Naturalization - Fourth Eligibility Requirement

The fourth and final requirement is that the applicant be a person of good moral character for the five (or three as discussed below) years immediately preceding the filing of the naturalization application. The Immigration and Nationality Act lists certain activities which will prohibit a finding of good moral character. Most of these activities relate to illiegal behavior including, but not limited to: prostitution, illegal gambling, possession of a controlled substance and giving false information to receive an immigration benefit. In addition, the applicant will not be found a person of good moral character if he or she has at any time been convicted of an aggravated felony.

If you are thinking about applying for naturalization, but you have a criminal conviction or pleaded guilty to a crime, you should speak to an immigration lawyer before filing the application.

Naturalization - 3rd Eligibility Requirement

Applicants for naturalization must have been physically present in the United States for at least 50% of the time during the five years immediately preceding the filing of their applications for naturalization. If the applicant is the spouse of a U.S. citizen or if the applicant qualified for permanent residence as the battered spouse or child of a U.S. citizen, he or she must have been physically present in the United States for at least 50% of the time during the three years immediately preceding the filing of his or her applciation for naturalization.

In addition, the applicant must have lived for at least 90 days within the U.S. Citizenship and Immigration Services district in which he or she applies.

The physical presence and residence requirements do not apply to the exceptions set forth below in the 1st Eligibility Requirement.

Naturalization - 2nd Eligibility Requirement

Apart from the exceptions mentioned in my 1st Eligibilty Requirement blog (see below), the earliest a person can apply for naturalization is 90 days prior to the fifth anniversary of becoming a U.S. permanent resident. For spouses of U.S. citizens as well as persons who obtained U.S. permanent resident status as a battered spouse or child of a U.S. citizen, the earliest an application for naturalization can be filed is 90 days prior to the third anniversary of becoming a U.S. permanent resident.

Naturalization - 1st Eligibility Requirement

The road to U.S. citizenship can be very long. In most situations, a person cannot apply for naturalization (i.e., U.S. citizenship) until he or she has been a U.S. permanent resident for five years.

If a person is married to a U.S. citizen and has been living in marital union with his or her U.S. citizen spouse for three years, that person may be eligible to apply for naturalization when he or she has been a U.S. permanent resident for only three years. Any person who obtained U.S. permanent resident status as a battered spouse or child of a U.S. citizen may also be eligible to apply for naturalization after three years in permanent resident status.

There are some exceptions, including the case of a person who has served in the U.S. military for at least one year. There is no requirement that the person first obtain U.S. permanent residence before applying for naturalization.

Other exceptions include, but are not limited to, a person whose spouse is a U.S. citizen regularly stationed abroad due to his or her employment and a permanent resident whose spouse is a member of the U.S. Armed Forces and is stationed abroad.