How to Become a U.S. Citizen

Lawful permanent residents may wish to be naturalized to a U.S. citizen for several reasons. Either for the ease of traveling internationally, to participate in the voting process, or to eliminate fears of deportation. It is important to have a skilled lawyer who knows the requirements needed for naturalization and can retrieve all the needed documentation to support your application.

The Requirements

Generally, a lawful permanent resident can apply to be naturalized if they meet the following requirements:

• Must be eighteen (18) years or older;
• Must be a permanent resident for certain period of time;
  • Five (5) years or three (3) years for spouses of U.S. Citizens if married and living together during this period and still married at the time of the petition.
  • The period must be considered continuous.
  • Applicant cannot be physically absent from the U.S. for a period totaling more than thirty (30) months. An absence of over six (6) months triggers a presumption of a break of continuity and an absence of over one (1) year will break the continuity (if it occurs within five (5) years of the submission of the application). All absences will be listed in the application.
  • The applicant must also reside in their current state for three months prior to submitting their application.
• Must demonstrate a good moral character;
  • Although the applicant’s character during the five (5) years immediately prior to filing is critical, the USCIS may take into account even earlier conduct. An application will likely not be approved until after probation, parole, or a suspended sentence has been completed.
  • Issues may arise if an applicant failed to register for Selective Service between the ages of eighteen (18) and twenty-six (26).
  • An applicant must maintain a good moral character up to the time that the oath of allegiance is taken.
  • Failure to disclose even minor criminal or traffic infractions on an application may be considered evidence of a lack of good moral character.
  • Even recreational use of marijuana, even if not a violation of state law, is generally a bar to establishing good moral character. However, a misstatement or innocent mistake does not constitute an intentionally false statement justifying denial of an application.
• Must show attachment to the principles of the Constitution;
• Must display an ability to read, write, and speak English; and
  • Applicants must read one sentence, out of three sentences, in a manner suggesting to the USCIS Officer that the applicant appears to understand the meaning of the sentence.
  • Applicants must write one sentence, out of three sentences, in a manner that would be understandable as written to the USCIS Officer.
  • Exceptions apply for some applicants who are unable to demonstrate literacy or complete the history and government test due physical or developmental disability or mental impairment that is not due to the direct effects of the illegal use of drugs. Applicants must submit a medical certification on Form N-648 as a part of their application.
• Must demonstrate a knowledge of the fundamentals of the history, principles, and form of government of the U.S;
  • Applicants must pass a test on U.S. History and government principles.
  • Exceptions apply for some applicants who are unable to demonstrate literacy, however, the examination on history and government is required in their preferred language.
  • An applicant that fails this test can take the test one more time within ninety (90) days after the first examination but no earlier than sixty (60) days after the initial examination.
• Cannot be in a barred category, i.e. deportee status, draft avoider, subversive, inexcusably absent from armed forces duty.

An applicant is required to show these requirements by a preponderance of the evidence.

The Application Process

1. The naturalization process starts with the submission of Form N-400 (Preliminary Application to File Petition for Naturalization).

• This can be filed three (3) months prior to the applicant’s fulfillment of the residency requirement.
• This can be submitted online or by mail or courier with the USCIS lockbox facility having jurisdiction over the applicant’s residence.
• The filing fee for this application is generally around $640.

2. An applicant must also submit two photographs (similar to the one completed for residency applications) if the resident is applying overseas. Otherwise, digital photographs will be taken of the applicant when they are required to appear for biometric processing.

• The applicant must pay a biometric fee of around $85.
• The biometric appointment is scheduled by USCIS after the application is submitted at an Applicant Support Center.
• Naturalization interviews will be delayed until all fingerprint and background checks are completed. As of June of 2022, current processing times for Sacramento, CA are estimated to take 18.5 months.

3. An applicant will be required to complete a naturalization interview. They are entitled to be represented by an attorney during this interview.
   1. Applicants will be questioned regarding the information submitted in their application.
   2. Applicants must pass a test on U.S. History and government principles.
   3. Applicants must display an ability to read, write, and speak English.

• The test questions are selected from a list of 128 that are posted on the USCIS website. An applicant must answer 12 out of the 20 questions correct. Older applicants are allowed to take a less demanding test. They must answer six (6) questions correct from ten (10) questions that are selected from a list of twenty-five (25).
• Applicants must read one sentence, out of three sentences, in a manner suggesting to the USCIS Officer that the applicant appears to understand the meaning of the sentence.
• Applicants must write one sentence, out of three sentences, in a manner that would be understandable as written to the USCIS Officer.
• Exceptions apply for some applicants who are unable to demonstrate literacy or complete the history and government test due physical or developmental disability or mental impairment that is not due to the direct effects of the illegal use of drugs. Applicants must submit a medical certification on Form N-648 as a part of their application.

4. An applicant must take an oath of allegiance during a public ceremony.

• Applicant must renounce allegiance to all other countries.

Failing to properly complete the application or submit the necessary documentation can result in a denial of your application or even the initiation of deportation proceedings. It is important to have a legal expert on your side when facing these potentially negative outcomes.

Please contact Albert Mendoza Law for a free consultation at (916) 256-3434 or by clicking our consultation button on the top right of our website.

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