Becoming a US citizen is the final step in the immigration journey. But applying before you're ready can result in denial or even deportation proceedings.
Key Takeaways
- Residency and physical presence requirements are strict
- Good moral character is evaluated for the statutory period
- Criminal history can affect eligibility
- Certain answers on the application require careful review
Basic Requirements
- 5 years as permanent resident (3 if married to USC)
- Physical presence and continuous residence
- Good moral character
- English and civics proficiency
- Attachment to the Constitution
Common Issues
Travel Absences
Trips over 6 months can break continuous residence. Trips over 1 year almost certainly do.
Tax Compliance
Failure to file required tax returns affects good moral character.
Continuous Residence vs. Physical Presence
These are two different clocks.
1. Physical Presence: You must be physically in the US for 30 months out of the last 5 years (913 days).
2. Continuous Residence: You must not have "abandoned" your home. A trip longer than 6 months raises a presumption you disrupted residence. A trip longer than 1 year automatically breaks it.
If you broke continuous residence, you typically have to wait 4 years and 1 day after your return to apply (or 2 years 1 day for marriage cases).
Selective Service Registration
A common trap for men: If you were in the US (in any status other than strict non-immigrant like F-1 valid status) between ages 18 and 26, you were required to register for Selective Service. Failure to do so can be a permanent bar to citizenship if it was "willful and knowing."
If you are over 31, this typically washes out under the 5-year Good Moral Character period, but it's a critical check for younger applicants.
Derivation of Citizenship
Did you know you might already be a citizen? If one of your parents became a US Citizen before you turned 18, and you were living in their legal and physical custody as a green card holder, you may have "derived" citizenship automatically under the Child Citizenship Act of 2000.
In this case, you do NOT file N-400. You file Form N-600 (Application for Certificate of Citizenship). It is cheaper and safer because there is no civics test.
Continuous Residence vs. Physical Presence
These are two different clocks.
Physical Presence: You must be physically in the US for 913 days (30 months) out of the last 5 years.
Continuous Residence: You cannot abandon your home. A trip > 6 months creates a "rebuttable presumption" you abandoned residence. A trip > 1 year breaks residence absolutely, forcing you to wait 4 years and 1 day to reapply.
Don't Risk Your Immigration Future—Get Professional Advice
Every case is unique, and small mistakes can lead to years of delays or denial. Don't rely on general online information. Schedule a consultation to discuss your specific situation with an experienced attorney who can protect your rights.
We offer a free 15-minute consultation to review your case.
Get Your Free Consultation NowCan I apply with a criminal record?
It depends. Aggravated felonies are permanent bars. Crimes of Moral Turpitude (CMT) within the last 5 years block you. DUIs are not automatic bars but require you to prove you've been rehabilitated. Always show a certified court disposition.
What determines the 'Good Moral Character' period?
It looks back 5 years (3 years for marriage cases) from the date of filing. However, USCIS can look beyond that period for serious conduct that reflects on your character today.
Disclaimer: This article is for general information only and is not legal advice. Every case is fact-specific. For legal advice, consult a licensed attorney.