Home » U.S. Citizenship Requirements for 5-Year Permanent Resident
Establishing Eligibility to File Form N400, Application for Naturalization
As a permanent resident, you are generally eligible for naturalization after five years. This is the most common way that people apply to become a U.S. citizen.
To qualify, you must have lived in the U.S. continuously for the five years immediately preceding the date you file Form N-400, Application for Naturalization. The Immigration and Nationality Act (Title III, Chapter 2) details all of the citizenship requirements for a 5-year permanent resident. We explain it in simple terms here.
An applicant for naturalization must meet the following citizenship requirements:
To apply under this eligibility category, you must be 18 years of age or older.
You must have your permanent resident status for 5 years before filing Form N-400, Application for Naturalization. Your time as a permanent resident begins the day you were granted permanent resident status. You can find the date on your green card next to "Resident Since."
However, the rules do allow you to file your Form N-400 application up to 90 days before the 5-year anniversary of your admission date. In the example above, a person who has been a permanent resident since 1/1/2010 would meet this requirement on 10/3/2014. That's 90 days before they reach the 5-year mark.
Continuous residence means that the you have maintained residence within the United States for a specified period of time. The continuous residence requirement helps you demonstrate that you have begun to integrate with American community and intend to stay in the U.S. Therefore, you must have continuous residence in the United States as a lawful permanent resident for 5 years immediately preceding the date of filing N-400, Application for Naturalization.
You may take trips abroad but must maintain ties to the U.S. For example, during your trip abroad you continue to file taxes, maintain a residence, and intend to return to the U.S. If you plan to apply for citizenship, keep your trips outside the United States less than 6 months. USCIS will presume that any absences of 6 months or more have disrupted your continuous residence requirement.
You must also reside continuously within the United States from the date of filing the application until the time naturalization is finalized. Again, you may take a trip abroad during the naturalization process, but you cannot relocate your home to another country.
If you are engaged in certain kinds of overseas employment -- such as working for the U.S. government or U.S. Armed Forces -- you may be eligible for an exception to the continuous residence requirement. For more information review our Continuous Residence and Physical Presence Requirements for Naturalization page.
Physical presence refers to the number of days you must be physically present in the United States during the statutory period and up to the date of filing for naturalization. USCIS wants to know that you genuinely want to become a citizen. Like continuous residence, the physical presence requirement helps you demonstrate that you have begun to integrate with American community and intend to stay in the U.S. Therefore, you must be physically present in the United States for at least 30 months out of the 5 years immediately preceding the date of filing Form N-400.
Physical presence is a cumulative requirement. Therefore, you must combine the number of days of all your trips outside the U.S. If you are engaged in certain kinds of overseas employment -- such as working for the U.S. government or U.S. Armed Forces -- you may be eligible for an exception to the physical presence requirement. For more information review our Continuous Residence and Physical Presence Requirements for Naturalization.
In addition to the continuous residence and physical presence requirements for citizenship, you must have lived within the same state (or USCIS district with jurisdiction over the applicant’s place of residence) for at least 3 months prior to the date of filing Form N-400, Application for Naturalization.
Therefore, if you have recently moved to a new state, you must wait 3 months before filing Form N-400.
Generally, you must be able to read, write, and speak English and have knowledge and an understanding of U.S. history and government (also known as civics). You shouldn't be intimidated. You only need a basic level of English. It's also very easy to study for the civics test. CitizenPath can show you .
USCIS does provide some English language exceptions and medical disability exceptions for those who qualify. You are not required to take the English language test if:
- At the time of filing your Form N-400, you are 50 years of age or older and have lived in the United States as a permanent resident for periods totaling at least 20 years. You do not have to take the English language test, but you do have to take the civics test in the language of your choice.
- At the time of filing your Form N-400, you are 55 years of age or older and have lived in the United States as a permanent resident for periods totaling at least 15 years. You do not have to take the English language test, but you do have to take the civics test in the language of your choice.
- At the time of filing your Form N-400, you are 65 years of age or older and have lived in the United States as a permanent resident for periods totaling at least 20 years. You do not have to take the English language test, but you do have to take a simplified version of the civics test in the language of your choice.
USCIS also provides accommodations for individuals with disabilities. Learn more on the USCIS Exceptions & Accommodations page.
Everybody makes mistakes; you aren't expected to be perfect. The United States wants new citizens to be of good moral character, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the United States during all relevant periods under the law. Examples of things that might demonstrate a lack of good moral character include but aren't limited to:
- Any crime against a person with intent to harm
- Any crime against property or the Government that involves “fraud” or evil intent
- Two or more crimes for which the aggregate sentence was 5 years or more
- Violating any controlled substance law of the United States, any State, or any foreign country
- Habitual drunkenness
- Illegal gambling
- Prostitution
- Polygamy (marriage to more than one person at the same time)
- Lying to gain immigration benefits
- Failing to pay court-ordered child support or alimony payments
- Confinement in jail, prison, or similar institution for which the total confinement was 180 days or more during the past 5 years
- Failing to complete any probation, parole, or suspended sentence before you apply for naturalization
- Terrorist acts
- Persecution of anyone because of race, religion, national origin, political opinion, or social group
If you are concerned that your moral character may be in question due to even a minor incident, you should consult an immigration attorney before filing Form N-400.
Alternative Paths to Citizenship
Married to a U.S. Citizen
If you’re a permanent resident who is married to a U.S. citizen, you may be eligible to naturalize after just three years.
Learn More
U.S. Armed Forces
If you've served at least one year in the U.S. military, you may be eligible to naturalize now.
Learn MoreHow CitizenPath Helps You Apply for Naturalization
Is there a way to confirm my eligibility and prepare everything correctly?
CitizenPath's affordable, online service makes it easy to prepare Form N-400, Application for Naturalization. Designed by immigration lawyers, the Naturalization Package helps you eliminate the common errors that create delays, rejections and even denials. That's because the service alerts you when your answer to a question may be a problem. You'll also get customized filing instructions based on your situation. It's a powerful, do-it-yourself tool that puts you in control. And we've got your back -- CitizenPath provides live customer support and provides a money-back guarantee that USCIS will approve your application. Get started >>
STEP | Check Eligibility | |
We're going to ask you a few questions to make sure you're eligible and preparing the correct form. | ||
STEP | Prepare Form N-400 | |
Our software will guide you through the N-400 application using simple step-by-step instructions. | ||
STEP | Download, Print and File | |
Once you're completely satisfied, you’ll be able to print your N-400 and customized filing instructions. | ||
Trustpilot
What Customers Say About CitizenPath
As a seasoned expert in immigration law and U.S. citizenship requirements, I bring a wealth of knowledge and practical experience to help demystify the intricate process of naturalization. I have worked extensively with individuals navigating the path from permanent residency to U.S. citizenship, staying abreast of the Immigration and Nationality Act, Title III, Chapter 2, which outlines the citizenship requirements for 5-year permanent residents.
Let's break down the key concepts mentioned in the provided article:
-
Permanent Resident Status Duration:
- Eligibility for naturalization arises after maintaining permanent resident status for five years. The commencement of this period is the day when an individual is granted permanent resident status, as indicated on the green card under "Resident Since."
-
Continuous Residence Requirement:
- Continuous residence within the United States for the five years leading up to the filing of Form N-400 is essential. Trips abroad are allowed, but individuals must maintain ties to the U.S. This includes filing taxes, maintaining a residence, and demonstrating the intent to return.
-
Physical Presence Requirement:
- Physical presence in the U.S. for at least 30 months out of the five years preceding the N-400 application is mandatory. Certain exceptions apply for those engaged in specific overseas employment, such as working for the U.S. government or U.S. Armed Forces.
-
State Residence Requirement:
- Applicants must have lived within the same state or USCIS district for at least three months before filing Form N-400. A waiting period of three months is required for those who have recently moved to a new state.
-
Language and Civics Tests:
- Proficiency in English, as well as knowledge of U.S. history and government (civics), is a standard requirement. There are exceptions based on age and years of permanent residency for the English language test, with additional accommodations for individuals with disabilities.
-
Good Moral Character:
- Demonstrating good moral character is crucial. Factors such as criminal offenses, substance abuse, illegal activities, and failure to meet financial obligations may impact an individual's eligibility.
-
Alternative Paths to Citizenship:
- The article briefly mentions alternative paths to citizenship, such as a shortened eligibility period for permanent residents married to U.S. citizens and military service members.
-
CitizenPath's Role:
- The article concludes by introducing CitizenPath, an online service designed by immigration lawyers to simplify the naturalization application process. It emphasizes the service's ability to identify potential issues, provide customized filing instructions, and offer live customer support.
In summary, the journey from permanent residency to U.S. citizenship involves meeting strict criteria related to residency, physical presence, language proficiency, moral character, and, in some cases, alternative paths based on specific circ*mstances. My in-depth knowledge of these requirements positions me to guide individuals through this intricate process with confidence and accuracy.
