New Jersey U.S. Citizenship & Naturalization Lawyers

Eligibility for naturalization is determined by specific criteria outlined in the INA. While USCIS offers an online Naturalization Eligibility Tool for a preliminary assessment, it does not guarantee eligibility; the final determination is made by USCIS after reviewing the application. The core requirements generally include:

Age: Applicants must typically be at least 18 years old when filing Form N-400, Application for Naturalization. Certain exceptions exist for qualifying members of the U.S. military applying under specific provisions (INA 329).

Lawful Permanent Resident (LPR) Status: Applicants must demonstrate they were lawfully admitted to the United States for permanent residence and generally must maintain that status until they take the Oath of Allegiance. A copy of the front and back of the applicant’s Permanent Resident Card (Green Card) must be submitted with the application. Specific military naturalization paths under INA 329 may allow application even without LPR status if certain enlistment conditions are met.

Residency and Physical Presence: These are two distinct requirements related to time spent in the U.S. Misunderstanding or miscalculating these periods is a common reason for application denial, underscoring the need for careful tracking of all time spent outside the U.S.

• Continuous Residence: This refers to maintaining LPR status and residing principally in the U.S. for a specific period immediately preceding the filing of the N-400 application and continuing until the Oath of Allegiance.
  • Standard Requirement: Generally, 5 years of continuous residence is required.
  • Spouse of a U.S. Citizen: The requirement is reduced to 3 years if the applicant has been an LPR for 3 years, has been married to and living in marital union with the same U.S. citizen spouse for the entire 3 years, and the spouse has been a U.S. citizen for all 3 years.
• Physical Presence: This refers to the total number of days the applicant was physically inside the United States during the relevant statutory period before filing.
  • Standard Requirement: Must be physically present in the U.S. for at least 30 months (half of 5 years).
  • Spouse of a U.S. Citizen: Must be physically present for at least 18 months (half of 3 years).
• State or USCIS District Residence: Applicants must demonstrate they have lived in the state or USCIS district where they file their application for at least three months immediately prior to filing

Good Moral Character (GMC): Required during the statutory period (5, 3, or 1 year depending on eligibility) up to the Oath. Assessed based on community standards, considering criminal history, truthfulness, tax compliance, child support, and Selective Service registration. Full disclosure of all arrests/citations is critical. Failure to register for Selective Service (males 18-26) or pay taxes can negatively impact GMC

English Language and U.S. Civics Knowledge: Most applicants must demonstrate a basic ability to read, write, and speak English, and possess knowledge and understanding of the fundamentals of U.S. history and government (civics). These abilities are assessed during the naturalization interview and test. The English standard focuses on functional communication related to the application process, not native-level fluency.