Immigration
The US citizenship (naturalization) process
Eligibility, Form N-400, the English and civics tests, the age-based exemptions, the oath ceremony, and when to speak to a lawyer before filing.
Naturalization is how a lawful permanent resident becomes a US citizen. This guide covers the most common route. Every case is different, and some situations, particularly a criminal record or long absences from the country, need a lawyer before you file anything.
Basic requirements
The standard route requires that you:
- Are 18 or older
- Have held a green card for at least 5 years, reduced to 3 years if you got the green card through marriage to a US citizen and are still living together
- Have maintained continuous residence in the US throughout that period
- Have been physically present in the US for at least half of it
- Have lived in the state or USCIS district where you file for at least 3 months
- Show good moral character as immigration law defines it
- Can read, write and speak basic English, and know the basics of US history and government
- Are willing to swear allegiance to the US Constitution
What continuous residence means
This is where people most often come unstuck.
- A trip outside the US of more than 6 months may be treated as breaking continuous residence. You can explain it, but the burden is on you
- A trip of more than 1 year almost always breaks it, unless you obtained specific permission before leaving
If you have taken one long trip home, recount your timeline before filing, and speak to a lawyer if that trip ran past six months.
The steps
Step 1: File Form N-400
File online through a USCIS account, or on paper. Filing online makes it much easier to track where your case is.
The fee, and the circumstances in which it can be waived or reduced, are set out at uscis.gov/n-400. If your income is low, read that section carefully; many people who qualify never ask.
Step 2: Biometrics appointment
USCIS schedules you to have fingerprints and a photograph taken for the background check. The appointment itself is usually short.
Step 3: Interview and tests
A USCIS officer goes through your entire N-400 with you and asks questions to confirm it. In the same appointment you take two tests:
- English: read one sentence aloud, write one sentence, and hold an ordinary conversation during the interview
- Civics: the officer asks questions out loud from a published list, and you need a set number correct to pass
The questions and answers are published in advance by USCIS, including audio versions. Nothing is hidden.
Step 4: The decision
After the interview your case is approved, continued for more evidence, or denied. If it is denied you have the right to request a review, within a deadline.
Step 5: The oath ceremony
This is the final step. You take the oath of allegiance, hand back your green card, and receive your Certificate of Naturalization. You become a citizen at that moment, not on the day of approval.
After you become a citizen
- Apply for a US passport. The naturalization certificate is a valuable document; do not carry it around day to day
- Register to vote. In many places you can do it at the ceremony itself
- Update your record with the Social Security Administration
- You can sponsor more relatives, in broader categories than a permanent resident can
When to talk to a lawyer first
Speak to an immigration lawyer before filing an N-400 if any of these apply:
- Any arrest or conviction, including a misdemeanour, including one that was expunged
- Any single trip outside the US of more than 6 months
- Unfiled tax returns, or taxes still owed. If you are unsure whether you have filed everything, see understanding your pay stub and W-2
- Men who lived in the US aged 18 to 26 and never registered for Selective Service
- Any earlier immigration paperwork that was not accurate
- A green card through marriage where you are now divorced or separated
A naturalization application makes USCIS review your entire immigration history from the beginning. In the situations above, filing without advice can cost you more than a refusal.
What to do next
- Recount your timeline: the date your green card started, and whether you have reached 5 years (or 3)
- List every trip outside the US with departure and return dates
- Download the civics questions from the USCIS site and start studying, even if you still have years to wait
Common questions
I owe back taxes. Can I still apply for citizenship?
Owing tax does not automatically disqualify you, but USCIS will ask about it. If you have an installment agreement with the IRS and are paying on time, applications generally proceed. Speak to an immigration lawyer before filing.
I am over 55. Do I still have to take the English test?
If you are 55 or older with 15 years as a green card holder, or 50 or older with 20 years, you may take the civics test in Vietnamese and bring an interpreter.
Does a long trip home to Vietnam cause problems?
Trips under 6 months are usually fine. Over 6 months may be treated as breaking continuous residence and you will have to explain it. Over a year almost always breaks it, unless you obtained permission first.
If I fail the test, do I lose my application?
No. USCIS reschedules you, normally after 60 to 90 days, and you retake only the part you failed. You do not start the application again and you do not pay the fee again.
Sources / Nguồn
Official US government pages. If anything here disagrees with the official page, trust the official page.
- USCIS - Form N-400, Application for Naturalizationwww.uscis.gov
- USCIS - Citizenship resource centrewww.uscis.gov
- USCIS - Study materials for the civics testwww.uscis.gov