Are You Eligible to Become a U.S. Citizen by Naturalization?

Generally, in order to become a U.S. citizen by Naturalization, a Legal Permanent Resident, (a “LPR”), must meet the following requirements:

1. Be at least 18 years of age.
2. Demonstrate that she/he has been a lawfully admitted permanent resident of the United States for at least five years or more or three to five years if married to and living with a U.S. citizen.
3. Demonstrate continuous residence in the United States for at least five years or more or three to five years if married to and living with a U.S. citizen.
4. Demonstrate physical presence in the United States for at least 30 months out of the 5 years.
5. Demonstrate she/he has lived for at least 3 months in a state or USCIS district having jurisdiction over the LPR’s place of residence.
6. Show good moral character.
7. Be able to read, write, and speak basic English (English Requirement).
8. Have knowledge and understanding of the fundamentals of the history, principles and forms of government of the United States (Civics Requirement).
9. Demonstrate an attachment to the principles and ideals of the U.S. Constitution.
10. Take the Oath of Allegiance to the United States.

To show compliance with the English Civics Requirement, the LPR must undergo an English Test and a Civics Test. There are, however, certain exemptions to the English Test. Specifically:

1. The 50/20 Exemption: if the LPR is 50 years of age or over and has been a lawful permanent resident for 20 years or more, then the English Test is waived, but the LPR must still undergo the Civics Test in the language of their choice.
2. The 55/15 Exemption: if the LPR is 55 years of age or over and has been a lawful permanent resident for 15 years or more, then the English Test is waived, but the LPR must still undergo the Civics Test in the language of their choice.
3. The 65/20 Exemption: if the LPR is 65 years of age or over and have been a lawful permanent resident for 20 years or more, then the English Test is waived, but the LPR must still undergo a specially designated Civics Test in the language of their choice.

If applicable, a LPR may also request for a complete waiver of both the English and Civics Tests. For such a request, the LPR must show that she is unable to comply with such Tests because of a physical or developmental disability or a mental impairment.

The attorneys at May Oberfell Lorber are well-versed in helping clients navigate through the Naturalization process.

This article is for information purposes only and is not intended to constitute legal advice.