Eligibility Requirements
Naturalization eligibility depends on meeting several statutory requirements simultaneously. Before filing Form N-400, we conduct a complete record review to confirm the optimal filing date and identify any issues that should be resolved first.
Permanent Resident Status
Most applicants must have been lawful permanent residents for at least 5 years before filing. Applicants who obtained their green card through marriage to a U.S. citizen and remain married to and living with that citizen may be eligible under the 3-year rule. We verify the exact eligibility date and evaluate whether any absences from the United States or status issues affect the calculation.
Age Requirement
Applicants must be at least 18 years old at the time of filing Form N-400. Children of naturalized citizens may acquire or derive citizenship through their parents under separate legal provisions, so age and parental status should be reviewed carefully before selecting a filing pathway.
Continuous Residence
Continuous residence means maintaining your home in the United States throughout the required statutory period. Extended trips abroad can disrupt this requirement. Any single trip outside the United States of 6 months or more may create a presumption that continuous residence was broken, and trips of one year or more generally do break continuous residence unless a re-entry permit or other preservation mechanism was in place. We review travel records in detail to evaluate whether any absences create risk.
Physical Presence
Applicants must have been physically present in the United States for at least half of the required statutory period — typically 30 months out of 5 years, or 18 months out of 3 years for the marriage-based rule. This is a mathematical requirement calculated separately from continuous residence, and applicants with frequent international travel should verify their physical presence count carefully before filing.
State Residency
You must have resided for at least 3 months in the USCIS district or state where you file the N-400. Address history and move dates should be confirmed so the filing is submitted to the correct office from the start.
Good Moral Character
USCIS evaluates good moral character over the statutory period (3 or 5 years) and, in practice, may look at conduct beyond the statutory window. This review covers criminal history (arrests, charges, and convictions — even those that were dismissed or expunged), tax filing history, child support obligations, selective service registration compliance, and any history of false claims to U.S. citizenship. Honesty throughout the immigration record is essential because prior inconsistencies can raise credibility concerns at the naturalization interview. We review each applicant's history in detail and advise on whether any issues should be addressed before filing.
English Language Ability
Most applicants must demonstrate the ability to read, write, and speak basic English. USCIS tests English ability during the naturalization interview through reading and writing exercises and conversational questions. Long-term permanent residents may qualify for exemptions based on age and years of residence:
- 50/20 rule: Applicants age 50 or older who have been permanent residents for at least 20 years may take the civics test in their native language.
- 55/15 rule: Applicants age 55 or older who have been permanent residents for at least 15 years may also take the civics test in their native language.
- Disability-based accommodations: Applicants with qualifying medical conditions may request modifications or exemptions from English and civics testing requirements through Form N-648.
Civics Knowledge
Applicants must pass a civics knowledge examination covering U.S. government, history, and geography. The test format changed significantly in 2025. Preparation should use current study materials and practice under the new format rather than relying on outdated question banks.
The New 2025 Civics Test (effective October 20, 2025)
USCIS implemented a redesigned civics test effective October 20, 2025. The new test increases both the total question pool and the number of questions asked during the interview. Applicants should prepare under the current test format, as older study materials may not cover all questions now in use.
| Element | Old Test (2008) | New Test (2025) |
|---|---|---|
| Question Bank | 100 questions | 128 questions |
| Questions Asked | 10 questions | 20 questions |
| Passing Score | 6 correct | 12 correct |
| Failing Threshold | 5+ incorrect | 9+ incorrect |
The increased question count and expanded bank mean applicants must study more broadly. Random selection from the full bank means every question is potentially testable, and a passing score requires answering at least 12 out of 20 correctly.
Accommodations for Older Applicants
The 65/20 rule provides special accommodation for applicants age 65 or older who have been permanent residents for at least 20 years. These applicants are asked only 10 questions drawn from a designated subset of 20 easier questions, and need only 6 correct answers to pass. They may also take the test in their native language with an interpreter.
Even when language exemptions apply, interview preparation remains important because USCIS officers still evaluate clarity, consistency, and credibility during the full N-400 review conducted under oath.
Preparing for naturalization?
We can review your eligibility, identify risks early, and build a filing and interview plan that fits your history.
Schedule consultationThe Naturalization Process
Step 1: File Form N-400
Filing Form N-400 (Application for Naturalization) initiates the process. A complete filing includes detailed residence and travel history for the statutory period, employment records, marital history, information about children, and full disclosure of any criminal, tax, or immigration-related issues. Supporting documentation typically includes copies of the permanent resident card, passport pages showing travel history, tax returns, court records for any arrests or citations, and selective service verification where applicable.
Accuracy is essential. Inconsistent dates, omitted arrests, mismatches with information provided in prior immigration applications, or errors in travel logs can trigger credibility concerns at the interview. We review every entry on the N-400 against the applicant's full record before filing.
Step 2: Biometrics Appointment
After filing, USCIS typically schedules a biometrics appointment to collect fingerprints and photographs for identity verification and FBI background checks. In some cases, previously submitted biometrics may be reused. Applicants should ensure their address is current in the USCIS system so appointment notices are received promptly — missing a biometrics appointment can delay the entire case.
Step 3: Naturalization Interview
The interview is the core of the naturalization process. A USCIS officer administers the English reading and writing tests (unless an exemption applies), the civics test, and conducts a thorough review of the entire N-400 application under oath. Officers frequently ask follow-up questions about travel history, marital status changes, employment gaps, prior immigration applications, and any disclosed or discovered legal issues.
If the officer identifies discrepancies or missing documentation, the case may be continued for additional evidence rather than decided on the spot. In some cases, USCIS may schedule a second interview. Thorough preparation before the first interview significantly reduces the likelihood of delays, continuances, or adverse findings.
Step 4: Oath Ceremony
After approval, USCIS schedules an oath ceremony where the applicant takes the Oath of Allegiance and officially becomes a U.S. citizen. At the ceremony, applicants surrender their permanent resident card and receive a Certificate of Naturalization. Same-day oath ceremonies are available at some offices, while others schedule ceremonies separately. After the oath, new citizens can immediately apply for a U.S. passport and register to vote.
Recent Policy Changes (2025-2026)
Stricter Good Moral Character Standards
Recent USCIS adjudication trends show heightened attention to tax compliance issues, prior inconsistent statements across immigration applications, and thorough criminal-disposition documentation requirements. Cases that previously moved through without complication may now receive deeper review. In the current environment, filing readiness has become more important than filing speed — rushing an application with unresolved issues can do more harm than waiting until the record is clean and complete.
Enhanced Vetting and Neighborhood Investigations
USCIS and partner agencies continue to implement expanded background checks, record-matching technology, and in some cases neighborhood-level investigations for naturalization applicants. Applicants with long travel histories, multiple prior immigration interactions, or old legal matters should expect that thorough documentation and proactive evidence organization will substantially reduce the risk of delays or complications.
Impact on Interview Preparation
Policy shifts often affect interview expectations and documentation standards before they are formally announced in public-facing guidance. We monitor USCIS operational trends and prepare clients for practical interview realities, not just textbook procedures. Understanding how current officers at the local field office are handling cases allows us to provide more targeted and effective interview preparation.
If you obtained your green card through a family petition, our Family-Based Green Cards page explains the front end of that process. If you are a conditional resident and need to file Form I-751 before or alongside your N-400, we can coordinate both filings strategically.
How Chris Hammond Law Firm Helps Naturalization Applicants
Pre-Filing Eligibility Analysis
We conduct a detailed review of your permanent resident history, travel records, employment history, tax filings, and legal background before filing. This early review identifies the optimal filing date, flags any good moral character concerns, and determines whether any issues need to be resolved before submitting the N-400. For applicants with complicated histories, a pre-filing analysis can prevent denials that would have been avoidable with better timing or additional documentation.
Application Preparation
We prepare the complete N-400 with accurate, consistent information drawn from your full immigration record. Supporting documentation is organized and reviewed to match every entry on the application, minimizing the risk of inconsistencies that could trigger interview problems or Requests for Evidence.
Civics and Interview Preparation
We provide practical guidance on what to expect at the naturalization interview, including civics test preparation strategies, English reading and writing practice tips, and a detailed walkthrough of the N-400 questions the officer will ask under oath. For applicants with complex histories — such as extensive travel, prior legal issues, or prior immigration applications with potentially inconsistent information — targeted interview preparation can make the difference between an approval and a continuance or denial.
Handling Complications
If issues arise during the process — such as a Request for Evidence, a case continuance, a request for additional background documentation, or a referral for additional review — we respond strategically and work to resolve the matter efficiently. For applicants whose cases are denied, we advise on appeal rights, re-filing strategy, and whether alternative approaches may be available.
Post-Oath Guidance
After the oath ceremony, we advise new citizens on immediate next steps including applying for a U.S. passport, voter registration, and any family immigration sponsorship opportunities that become available with citizenship status. For clients who plan to sponsor family members, citizenship opens new petition categories and eliminates certain waiting periods.
Frequently Asked Questions
How long do I have to be a permanent resident before applying for citizenship?
Generally, you must hold a green card for at least 5 years before applying for naturalization. If you obtained your green card through marriage to a U.S. citizen and are still married, the requirement is 3 years.
What happens at the naturalization interview?
A USCIS officer will review your N-400 application, verify your identity, test your English ability, and administer the civics test. The officer will also ask about your background, travel history, and any changes since filing.
Can I apply for citizenship if I have a criminal record?
It depends on the nature of the offense. Some convictions are bars to naturalization, while others may not affect eligibility. Certain crimes can also put your green card at risk. An attorney review before filing is strongly recommended.
How many questions are on the civics test?
For applications filed on or after October 20, 2025, the redesigned USCIS civics test draws from a list of 128 questions. During the interview, you will be asked up to 20 questions and must answer at least 12 correctly to pass.
Can I keep my other citizenship if I become a U.S. citizen?
The United States does not require you to renounce other citizenships upon naturalization, though the oath of allegiance includes a renunciation clause. Whether you retain your other citizenship depends on that country's laws.
How long does the naturalization process take?
From filing the N-400 to the oath ceremony, the process typically takes 8 to 14 months, depending on your local USCIS office and caseload.
What is the English language requirement for citizenship?
Applicants must demonstrate the ability to read, write, and speak basic English. Certain applicants over 50 or 55 who have held green cards for extended periods may qualify for exemptions and can take the civics test in their native language.
