Your Subtitle text

NATURALIZATION

CONTINUOUS RESIDENCE & PHYSICAL PRESENCE REQUIREMENTS

Candidates, other than those serving in the U.S. military, must show that they have the requisite period of continuous residence and physical presence in the United States. Although many requirements exist for eligibility to naturalization, residence in the U.S. can be the most complex substantive requirement for naturalization. Residence is defined as a person’s place of general abode. In other words, the place a person makes “their principle, actual dwelling place in fact, without regard to intent.”

Continuous Residence

How many years of continuous residence as a legal permanent resident is required?

As a general rule, an applicant for naturalization must continuously reside, after having received legal permanent residency, in the U.S. for at least five years and also meet certain requirements dealing with the time actually physically spent in the United States.

Is there a residence requirement after the applicant has submitted an application for naturalization?

Between the filing of the naturalization application and the granting of citizenship, the applicant must continuously reside in the U.S., but absences may be allowed.

If the applicant is married to a U.S. Citizen, do the rules change?

One of the most important benefits spouses of U.S. citizens have with regard to naturalization is that they make seek U.S. citizenship after only three years as a permanent resident, rather than five, as is generally the case. The applicant must be married to a U.S. Citizen and prove that he or she has lived in marital union with that spouse for the entire 3 years and the citizen member of the couple must have been a citizen for the entire three year period. Should the couple no longer be living together as husband and wife, the residency requirement for naturalization will revert to the normal five years. Proof of the bona fide marital union is required.

Physical Presence

In general, how many years of physical presence is required for naturalization up until the time the application is filed?

Generally, an applicant for naturalization must have continuously resided in the U.S. for 5 years immediately preceding the filing date of the application with 1/2 of that time physically spent in the United States.

Which physical presence requirements apply when a spouse of a US citizen applies for citizenship?

Provided that the spouse is applying under the spousal category of eligibility, the spouse must have physically resided 18 months, which is again one half of the continuous residence period.

What is the exception to the general rule about physical presence? If the applicant is married to a U.S. Citizen, do the rules change?

The general requirement is 5 years. However, if the applicant is married to a U.S. citizen and has lived in marital union with that spouse for 3 years, the applicant must have been physically present in the United States for 1/2 of the 3 years.

Place of Residence Determines Where to File

Is an applicant required to 'physically reside' in the US when applying for naturalization?

During the three months preceding the filing date of the application, the person must have resided in the USCIS district where the application will be filed. The applicant's place of residence determines which USCIS office adjudicates the application. This does not mean travel is forbidden. It is important to realize that the requirement of spending half of one’s time in the U.S. continues to apply at the time of naturalization as well as the time of application.

Absences outside the U.S.

Will an applicant be denied naturalization if absent for 6 months to a year from the US during the 5 year period prior to the application?

Absences abroad need to be considered in light of preserving legal permanent residency as well as eligibility for naturalization. Simply being absent from the U.S. during brief periods, even for six months up to a year in the five years prior to a citizenship application, does not terminate the period of physical presence required for naturalization. However, such absences need to be dealt with carefully. They are presumed to break the period of continuous residence if they last over six months. This presumption can be overcome by demonstrating that the applicant did not abandon the U.S. residence. See the travel abroad page on this site for more information about preserving legal permanent residency and abandonment of status.

Evidence that could be used in this regard includes evidence of continuing U.S. employment, family in the U.S., maintaining a home in the U.S., and evidence that no employment abroad has been obtained.

Will an applicant be denied naturalization if absent for more than a year from the US during the 5 year period prior to the application?

Absences of more than one year will terminate continuous residence unless the applicant complies with certain requirements.

First, the applicant must be employed by one of the following:

The US government

A US research institution recognized by the Attorney General

A US business engaged in the development of foreign trade and commerce

A public international organization of which the US is a member

Before the one-year period outside the United States is up, the applicant must file an application to preserve residency with USCIS and must demonstrate employment by one of the organizations listed above. The applicant must then prove again that the absence from the U.S. was because of employment. Even when these requirements are met, it is important to remember that the requirement that half of the five years prior to filing the naturalization application be spent in the U.S. still applies.

What absences will be considered as “constructive presence” in the US?

The only exception to this requirement is for time outside of the U.S. during which a person is considered to be “constructively present” in the U.S. The most common example of this is overseas military service.

GENERAL REQUIREMENTS FOR NATURALIZATION

Be at least 18 years of age

Establish good moral character

Have the ability to read, write, and speak basic English (limited exceptions)

Have basic knowledge and understanding of U.S. history and government

Be willing to take the Oath of Allegiance

BENEFITS
OF NATURALIZATION

Naturalization is key to civic participation.
U.S. citizens gain civic responsibilities and have the power to make a difference in their community.
Citizenship increases employment opportunities.
U.S. citizens have the right to vote.
U.S. citizens can obtain a U.S. passport and therefore travel with more conveniences.
As a U.S. citizen, you no longer have to calculate days spent abroad and worry about unintentionally abandoning your status.
U.S. citizens may petition for some family members to become legal residents.
Financial Note: As a general rule, an American citizen can leave his or her American citizen spouse an unlimited amount at his or her death without any tax liability to the estate. With careful planning, the surviving spouse will avoid estate taxation as well. Not so for non U.S. citizens.

NEW NATURALIZATION CIVICS TEST

For naturalization applicants who seek a waiver of the civics examination, Kennedy Law Firm advises you to prepare, as best able, for the civics exam irrespective of submission of a waiver request. The above information is provided for awareness and should not be construed to imply that any individual waiver applicant is necessarily subject to the civics examination.

Expedited Process for Spouses of U.S. Citizens Employed Abroad

Am I subject to resident requirements if I am a legal permanent resident married to a US citizen spouse who is employed abroad?

As previously mentioned, under section 319(b) of the Immigration and Nationality Act, spouses of U.S. citizens who are employed abroad also benefit from an expedited naturalization process.

U.S. citizen must be employed by a qualifying organization, which can be:

The US government,

A recognized US research institution, A US business engaged in foreign trade,

An international organization of which the US is a member or participant, or

A religious denomination, for the purpose of performing religious work.

The regulations specify that the citizen spouse’s employment abroad must be for a period of at least one year, but if this requirement is met, the naturalization application can be filed before the employment abroad begins. Also, there is no minimum required residence in the U.S., nor a minimum period for which the applicant must have been a permanent resident. The applicant must, however, declare their intention to reside permanently in the U.S. upon the termination of their spouse’s foreign employment. Unfortunately, many USCIS officials are not familiar with this rule and we have received numerous reports over the years of people who encountered difficulties as a result of USCIS officials failing to grasp the actual law on this subject.

Waiver of the Residence Requirement

In which cases are the residence requirements waived?

Residence requirements are waived if an applicant is the spouse of a U.S. citizen and meets one of the following classifications:

A member of the U.S. Armed Forces;

An employee or an individual under contract to the U.S. Government;

An employee of an American institution of research recognized by the Attorney General;

An employee of an American-owned firm or corporation engaged in the development of foreign trade and commerce for the United States;

An employee of a public international organization of which the United States is a member by law or treaty; or

A person who performs ministerial or priestly functions for a religious denomination or an interdenominational organization with a valid presence in the United States

AND

The citizen spouse is working overseas for at least 1 year according to an employment contract or order, then the residency requirements are actually waived.