U.S. Citizenship Through Naturalization: Who Qualifies and the N-400

Who can naturalize

Under INA § 316, 8 U.S.C. § 1427, the general rule is that an applicant must:

• be at least 18 when filing (8 U.S.C. § 1445(b); 8 C.F.R. § 316.2);
• have been lawfully admitted for permanent residence — a green card obtained by mistake or fraud does not count, and the applicant carries the burden of proving a lawful admission (8 U.S.C. § 1429);
• have 5 years of continuous residence as a permanent resident, physical presence for at least half that time (30 months), and 3 months living in the state or USCIS district where the application is filed;
• show good moral character, attachment to the principles of the Constitution and being well disposed to the good order of the United States, throughout the statutory period and up to the oath;
• pass the English and civics tests unless an exemption applies (8 U.S.C. § 1423); and
• take the Oath of Allegiance (8 U.S.C. § 1448).

Spouses of U.S. citizens: the 3-year rule

INA § 319(a), 8 U.S.C. § 1430(a) shortens the wait to 3 years for a permanent resident who has been married to and living in marital union with the same U.S. citizen spouse for those 3 years, while the spouse was a citizen the whole time; physical presence is 18 months. A person who was battered or subjected to extreme cruelty by a U.S. citizen spouse is excused from the marital-union requirement. Military service has its own paths under INA §§ 328 and 329, with no N-400 fee.

Children

Children usually do not file an N-400. Under INA § 320, 8 U.S.C. § 1431, a child becomes a citizen automatically when at least one parent is a citizen, by birth or naturalization, and the child is under 18, a lawful permanent resident, and living in the United States in that parent's legal and physical custody. The child's citizenship is then documented with a certificate of citizenship (8 C.F.R. part 320) or a U.S. passport. So a parent's naturalization can make their green-card children citizens the same day — one more reason to get the parent's case right.

To have a former U.S. Immigration Judge review your history before you file, especially with an arrest or a past immigration problem, see our citizenship lawyer page, and use our citizenship (N-400) document checklist to gather your papers. If you are not yet a permanent resident, start with the green card: for a case through marriage, see our marriage green card lawyer page; for adjustment of status, consular processing or a petition for a parent, sibling or adult child, see our green card lawyer page.

Continuous residence and physical presence

These are two different tests, and applicants trip on the difference (USCIS Policy Manual Vol. 12, Part D, ch. 3 and ch. 4).

• Physical presence counts days actually spent in the United States: at least 30 months in the 5 years (18 in 3). Every trip abroad is subtracted.
• Continuous residence asks whether the United States stayed your home. Under 8 U.S.C. § 1427(b), an absence of more than 6 months but less than 1 year is presumed to break it unless you show you did not abandon your residence — for example, you kept your job, your home, your family here and filed U.S. taxes as a resident (8 C.F.R. § 316.5(c)(1)(i)). An absence of 1 year or more breaks it, with narrow exceptions for approved government, research or international-organization work preserved in advance on Form N-470 (§ 316.5(d)).

After a break, the clock restarts. An applicant on the 5-year track may file again 4 years and 1 day after returning (2 years and 1 day on the 3-year track) (§ 316.5(c)(1)(ii)). Residence must also continue from filing until the oath, so long trips while the N-400 is pending are a risk of their own.

Filing 90 days early

The law lets you file up to 3 months before you meet the residence requirement (8 U.S.C. § 1445(a)); the regulation says 90 days (8 C.F.R. § 334.2(b)). USCIS counts back from the "resident since" date on the green card; its Policy Manual, Part D, ch. 6 explains the count. An application filed even one day too early is denied, and the fee is not refunded.

Good moral character

Good moral character (GMC) is where most naturalization problems start. The law defines it mostly by what it is not (INA § 101(f), 8 U.S.C. § 1101(f); 8 C.F.R. § 316.10). The period that counts is the 5 (or 3) years before filing through the oath, but USCIS may consider earlier conduct when it is still relevant or shows no reform (§ 1427(e); § 316.10(a)(2)).

Permanent bars

A person can never show GMC if they were convicted of murder at any time, or of an aggravated felony on or after November 29, 1990 (§ 316.10(b)(1)), or took part in Nazi persecution, genocide, torture or extrajudicial killings (§ 1101(f)(9)). An "aggravated felony" in immigration law includes many offenses that are misdemeanors under state law, such as some theft offenses with a one-year sentence, even if suspended — see Policy Manual, Part F, ch. 4.

Bars during the statutory period

Among others (§ 316.10(b)(2)): a crime involving moral turpitude (with a petty-offense exception); two or more offenses with total sentences of 5 years or more; a controlled-substance violation other than a single offense of simple possession of 30 grams or less of marijuana; confinement of 180 days or more in total because of a conviction; false testimony under oath to obtain an immigration benefit, whether or not the lie was material; prostitution; smuggling; polygamy; illegal gambling; and habitual drunkenness. Admitting the elements of such an offense can bar GMC even without a conviction.

The catch-all

Even without a listed bar, USCIS may find a lack of GMC. Under § 316.10(b)(3), unless there are extenuating circumstances, willful failure to support dependents, an extramarital affair that tended to destroy an existing marriage, and other unlawful acts during the period count against the applicant. Probation, parole or a suspended sentence must be completed before approval (§ 316.10(c)(1)). Unlawful voting and false claims to U.S. citizenship are treated under these rules as well and are separate deportation grounds (8 U.S.C. § 1227(a)(3)(D), (a)(6)).

USCIS's 2025 "holistic" standard

On August 15, 2025, USCIS issued PM-602-0188, telling officers to weigh the totality of the circumstances rather than only check for bars. It lists positive factors — community involvement, family caregiving and ties, education, stable lawful employment, length of lawful residence and tax compliance — and evidence of rehabilitation such as catching up on child support or back taxes. It also tells officers to look harder at conduct that is technically lawful but out of step with community norms, such as habitual traffic violations. Our article Good Moral Character: What It Means in Immigration Law covers the concept in more depth.

Men who lived in the United States between 18 and 26 had to register with the Selective Service. A knowing and willful failure to register can count against GMC for men still under 31 (Policy Manual, Part D, ch. 7).

The English and civics tests

At the interview a USCIS officer tests English — speaking (through the interview itself), reading one of three sentences correctly and writing one of three sentences correctly — and civics (USCIS study page; Policy Manual, Part E, ch. 2).

Which civics test you take

• N-400 filed on or after October 20, 2025: the 2025 civics test. The officer asks up to 20 questions from a bank of 128; you pass with 12 correct, and the test stops once you have 12 right or 9 wrong (Federal Register notice of September 18, 2025).
• N-400 filed before October 20, 2025: the 2008 test — 10 questions, 6 correct to pass.
• Applicants 65 or older with 20 years as permanent residents get 10 questions from a special list of 20 and pass with 6.

The 2025 notice did not change the English test.

Exemptions and a second chance

Applicants over 50 with 20 years as permanent residents, or over 55 with 15 years, are exempt from English and may take civics in their language with an interpreter (8 U.S.C. § 1423(b); 8 C.F.R. § 312.2). A physical or developmental disability or mental impairment lasting at least 12 months can excuse both tests, on Form N-648 completed by a licensed medical doctor, doctor of osteopathy or clinical psychologist (Part E, ch. 3). An applicant who fails either test gets one retest, scheduled between 60 and 90 days after the first interview (8 C.F.R. § 312.5; § 335.3(b)). Failing the retest leads to a denial. Our article The Citizenship Test: English and Civics Requirements walks through the test day.

Form N-400, step by step

1. Check eligibility and gather records: the green card, every trip abroad in the period, addresses, employment, marital history, taxes, and certified court records for every arrest, citation or charge anywhere in the world — even if dismissed, expunged or sealed. The N-400 asks about all of them.
2. File the current edition (01/20/25) online or on paper (uscis.gov/n-400). The fee in the USCIS fee schedule (Form G-1055, edition 09/09/26) is $760 on paper or $710 online, with no separate biometrics fee. A reduced fee of $380 (paper only) applies if household income is at or below 400% of the federal poverty guidelines, and a fee waiver can be requested on Form I-912; neither can be requested online. Military applicants under INA §§ 328–329 pay nothing.
3. Receipt: the receipt notice extends an expiring green card for 2 years (N-400 page).
4. Biometrics and background checks: fingerprints and FBI checks (Part B, ch. 2). Since PA-2026-10 of August 25, 2026, USCIS no longer waives the neighborhood investigation across the board; applicants may send character reference letters, preferably from U.S. citizens who are not relatives, and USCIS weighs them in deciding whether to waive it case by case.
5. Interview under oath: the officer goes through the N-400 line by line, and gives the tests (Part B, ch. 3). Answers must match the application and the records. The officer must decide at the interview or within 120 days (8 C.F.R. § 335.3(a)).
6. Oath ceremony: before USCIS or a court (8 U.S.C. § 1421(b); 8 C.F.R. § 337.2). Just before the oath you answer questions about what happened since the interview (Form N-445); a new arrest can pull you from the ceremony. You are a citizen only once you take the oath.

More detail on filling out the form is in our article How to Apply for Citizenship: Form N-400.

When applying is risky: the N-400 and deportation

A permanent resident who files an N-400 asks the government to review their whole immigration history. That review can surface something that makes them deportable — and USCIS's policy is to act on it. Under PM-602-0187 (February 28, 2025), USCIS will issue a Notice to Appear (NTA) when a naturalization applicant is deportable under INA § 237, even if otherwise eligible to naturalize, or was inadmissible when admitted or adjusted and is therefore barred, unless it chooses prosecutorial discretion. The memo also covers NTAs after a denial and in fraud cases.

Situations to review with a lawyer before filing:

• any arrest, conviction, plea or diversion, especially drugs, theft, fraud, domestic violence, weapons, or any sentence of a year or more (even suspended);
• a green card obtained through a marriage, job or asylum claim that the government could question, or any earlier false statement to an immigration or consular officer;
• having claimed to be a U.S. citizen (on an I-9, a voter form, a loan) or having voted;
• long trips abroad, or years living mostly outside the United States;
• unpaid taxes, unpaid child support or a failure to register for Selective Service.

If an immigration court case begins

Once removal proceedings start, USCIS may not consider an N-400 (8 U.S.C. § 1429; an NTA counts as the warrant of arrest, 8 C.F.R. § 318.1). An immigration judge cannot grant citizenship. The question in court is whether the permanent resident is removable and, if so, what relief is available — often cancellation of removal for permanent residents or a waiver (see our removal proceedings guide and removal defense hub).

Ending the court case so the person can naturalize has always required the government's cooperation. Under the older rule the Board required an affirmative communication from DHS of prima facie eligibility (Matter of Acosta Hidalgo, 24 I&N Dec. 103 (BIA 2007)); the 2024 rule that replaced it (8 C.F.R. § 1003.18(d)(1)(ii)(B)) barred termination if DHS opposed. A federal court vacated that 2024 rule on June 22, 2026 (Texas v. U.S. Department of Justice, N.D. Tex. No. 7:26-cv-00070), though the eCFR still prints it. Either way, a judge does not end a case over DHS's objection so that someone can naturalize.

Denial, the N-336 appeal and federal court

A denial letter explains the reasons and how to challenge them (Policy Manual, Part B, ch. 6).

• Form N-336 hearing (INA § 336(a), 8 U.S.C. § 1447(a)). It must be filed within 30 days after you receive the denial (33 if it was mailed) (8 C.F.R. § 336.2(a)). A different officer of equal or higher grade reviews the case, usually within 180 days, and may hold a new hearing and retest. The fee is $830 on paper or $780 online, with a fee waiver available (uscis.gov/n-336; G-1055).
• Federal district court. If the N-336 decision is also a denial, you may ask the district court where you live for de novo review — the judge decides the case afresh (8 U.S.C. § 1421(c)). The petition must be filed within 120 days of USCIS's final decision, and the N-336 must come first (8 C.F.R. § 336.9).
• No decision at all? If USCIS has not decided 120 days after the interview, the applicant may ask the district court to decide the application or send it back to USCIS with instructions (8 U.S.C. § 1447(b)).

A new N-400 is sometimes the better path, for example when the problem was a residence break or a failed test that time will fix. But when the denial found a lack of GMC based on a conviction, refiling repeats the risk of an NTA described above.

Denaturalization: can citizenship be taken away?

Yes, but only through a federal court. Under INA § 340, 8 U.S.C. § 1451(a), the Justice Department may sue to revoke naturalization that was "illegally procured" or procured "by concealment of a material fact or by willful misrepresentation." Revocation reaches back to the date of the oath, and people who derived citizenship through the denaturalized person may lose it too (§ 1451(d)). A criminal conviction for naturalization fraud under 18 U.S.C. § 1425 leads to automatic revocation (§ 1451(e)).

In Maslenjak v. United States, 582 U.S. 335 (2017), the Supreme Court held that for the criminal offense the government must show the illegal act played a role in obtaining citizenship: a lie on the N-400 counts if the truth would have disqualified the applicant, or would have led to facts that did. Small, irrelevant errors are not enough — but undisclosed arrests and crimes committed before naturalization are exactly what the government looks for.

On June 11, 2025, the Justice Department's Civil Division directed its attorneys to "prioritize and maximally pursue denaturalization proceedings in all cases permitted by law and supported by the evidence," listing ten priority categories, including felonies not disclosed during naturalization, gang and cartel ties, violent and sex offenses, and financial fraud. On August 3, 2026, DOJ reported 123 civil denaturalization complaints filed since January 20, 2025. USCIS set new guidance for referring cases for revocation on September 14, 2026 (PA-2026-13; Policy Manual, Part L). The practical lesson for applicants: disclose everything on the N-400. See also our denaturalization hub and the article Denaturalization: Losing U.S. Citizenship.

What changed in 2025–2026

• February 28, 2025 — PM-602-0187: USCIS issues NTAs to removable naturalization applicants.
• June 11, 2025 — DOJ Civil Division makes denaturalization a priority.
• August 15, 2025 — PM-602-0188: the "holistic" good moral character standard.
• October 20, 2025 — the 2025 civics test (128 questions, 12 of 20 correct) applies to N-400s filed from this date.
• December 2, 2025 and January 1, 2026 — USCIS put pending benefit requests of nationals of 39 travel-ban countries on hold (PM-602-0192, PM-602-0194). A federal court vacated those holds in June 2026 (Dorcas International Institute of Rhode Island v. USCIS, D.R.I.), and USCIS says it is following the order.
• June 22, 2026 — Texas v. DOJ vacates EOIR's 2024 termination and administrative closure rule.
• June 23, 2026 — DHS proposed raising the N-400 fee to $1,330 on paper ($1,280 online) and the N-336 to $1,475 ($1,425 online), and ending the reduced fee and fee waivers for both. It is not final: the fee schedule of September 9, 2026 still shows $760/$710.
• August 25, 2026 — PA-2026-10 ends the blanket waiver of neighborhood investigations.
• September 14, 2026 — PA-2026-13 on referring naturalized citizens for revocation.

For the requirements in plain terms, see Becoming a U.S. Citizen: The Requirements for Naturalization; related guides cover adjustment of status, inadmissibility waivers and the civics test.

Carlos Maury, a former U.S. Immigration Judge, leads Carlos Maury Law; to review an N-400 before filing, a denial, or a Notice to Appear that followed a citizenship application, call (213) 769-0050. We speak Spanish.