Naturalization

The following is a list of requirements for naturalization. The facts of each and every case can have an effect on the legal interpretation that is given to each requirement. Please contact us for a consultation, so you can have proper legal advice as to the legal interpretation applicable to your particular case.

1. The applicant for naturalization must be at least 18 years old.
2. The applicant must have been admitted to the United States as a Lawful Permanent Resident (LPR).
3. The applicant must have resided continuously as a Lawful Permanent Resident (LPR) for at least five years prior to filing. Absences from the United States should not be for more than one year in total during the five years prior to filing.
4. An applicant who is married to a US citizen may file for naturalization after residing in the United States for a period of three years. The applicant must be married to and living with the US citizen spouse in a valid marriage for the entire three-year period prior to filing for naturalization.
5. The applicant must have been physically present in the United States for at least 2.5 years of the 5 year period prior to filing for naturalization. In a marriage case the applicant must have been physically present in the United States for at least 1.5 years of the 3 year period prior to filing for naturalization.
6. During the continuous residence period the applicant may not be absent from the United States for a period of more than one year. There is a presumption that absences of less than six months do not give rise to breakage of the continuity of residence. Absences of more than six months but less than a year give rise to a rebuttable presumption that the continuity of residence has been broken.
7. The applicant must file for naturalization in the jurisdiction where he or she has resided for lease to three months prior to filing.
8. The applicant must demonstrate that he or she has been a person of good moral character for the five-year period prior to filing for naturalization. In a marriage case good moral character must be demonstrated for the three-year period prior to filing for naturalization.
9. The applicant must pass a test of his or her knowledge and understanding of the fundamentals of the history of the United States, and the principles and form of government in the United States.
10. The applicant for naturalization must be able to demonstrate that he or she can read, write and speak English.
11. The applicant must not demonstrate any characteristics that are subversive to the principles of the Constitution of the United States of America.