If you’re a Green Card holder thinking about becoming a U.S. citizen, you’re not alone. Many permanent residents take the next step to citizenship through a process called naturalization. Depending on how you got your Green Card, you may qualify after 5 years—or even just 3 years if you’re married to a U.S. citizen. In this post, we’ll explain:
- The 5-year rule for employment-based or family-sponsored Green Cards
- The 3-year rule for spouses of U.S. citizens
- Basic requirements to apply for naturalization
What Is Naturalization?
Naturalization is the legal process through which a Green Card holder becomes a U.S. citizen. After naturalization, you’ll gain new rights, such as the ability to vote in federal elections, apply for a U.S. passport, and petition for family members to immigrate.
The 5-Year Rule for Green Card Holders
Most permanent residents qualify for U.S. citizenship after 5 years. This applies if you received your Green Card through:
- Employment-based sponsorship
- Family sponsorship (as an immediate relative of a U.S. citizen or other family category)
- The Diversity Visa Lottery
Eligibility Requirements:
- Continuous Residence: You must have lived in the U.S. for at least 5 years as a Green Card holder.
- Physical Presence: You must have been physically present in the U.S. for at least 30 months (2.5 years) out of those 5 years.
- Good Moral Character: No serious criminal history or immigration violations.
- English and Civics Knowledge: You’ll need to pass a test on your English language skills and knowledge of U.S. history and government.
The 3-Year Rule for Spouses of U.S. Citizens
If you’re married to a U.S. citizen, you may qualify for naturalization after just 3 years as a Green Card holder. This is known as the “3-year rule.”
Eligibility Requirements:
- Marital Status: You must have been married to your U.S. citizen spouse for the entire 3-years.
- Continuous Residence: You must have lived in the U.S. as a Green Card holder for at least 3 years.
- Physical Presence: You must have been physically present in the U.S. for at least 18 months out of those 3 years.
- Good Moral Character: Same as the 5-year rule.
- English and Civics Test: You’ll still need to pass the naturalization test.
Note: If you divorce your U.S. citizen spouse before applying, you’ll likely need to wait until you meet the 5-year rule instead.
General Requirements for All Applicants
Regardless of whether you’re applying under the 5-year or 3-year rule, you’ll also need to meet these basic requirements:
- Be at least 18 years old
- Have held a Green Card (permanent resident status) during the required time
- Show good moral character
- Pass the English language and civics tests (with some exceptions for older applicants)
- Take an oath of allegiance to the United States
Application Process: Step-by-Step
- Complete Form N-400: This is the Application for Naturalization. You can file it online or by mail.
- Submit Required Documents: Include a copy of your Green Card, passport photos, and other documents.
- Pay the Filing Fee: Check USCIS filing fees for the current fee.
- Attend the Biometrics Appointment: USCIS will take your fingerprints for a background check.
- Complete the Interview: A USCIS officer will review your application, ask questions, and administer the English and civics tests.
- Receive a Decision: If approved, you’ll receive an invitation to the oath ceremony.
- Attend the Oath Ceremony: This is the final step where you officially become a U.S. citizen.
Common Questions
1. Can I travel outside the U.S. while waiting for naturalization? Yes, but extended trips (over 6 months) can affect your continuous residence requirement.
2. What if I fail the English or civics test? You’ll have two chances to pass. If you fail both, you can reapply after improving your skills.
3. Do I need to hire an attorney? Many people apply without legal help, but if your case is complex (e.g., past legal issues), it’s wise to consult an immigration lawyer.
Final Thoughts
Becoming a U.S. citizen is a significant milestone. Whether you qualify under the 5-year rule through employment or family sponsorship—or the 3-year rule through marriage—it’s important to understand the requirements and prepare your application carefully. If you’re unsure about your eligibility or need help with the process, consider reaching out to an experienced immigration attorney for guidance.
Schedule a Consultation with an Immigration Lawyer
We Can Help!
If you have questions regarding a U.S. immigration matter, we invite you to contact our team at Richards and Jurusik for detailed guidance and assistance. We aim to provide the most accurate and up-to-date information to make your immigration process smoother and less stressful. The immigration lawyers at Richards and Jurusik have decades of experience helping people to work and live in the United States. Please read some of our hundreds of 5-star client reviews! Contact us today to assess your legal situation.
