Applying for U.S. Citizenship: When Green Card Holders Should File and When They Should Wait

Most green card holders know they can apply for U.S. citizenship after five years, or after three if they are married to a U.S. citizen, and many assume that reaching the anniversary means they qualify. U.S. Citizenship and Immigration Services (USCIS) looks at much more than how long someone has held a green card. It examines where the applicant has lived, how much time the applicant has spent outside the United States, the applicant's immigration history, and whether the applicant meets the legal standard for good moral character. A permanent resident who has lived here for decades can still run into trouble because of an overseas work assignment, an old arrest, the way an accountant filed a tax return, or a defect in the original green card application.

Most naturalization applications are straightforward. In a complicated case, the application itself can alert the government to an old problem, trigger a much broader review of the applicant's immigration history, and put the applicant's existing status at risk. This guide covers who qualifies, how the process works, and what can go wrong, with an emphasis on business owners, executives, and other permanent residents whose work or family obligations regularly take them abroad.

1. What Are the Benefits of Becoming a U.S. Citizen?

Lawful permanent residents (LPRs), commonly called green card holders, can live and work permanently in the United States, own businesses, buy property, attend school, and travel internationally, all subject to the rules that govern their status. Citizenship adds rights and far more security for anyone who intends to make the United States a permanent home.

Greater protection of your right to live in the United States

A green card confers the right to live permanently in the United States, but that right can be lost. Certain criminal convictions, immigration violations, and abandonment of U.S. residence can lead to removal proceedings or loss of permanent resident status. Citizens cannot be deported. The government can revoke citizenship in limited circumstances, such as when it was illegally procured or obtained through concealment of a material fact or willful misrepresentation, but only through a separate denaturalization proceeding.

For people who work internationally, the difference matters a great deal. A citizen can take a two-year assignment in Shanghai or London with no risk that the time abroad will be treated as abandonment of permanent residence or will reset a naturalization clock. A green card holder has to plan around both risks.

The right to vote and participate in government

Citizens can vote in federal elections and, subject to state and local requirements, in state and local elections. They can run for most elected offices, qualify for federal jobs reserved for citizens, and serve on juries. Green card holders cannot vote in federal or state elections. A few localities let certain noncitizens vote in specified local elections, but that permission does not extend to any other election. A permanent resident who votes when ineligible, registers improperly, or falsely claims to be a citizen can create serious immigration problems, which Section 6 discusses.

More immigration options for family members

Citizens and permanent residents can both petition for relatives, but citizenship expands the family categories available and removes annual visa-number limits for certain immediate relatives. Green card holders can petition for spouses and unmarried children, including unmarried adult sons and daughters. A citizen can also petition for married sons and daughters and, once at least 21, for parents and siblings. The spouses and unmarried children under 21 of citizens, and the parents of citizens who are at least 21, are "immediate relatives," a category with no annual visa limit and therefore no wait for a visa number. When a green card holder naturalizes, a pending petition for a spouse or a minor unmarried child converts automatically to an immediate-relative petition, which can shorten the family's wait considerably.

A U.S. passport and greater freedom to travel

Citizens can get U.S. passports, use U.S. consular services abroad, and come home without a green card or reentry permit. For many people born abroad, a U.S. passport also means far fewer visa applications when they travel. Citizens can pass U.S. citizenship to children born abroad as well, subject to rules about the parent's prior physical presence in the United States.

2. Do You Already Have U.S. Citizenship?

Before preparing a naturalization application, find out whether you are already a citizen. Some people born abroad acquire U.S. citizenship at birth through a U.S. citizen parent, and others acquire it automatically later in childhood. Under the Child Citizenship Act framework, a foreign-born child becomes a U.S. citizen automatically if, before turning 18, the child becomes a lawful permanent resident and lives in the United States in the legal and physical custody of a U.S. citizen parent. Additional rules apply to adopted children and to some families living abroad.

Someone who already acquired citizenship does not need to naturalize and should instead obtain proof of citizenship, either a U.S. passport or a certificate issued on Form N-600, Application for Certificate of Citizenship. USCIS provides detailed guidance on automatic acquisition of citizenship. The answer turns on the child's date of birth, the parents' citizenship and marital history, and where the family lived. Settle the question first, because an N-400 filed by someone who is already a U.S. citizen wastes the filing fee and months of time.

3. Who Qualifies for U.S. Naturalization?

Most applicants qualify under one of two provisions: the general five-year rule or the three-year rule for qualifying spouses of U.S. citizens. The main requirements are:

Applicants must also have lived for at least three months in the state or USCIS district where they file. They must meet the requirements for good moral character, attachment to the principles of the Constitution, and willingness to support the Constitution and laws of the United States. Military members, qualifying spouses of U.S. citizens employed abroad, and applicants in a few other categories follow different rules.

Naturalization after five years

Under the standard rule, a permanent resident becomes eligible after five years of continuous residence, provided the physical-presence, good-moral-character, and other requirements are also met. The five years run from the effective date of permanent residence, shown as the "Resident Since" date on the green card, which can differ from the date the card was issued or arrived in the mail. Applicants do not need to keep the same address or employer for those five years. They can move between states, change jobs, and travel abroad, so long as they keep the required residence and meet the other rules.

Naturalization after three years of marriage to a U.S. citizen

Qualifying spouses of U.S. citizens can apply after three years instead of five, but the shortcut comes with conditions. The applicant must have been a permanent resident for three years, and the spouse must have been a U.S. citizen for that entire period. The couple must have lived in marital union for the three years immediately before filing, and the marriage must last through naturalization.

Hypothetical example: A marriage that does not qualify for the three-year rule

A permanent resident receives her green card on August 1, 2023. She has been married since 2019 to a man who was then a permanent resident and who became a U.S. citizen on January 15, 2025. In August 2026, she prepares her naturalization application. She has held her green card for three years and has been married for seven, so she assumes the marriage rule applies.

Her husband has been a citizen for only about 19 months, so the marriage rule does not yet apply. The three-year provision requires that he have been a citizen for the full three years. If she meets the other requirements, she can qualify under the marriage provision in January 2028, after her husband's third anniversary as a citizen. Otherwise, she must wait until she is eligible under the five-year rule.

A separation, divorce, or the death of the citizen spouse can also end eligibility under the marriage provision, subject to a few statutory exceptions. An applicant who loses eligibility this way can still qualify under the five-year rule. USCIS explains the marriage requirements in its guidance on spouses of U.S. citizens.

Can you apply 90 days early?

USCIS lets applicants under both provisions file Form N-400 up to 90 days before they complete the continuous-residence period. The rule is narrower than many people think. It applies only to continuous residence and does not shorten the physical-presence requirement or relax any other condition. An applicant under the three-year provision must still meet the marriage and marital-union requirements. An application filed even a few days too early will be denied, and the filing fee will not be refunded, so count the days carefully.

4. Continuous Residence and Physical Presence: Two Different Requirements

International travel causes more naturalization problems than almost any other eligibility issue. Many permanent residents know they must spend a certain amount of time in the United States but do not realize that USCIS applies two separate tests, continuous residence and physical presence. Passing one says nothing about the other.

Continuous residence means maintaining your principal residence in the United States

Continuous residence asks whether the United States remained the applicant's principal home during the required period. Ordinary trips abroad do not affect it, but longer absences can create a presumption that residence was interrupted or can break it outright. The rules are:

• Absences of six months or less: These do not trigger the statutory presumption that continuous residence was interrupted, although frequent travel or other evidence that the applicant really lives abroad can still raise questions.
• Absences of more than six months but less than one year: These create a rebuttable presumption that continuous residence was interrupted, and the applicant must show that U.S. residence continued during the absence.
• Absences of one year or more: These break continuous residence, subject to specific statutory exceptions and to the provisions for preserving residence discussed in Section 5.

When an absence exceeds six months, USCIS looks at what happened during it. Officers consider whether the applicant kept a U.S. home, whether U.S. employment continued, where the immediate family lived, and whether the applicant took a job or set up a principal residence abroad. Evidence on those points can overcome the presumption that arises from an absence of more than six months but less than one year, though no single document settles the question.

Hypothetical example: The executive who spends seven months in China

A Chinese national becomes a U.S. permanent resident in February 2021 and lives in Bellevue, Washington, with his wife and two children. He is president of a U.S. manufacturing company with suppliers across Asia. In June 2024, his company sends him to Shanghai to fix production problems at one of its largest suppliers. The assignment is supposed to last three months. It runs until January 2025, and he is outside the United States for about seven and a half months.

His wife and children stay in Bellevue the whole time. The family keeps its house, and the children stay in their Washington schools. He remains on the U.S. company's payroll, files U.S. tax returns as a resident, and keeps his Washington driver's license. When he applies for naturalization in 2026, he has more than enough days in the United States to meet the physical-presence requirement, and he assumes a temporary work assignment will not matter.

Because the absence exceeded six months, USCIS presumes that his continuous residence was interrupted. He must prove that the United States remained his principal home throughout the assignment. His facts are favorable, and approval is still not automatic. He will need his employment records, the correspondence establishing his Shanghai assignment, housing records, tax returns, and evidence that his family stayed back in Bellevue.

Physical presence means time actually spent in the United States

Physical presence is arithmetic. Most applicants under the five-year rule need at least 30 months in the United States during the five-year period, and applicants under the three-year marriage provision need 18 months. USCIS counts the days actually spent in the country, so someone who takes many short trips can still fall short without ever leaving long enough to create a continuous-residence problem.

Hypothetical example: The executive who travels constantly but never stays abroad very long

A technology executive receives her green card in June 2021. She lives in Seattle and works for a U.S. company with major customers in Europe and Asia. Over the next five years she takes about 15 business trips abroad a year and spends an average of 13 full days outside the United States on each. She never stays away for six months, and rarely for more than three weeks.

In June 2026, she adds up her travel and finds that she spent about 975 full days outside the United States in the preceding five years. That leaves roughly 850 days of physical presence, short of the at least 913 the five-year rule requires. Her Seattle home, her U.S. tax returns, and her years with an American employer do not change the count, and there is no exception for travel her employer required. She has to wait until the five-year lookback period contains enough days in the United States.

What documents help establish travel and residence?

Applicants with complicated travel histories should reconstruct their trips from passports, government arrival and departure records, airline itineraries, and calendars. If USCIS questions continuous residence, the useful evidence includes housing records, proof of continuing U.S. employment, tax returns, records showing where immediate family members lived, and documents explaining why the applicant was abroad.

Filing U.S. tax returns as a resident supports the claim of continued residence but does not prove it. Filing as a nonresident works the other way and can raise serious questions about whether the applicant abandoned permanent residence, as Section 6 explains. USCIS's continuous residence and physical presence guidance sets out the basic rules. A permanent resident with a long absence on record should work through those rules first and not assume that a valid green card settles the matter.

5. Working Abroad: Can You Preserve Eligibility for Citizenship?

An overseas assignment puts two things at risk for a green card holder. The first is the green card itself. The second, for anyone who plans to naturalize, is the residence period that citizenship requires. Different rules protect each.

Reentry permits protect the green card, not the naturalization clock

A reentry permit, obtained by filing Form I-131, lets a permanent resident return from a long absence without needing a returning resident visa just because of the length of the trip. The permit can be initially valid for up to two years, and can be renewed in one-year increments for a total of five years. The application has to be filed while the applicant is physically in the United States, and the applicant generally must stay long enough to attend a biometrics appointment, so an executive who has already left for the assignment is too late. A reentry permit does not guarantee admission, and it does nothing for the naturalization clock. A permanent resident can come home with a valid permit and an intact green card and still learn that the assignment broke the continuous residence needed for citizenship. Our article, Unwelcome Home: When Lawful Residents Are Denied Reentry, covers the risks that long trips pose to the green card itself.

Form N-470 and qualifying employment abroad

Some permanent residents working abroad can preserve continuous residence for naturalization by filing Form N-470, Application to Preserve Residence for Naturalization Purposes. Qualifying employers include the U.S. government, American companies and their subsidiaries engaged in developing U.S. foreign trade and commerce, designated American research institutions, certain public international organizations of which the United States is a member, and qualifying religious organizations. An American employer alone is not enough; the job has to fit one of these categories.

Most applicants must first have spent an uninterrupted year physically present and residing in the United States after becoming permanent residents, with exceptions for certain religious workers. The form can be filed before or after departure, but it must be filed before the applicant has been abroad for a continuous year. After that, the absence has already broken continuous residence, and the N-470 cannot repair it.

An approved N-470 preserves continuous residence for qualifying employment abroad. For most applicants it does not eliminate the physical-presence requirement. It also does nothing to protect permanent resident status, which is what the reentry permit is for. An executive going abroad for more than a year usually needs both and should confirm whether the assignment qualifies before leaving.

Special provisions for spouses employed abroad

A separate provision helps certain spouses of U.S. citizens who work overseas for qualifying U.S. employers or organizations. Under Immigration and Nationality Act Section 319(b), an eligible spouse can naturalize without meeting the usual continuous-residence and physical-presence requirements. The citizen spouse must be regularly stationed abroad in qualifying employment for at least one year. The applicant must intend in good faith to live abroad with the citizen spouse during that employment and to take up residence in the United States when it ends, and must be in the United States to naturalize. When a U.S. citizen accepts a long international assignment, this provision can let the foreign spouse naturalize years sooner than the ordinary rules allow.

6. Good Moral Character: What Does USCIS Examine?

Applicants must show good moral character during the statutory period, which is usually five years, or three for applicants under the marriage provision. They must keep meeting that standard until they take the oath. USCIS can also consider earlier conduct when it bears on present character, and some conduct is a permanent bar.

In August 2025, USCIS issued guidance calling for a broader evaluation of good moral character, and the guidance cuts both ways. Officers are to treat good moral character as more than the absence of misconduct and to credit positive evidence such as stable employment, family responsibilities, education, community involvement, and tax compliance. They are also to weigh conduct that is lawful, or that falls outside the statutory bars, when it is inconsistent with civic responsibility, such as repeated traffic violations or harassment. An applicant with a clean criminal record can therefore face questions about a pattern of behavior that officers used to give little weight. Good qualities still do not excuse conduct that triggers a statutory bar.

Neighborhood investigations and character letters

A week after issuing that guidance, USCIS ended the general waiver of neighborhood investigations it had applied since 1991, and incorporated the policy into its Policy Manual in August 2026. Officers now decide case by case whether to investigate an applicant's residence, employment, and community reputation for at least the five years before filing, which can include contacting neighbors, coworkers, and employers. USCIS says that submitting at least two suitable testimonial or character reference letters with the N-400 can help it decide whether to waive an investigation. The letters are optional, but we recommend that most applicants include them. Letters matter most for executives and others who travel heavily, whose neighbors may know them only in passing. The best letters come from people who know the applicant well and can speak to specific facts about the applicant's home, work, and conduct.

Criminal history, including old and expunged offenses

An arrest does not automatically block naturalization, and the immigration consequences of a conviction depend on the offense and the governing law. Some offenses create temporary barriers to showing good moral character, while others create permanent bars or put the green card itself at risk. Neither the passage of time nor a state expungement necessarily cures the problem, because a conviction that has been dismissed, sealed, or expunged under state law can still count for immigration purposes. Applicants must answer the N-400's criminal history questions accurately and provide the records USCIS requires. An applicant with any record should obtain certified court dispositions and have the immigration consequences evaluated first, including the risk of removal proceedings.

Taxes, child support, and financial obligations

USCIS looks at financial conduct when it bears on good moral character, including tax compliance and court-ordered child support. An unpaid tax balance does not disqualify every applicant. The reason for the debt, the applicant’s efforts to pay it, and compliance with a payment plan all matter, and the 2025 guidance lets officers credit rehabilitation such as paying overdue taxes or support. Deliberate tax evasion is another matter.

Permanent residents with international businesses, overseas jobs, or foreign accounts should also review their foreign bank account reporting obligations. An FBAR generally is required when reportable foreign financial accounts exceed $10,000 in aggregate at any point during the year, even if they produce no taxable income. While a missed FBAR is a separate reporting violation, if foreign income was also omitted, any resulting overdue U.S. tax must also be disclosed. Deliberate concealment of foreign accounts or income can also raise separate good moral character concerns. These issues should be reviewed with immigration and tax counsel before filing.

Hypothetical example: The business owner whose tax returns create an immigration problem

An entrepreneur from the United Kingdom gets a U.S. green card in 2019 and runs a software consulting company in Bellevue, Washington. His company serves American and European clients, and he spends several months a year with clients in London. For 2023 and 2024, his accountant files Form 1040-NR, treating him as a U.S. nonresident for federal income tax purposes based on his U.K. ties and the U.S.-U.K. tax treaty. He keeps using his green card and assumes his immigration status has nothing to do with how his taxes are filed.

In 2026 he decides to apply for naturalization, and the nonresident returns surface while the application is being prepared. USCIS can treat a permanent resident's claim of nonresident tax status as evidence that the person abandoned U.S. residence. What happens depends on the basis for the filings, his actual circumstances, and how the tax and immigration rules interact. His accountant's view of the correct tax treatment does not answer the immigration question. Before he files, he needs an analysis of the tax positions he took, whether they affected his permanent residence, and whether to correct them.

Marijuana and other controlled-substance issues

State legalization does not change federal immigration law. Marijuana-related conduct, including work in a state-licensed cannabis business, has led to naturalization denials. The analysis turns on the conduct, its timing, and federal controlled-substance and immigration law.

In Courts Deny Naturalization Petitions Due to Marijuana, we wrote about a 2022 decision from the federal district court for the Eastern District of Washington. The applicant, a native of El Salvador and a permanent resident since 2007, co-owned a Washington-licensed marijuana store with her husband and worked there as a budtender and manager. She had no criminal history and was candid with the USCIS officer about the business. USCIS found her to be an "illicit trafficker of a controlled substance" and denied her application for lack of good moral character, and in February 2022 the court upheld the denial. A government finding that someone is an illicit trafficker can cause problems long after the denial, including when the person returns from a trip abroad.

Federal marijuana law has changed since then, though less than many people think. In April 2026, the Department of Justice issued a final rule moving FDA-approved marijuana drug products and marijuana covered by qualifying state medical licenses from Schedule I to Schedule III. The rule also created a DEA registration process for holders of qualifying state medical licenses. A separate proceeding on rescheduling marijuana generally is still pending, as we discussed in "Marijuana" Rescheduling Delayed, Again. Marijuana in Schedule III is still a controlled substance, so the immigration question is whether the conduct was authorized under federal law. Which schedule the substance sits in does not decide it. Recreational marijuana remains in Schedule I, and the 2026 rule does not erase the immigration consequences of earlier conduct. An applicant with marijuana-related business or personal history should not assume that state law, the lack of a conviction, or the 2026 rule resolves the question.

Voting, voter registration, and claims of U.S. citizenship

A false claim to U.S. citizenship or an unlawful vote can cause far worse problems than a denied application. Some permanent residents run into voter-registration questions while getting or renewing their driver licenses or in other government systems. Checking the wrong box can have serious consequences, depending on what was represented, how it happened, and whether a statutory exception applies. A green card holder who has registered to vote, voted, or claimed to be a citizen should talk to an immigration lawyer before applying.

Selective Service registration

Certain male applicants who lived in the United States between ages 18 and 26 were required to register with the Selective Service System. Whether a failure to register affects naturalization depends on the applicant's age, whether the failure was knowing and willful, and when it occurred relative to the good-moral-character period. Applicants unsure whether they registered should check and find out what explanation or documentation USCIS will expect.

7. USCIS Can Reexamine How You Obtained Your Green Card

Many applicants assume USCIS settled every question about their immigration history when it granted permanent residence. Naturalization gives USCIS a second look at whether permanent residence was lawfully obtained. That review can reach back to the original marriage petition, employment-based petition, adjustment-of-status filing, or whatever process produced the green card. Someone who got a green card through a sham marriage, a material misrepresentation, or another legal defect can face serious trouble years later, because holding a green card for the required period does not cure an unlawful grant of permanent residence.

Consider someone who became a permanent resident through an employment-based petition and later learns that the filing contained inaccurate information about the job or the employer. The person may have had nothing to do with preparing the problem document, and USCIS can still examine whether permanent residence was lawfully obtained. The legal significance depends on whether the inaccuracy was material and whether the original approval was legally valid. Anyone who knows that an earlier filing contains an inaccurate statement or an unresolved issue should have it evaluated before filing Form N-400 and not wait for an officer to raise it at the interview.

For nationals of certain countries, this second look has become systematic. In December 2025 and January 2026, USCIS ordered a re-review of immigration benefits granted since 2021 to nationals of the 39 countries covered by the administration's travel restrictions. A federal court vacated that policy in June 2026, but in its August 14, 2026 order the First Circuit allowed the re-review to proceed while the government's appeal is pending. Permanent residents from those countries should expect USCIS to examine their original green card files closely.

8. When Should You Wait Before Applying for Naturalization?

Some applicants are better off waiting. For someone short on physical presence, the answer is simple: wait until the lookback period contains enough days in the United States. An absence that broke continuous residence calls for a different calculation, and waiting until the green card's fifth anniversary does not fix it. After an absence of a continuous year or more, a permanent resident can potentially apply four years and one day after returning under the five-year rule, or two years and one day under the three-year marriage rule. Filing that early still requires overcoming a presumption that continuous residence was interrupted. Waiting four years and six months, or two years and six months under the marriage rule, generally eliminates that particular obstacle. The correct filing date depends on the applicant's circumstances and travel history, as explained in the USCIS Policy Manual's continuous-residence chapter. Shorter absences that USCIS treats as breaking residence require their own analysis of when a new qualifying period began.

Criminal history, prior immigration violations, unusual tax filings, and questions about the original green card call for more care. Some of these problems can be fixed. Others have consequences that another year of waiting will not change. The worst approach is to file and hope USCIS does not notice. The N-400 requires disclosures the agency can check against earlier immigration records, government databases, and now neighborhood investigations. An applicant who suspects a serious eligibility problem should find out what the problem is, whether it can be resolved, and what filing will expose before submitting anything.

9. The English and Civics Tests: What Applicants Need to Know in 2026

Most applicants must show basic ability to read, write, and speak English and basic knowledge of U.S. history and government. The English test consists of questions asked during the interview plus reading and writing exercises, and the civics test is given orally. Applicants who qualify for an exception are treated differently, as explained below.

The 2025 civics test applies to newer applications

USCIS introduced a revised civics test for applicants who filed Form N-400 on or after October 20, 2025. The 2025 test draws from a bank of 128 questions. The officer asks up to 20, and the applicant must answer 12 correctly. Applicants who filed before October 20, 2025, take the 2008 test, which draws from 100 questions and requires six correct answers out of up to ten. The filing date controls, so someone interviewed in 2026 may still take the older test.

USCIS publishes the questions and approved answers in its 2025 Civics Test resources. Study from those official materials and not from commercial guides, many of which were written for the old test. Questions about current officeholders require current answers, and a study guide printed before the last election may name the wrong people.

English-language and civics exceptions

Certain older applicants are exempt from the English requirement:

• 50/20 exception: Applicants at least 50 years old who have been permanent residents for at least 20 years.
• 55/15 exception: Applicants at least 55 years old who have been permanent residents for at least 15 years.

These applicants must still pass the civics test, but they can take it in their chosen language through an interpreter. Applicants who are at least 65 and have been permanent residents for at least 20 years get special consideration, including a shorter set of civics questions. An applicant with a physical or developmental disability or a mental impairment may qualify for a medical exception from the English requirement, the civics requirement, or both, supported by a medical certification on Form N-648. USCIS explains these rules in its exceptions and accommodations guidance.

What happens if you fail a test?

An applicant who fails the English or civics test at the first interview gets a second chance. The retest is scheduled 60 to 90 days later and covers only the portion the applicant failed. That time should go to the specific weaknesses the officer identified. Failing the second test results in denial, after which the applicant can request a hearing or reapply when eligible.

10. How to Apply for Naturalization: Form N-400 and the USCIS Process

The application is Form N-400. Most applicants can file online, though requests for a reduced fee or fee waiver require a paper filing. The form asks for detailed information about residence, employment, travel, family, and immigration history, and every answer should match the applicant's records and earlier immigration filings.

Step 1: Review your immigration and personal records

The key is to frontload the initial filing with as much relevant evidence as possible to establish eligibility and good moral character. Start by confirming the effective date of permanent residence and the eligibility period that applies. Then list every trip abroad, calculate physical presence, and flag any absence long enough to raise a continuous-residence issue. Review complete copies of prior immigration filings, relevant marriage records, tax returns, and any criminal records. Work from complete documents, not memory. Collect character reference letters and other affirmative evidence of good moral character, and address potential concerns with supporting documents and clear explanations.

USCIS has authorized officers, in appropriate cases, to deny an application without first issuing a formal request for evidence when required initial evidence is missing or the filing does not establish eligibility. Applicants should therefore build a complete, persuasive case from the outset rather than assume they will receive an opportunity to fill gaps later. The official Form N-400 instructions explain which materials are required in which circumstances.

Step 2: Submit the application and correct filing fee

As of October 2026, the N-400 filing fee is $710 for online filings and $760 for paper filings. Qualifying applicants can pay a reduced fee of $380 or obtain a fee waiver, and certain qualifying military applicants pay nothing.

Those fees will probably not last. In June 2026, DHS proposed raising the N-400 fee to $1,280 online and $1,330 on paper and eliminating both the reduced fee and fee waivers for naturalization. The June 2026 proposed rule explains the changes. The comment period closed on August 24, so a final rule could come at any time. If DHS adopts the proposed fees, applicants who pay the standard filing fee will pay $570 more than they do today. Applicants who are already eligible therefore have reason to file before an increase takes effect. Filing before you are eligible to beat the increase is a mistake, because a premature application will be denied and the fee lost. Check the USCIS fee schedule on the day you file, because an application with the wrong fee can be rejected before anyone looks at eligibility.

Step 3: Biometrics and background checks

USCIS runs background and security checks and sends instructions for fingerprints, photographs, and other biometrics. Under current USCIS policy, applicants filing Form N-400 should expect to attend a biometrics appointment, even if USCIS collected their fingerprints and photographs for an earlier immigration application. Follow each notice, keep every appointment, and keep your address current with USCIS. A missed notice can delay the case and take considerable extra work to fix.

Step 4: The naturalization interview

At the interview, a USCIS officer reviews the application and asks whatever questions are needed to decide eligibility. The questions cover immigration history, residence, travel, employment, and family, and unless an exception applies, the officer also gives the English and civics tests. Bring your green card, your passports, the interview notice, civil documents and any records USCIS requested. An applicant whose case involves long trips abroad, an arrest, or another significant issue should arrive ready to explain it, with documents that support the explanation.

Passing the civics test does not establish eligibility if the officer still has questions about continuous residence, good moral character, or how permanent residence was obtained. The officer can approve the application, request more evidence, continue the case, or deny it.

Step 5: The Oath of Allegiance

After approval, the applicant attends a naturalization ceremony and takes the Oath of Allegiance. The oath includes commitments to support and defend the Constitution, renounce prior allegiances, and take on specified obligations to the United States, subject to certain exceptions and modifications. USCIS reviews any changes in the applicant's circumstances before the ceremony, and an arrest, a long trip, or a change in marital status after the interview can still derail the case. Approval alone does not make anyone a citizen. Citizenship begins with the oath, after which the new citizen receives a Certificate of Naturalization that should be kept somewhere safe.

11. How Long Does Naturalization Take?

Processing times depend on USCIS workload, the office handling the case, and the facts of the application. Simple cases move faster than those that require extra background checks, missing documents, or a closer look at eligibility. A long travel history or a complicated immigration record can add significant time, especially if USCIS requests more evidence. The USCIS processing-times tool gives current estimates, which are averages and promise nothing about any particular case.

Nationality has also affected timing. Beginning in December 2025, USCIS held naturalization applications, interviews, and oath ceremonies for nationals of what grew to 39 countries covered by the administration's travel restrictions. A federal court in Rhode Island vacated that hold on June 5, 2026, and declined to stay its ruling, and in August the First Circuit refused to restore the hold during the appeal. The litigation continues, and applicants from the affected countries should confirm the current status before filing and before traveling abroad while a case is pending.

A delay after the interview is a different situation. Under Section 336(b) of the Immigration and Nationality Act, if USCIS has not decided a case within 120 days after the naturalization examination, the applicant can ask a federal district court to decide it or to send it back to USCIS with instructions. Whether to take that step depends on why the case is stuck and on the applicant's circumstances.

12. What Happens if USCIS Denies Naturalization?

A denial does not mean the applicant can never become a citizen, but the next step depends on why USCIS denied the case. The written decision states the basis, which may be insufficient evidence, failure to meet a statutory requirement, or a misreading of the law or the facts.

Requesting a hearing with Form N-336

An applicant who believes USCIS got it wrong can request an administrative hearing by filing Form N-336. The deadline is 30 calendar days after the decision is served, or 33 days if USCIS mailed it, and a late request will be rejected. The hearing is most useful when USCIS misunderstood the evidence, applied the wrong legal standard, or ignored relevant information.

The hearing is also the gateway to federal court. Under Section 310(c) of the Immigration and Nationality Act, an applicant whose denial is upheld at the hearing can seek de novo review in federal district court, where the judge decides eligibility independently instead of deferring to USCIS. An applicant who skips the hearing generally loses the right to that review. The N-336 currently costs $830 on paper and $780 online, and the June 2026 proposal would raise those fees to $1,475 and $1,425 and end fee waivers for the form. Decide quickly, because missing the deadline forfeits both the hearing and the path to court.

Reapplying after a denial

Sometimes the better course is to fix the problem that caused the denial and file again. An applicant who lacked physical presence must wait until the lookback period contains enough days in the United States, and one whose continuous residence was broken must complete a new qualifying period under the rules in Section 8. Denials based on criminal history, an immigration violation, or a defect in the original green card are different, because waiting does not cure them. Before refiling, make sure the reason for the denial has actually been resolved and that the new application will not create new risk.

13. Does Naturalization Affect Your Children?

A parent's naturalization can make a child a U.S. citizen automatically, with no separate application, if the child meets the Child Citizenship Act requirements described in Section 2 before turning 18. Families whose children live abroad, lack green cards, or are close to 18 should check those requirements before the parent takes the oath, because the child's age, status, and residence determine whether citizenship passes automatically. Children who do not qualify automatically may have other options, including a separate process for children of citizens who live abroad.

14. Frequently Asked Questions About U.S. Naturalization

Can I travel outside the United States while my N-400 is pending?

Yes. Filing Form N-400 does not bar international travel, and you remain a permanent resident until you take the oath. Travel can still hurt the case. A long absence after filing can break continuous residence, which must continue through naturalization, and you need to be available for USCIS appointments and the oath ceremony. A pending N-400 does not replace the travel documents a permanent resident needs, so think through the consequences before a long trip.

Can I naturalize if my green card has expired?

Yes, as long as you still hold permanent resident status and meet the other requirements. An expired card does not end permanent residence. The N-400 receipt notice presently extends the validity of an expiring or expired green card for 24 months, and the notice and card together serve as proof of status during the extension. Renewing or replacing a card by filing Form I-90 follows separate rules. Make sure you have adequate proof of status before traveling abroad.

Can I apply for naturalization while Form I-751 is pending?

Yes, if you otherwise qualify. Conditional residents who obtained status through marriage must file Form I-751 to remove the conditions, and an applicant who meets the naturalization requirements while the I-751 is pending can file an N-400. USCIS must decide the I-751 before or together with the N-400, and filing for naturalization does not excuse anything the I-751 requires. Time spent as a conditional resident counts toward the naturalization residence period.

Can I get citizenship after obtaining a green card through asylum or refugee status?

Yes. Permanent residents who came through the asylum or refugee programs can naturalize once they meet the requirements, and special rules set the start of their residence period. A refugee's permanent residence dates back to arrival in the United States, and an asylee's dates back one year before the adjustment application was approved, which moves up the date they can apply. Travel history needs attention too. A trip back to the country associated with the original persecution claim can raise questions about that claim, and those questions are better handled before filing than at the interview.

Do I have to give up my original citizenship?

Not necessarily. The United States permits dual nationality, even though the Oath of Allegiance includes language renouncing allegiance to foreign states. Whether naturalizing costs you your other nationality depends on that country's law. Some countries allow dual citizenship freely, and others prohibit it or attach conditions affecting property ownership, voting, or other rights. China and India do not permit it. A Chinese national who has settled abroad loses Chinese nationality automatically upon naturalizing, and an Indian citizen loses Indian citizenship upon acquiring another, although Overseas Citizen of India status preserves many practical benefits. Check the other country's law before you take the oath.

Can I naturalize if I have been arrested but never convicted?

Often, yes. An arrest without a conviction does not disqualify an applicant, but USCIS can look at the underlying conduct, and the arrest must be disclosed even if the charges were dismissed or the record sealed. Bring certified copies of the arrest record and court disposition to the interview.

Can I still naturalize if I am divorced from my U.S. citizen spouse?

Yes, under the five-year rule, if you meet its requirements. Divorce ends eligibility under the three-year marriage provision, so an applicant who divorces before the oath has to qualify on the five-year timeline instead. USCIS can also look at whether the original marriage was genuine, and a real marriage that ended in divorce is a very different matter from one entered into for immigration purposes.

Do I need an immigration lawyer to apply for naturalization?

Not always. Permanent residents with simple histories often file on their own and do fine. Long periods abroad, nonresident tax filings, an arrest, or inconsistencies in earlier immigration filings are all reasons to have the case reviewed first, because in those cases the form itself can reveal problems that put the green card at risk.

15. How Harris Sliwoski Helps with U.S. Naturalization

Many permanent residents can apply for citizenship without a lawyer. Others have histories that make the decision more complicated than it looks, and the hard part is spotting the problem before the application goes in. At Harris Sliwoski, we review travel histories and calculate physical presence, analyze long absences under the continuous-residence rules, and work with clients' accountants when the answer turns on how tax returns were filed. We prepare clients for their interviews and attend with them. When a case is delayed or denied, we handle N-336 hearings, and our litigation team handles federal court actions under Sections 336(b) and 310(c).

Much of our naturalization work comes from the international side of our practice. Our immigration lawyers work with technology startups and with companies and executives from India, China, Latin America, Spain, Portugal, and Australia, and the firm helps companies set up operations in those same places. We have lawyers in Barcelona, Lisbon, Madrid, Mexico City, and Sydney, and lawyers fluent in Spanish, Chinese, and Portuguese. Many of the permanent residents we advise on citizenship first came here as executives or managers on intracompany transfers, and their businesses keep them traveling. We plan for that travel before it becomes a problem by structuring trips, obtaining reentry permits, filing N-470 applications, and checking Section 319(b) eligibility before an assignment begins.

Our immigration practice leader, Akshat Divatia, is himself a naturalized U.S. citizen and understands the process from both the applicant’s and the attorney’s perspective. His practice centers on business immigration. That includes intracompany transfers for executives and managers of foreign companies expanding into the United States and employment-based green cards for multinational managers and professionals, and many of his naturalization clients are people he first helped come to this country. He has advised a permanent resident on keeping a green card through an overseas assignment and obtained a reentry permit and helped preserve residence for a manufacturing executive sent abroad for two years by a U.S. employer. He has also guided a technology executive with heavy Asia travel through naturalization after documenting that his continuous residence survived an extended absence. He helped a former NASA employee become a naturalized citizen and has guided countless applicants to U.S. citizenship, building strong cases and seeing them through to the Oath of Allegiance.

Sometimes our best advice is to wait. Filing too soon can expose a serious problem with a person's right to stay in the United States, and finding that problem first gives the applicant time to understand the risk and choose the best course. If you are considering U.S. citizenship and have questions about your eligibility, contact our immigration law team before you file.

This article provides general information about U.S. immigration law and does not constitute legal advice. Naturalization eligibility depends on individual circumstances, and immigration laws, agency policies, filing fees, and procedures can change. The hypothetical examples in this article illustrate how particular legal rules apply and do not describe actual Harris Sliwoski clients or cases.