed in writing to provide financial support for the person until the person reaches the age of 18 years, and
      • While the person is under the age of 18 years one of the following occurs:
        
        • The person is legitimated under the law of the person’s residence or domicile
        • The father acknowledges paternity of the person in writing under oath, or
        • The paternity of the person is established by adjudication of a competent court, and
    • The U.S. citizen parent was physically present in the U.S. or its territories for a period of at least 5 years at some time in his or her life prior to the birth, at least 2 of which were after his or her 14th birthday.
      
      • If the U.S. citizen parent spent time abroad in any of the following three capacities, this can also be counted towards the physical presence requirement:
        
        • Serving honorably in the U.S. armed forces;
        • Employed with the U.S. government; or
        • Employed with certain international organizations.
      • Additionally, time spent abroad by the U.S. citizen parent while the U.S. citizen parent was the unmarried son or daughter and a member of the household of a person who meets any of the three conditions listed above can also be counted.
  • A child born outside the U.S. is automatically a citizen after birth:
    
    • IF the child was under 18 or not yet born on February 27, 2001, AND at least one parent is a U.S. citizen, the child is currently under 18 and residing in the U.S. in the legal and physical custody of the U.S. citizen parent pursuant to lawful admission for permanent residence.
    • IF the child was under 18 from December 24, 1952 to February 26, 2001, AND
      
      • The child was residing as a Green Card holder in the U.S. and both parents naturalized before the child’s 18th birthday; OR
        
        • If one parent died, that the surviving parent naturalized before the child turned 18.
        • If the parents legally separated, that the parent maintaining legal and physical custody naturalized before the child turned 18.
        • If the child was born out of wedlock and paternity has not been established by legitimation, the mother naturalized before the child turned 18.
        • *The order the child meets the conditions doesn’t matter when the child meets all the conditions before his or her 18th birthday.
    • IF the child was adopted by a U.S. citizen parent, AND the child resides legally in the U.S. in the legal and physical custody of the U.S. citizen parent and meets the following conditions after February 27, 2001 but before his or her 18th birthday:
      
      • The adoptive parent adopted the child before his or her 16th birthday (or, in some cases, 18th birthday) and had legal custody of the child and resided with the child for at least two years; OR
      • The child was admitted to the United States as an orphan (IR-3) or Convention adoptee (IH-3) whose adoption by his or her U.S. citizen parent(s) was fully completed abroad; OR
      • The child was admitted to the United States as an orphan (IR-4) or Convention adoptee (IH-4) who was coming to the United States to be adopted and the child’s adoptive parent(s) completed the adoption before his or her 18th birthday.