Legal permanent residents of the U.S. who have resided here for five years can apply for naturalization. If they are married to a U.S. citizen for three years legal permanent residents can apply for naturalization after only three years of residence in the United States. In order to qualify for the three year “statutory period” the legal permanent resident must have been married to the U.S. citizen and living in “marital union” for the entire three years before applying for naturalization. For half of this three or five year period of residence in the U.S. the legal permanent resident must have been physically present in the United States. Absences from the U.S. of more than six months but less than one year will create a rebuttable presumption that the applicant has broken his physical presence. Absences of one year or more will automatically make the person ineligible for U.S. citizenship. These periods of physical presence and residence in the U.S. must be carefully calculated before an application for naturalization is filed.

In addition to the physical presence and residency requirement, the applicant for naturalization must show that he or she had “good moral character” for the entire three or five year “statutory period” before applying for naturalization. What constitutes good moral character is a decision which is made on a case by case basis.

While certain serious crimes, such as murder or crimes deemed to be “aggravated felonies” by immigration can bar a person from naturalization for life, convictions for most crimes will not automatically bar you for naturalizing. The immigration officer may take into account circumstances surrounding the crime and the standards of the average citizen in the community in deciding whether a conviction indicates bad moral character on the part of the applicant.

Crimes which were committed within the statutory period of three or five years are more heavily weighted than those committed earlier than that, but they can also be considered. In cases in which an applicant for naturalization has a record of criminal convictions, it is important to submit evidence with the application that rehabilitates the character of the applicant. Evidence explaining how or why a person became involved in criminal conduct, or showing rehabilitation since the time of the conviction can be crucial in establishing good moral character. 

It depends on what the convictions are. Some convictions, like domestic violence convictions, automatically make you deportable. If you have a conviction for a deportable offense on your record you could be put into removal proceedings as a result of filing an application for naturalization.

Lesser convictions will not hurt you. Because of this it is important to consult with an experienced immigration attorney before you file an application for naturalization.

Literacy Requirement for Naturalization

Every person who applies for naturalization in the United States must show an understanding of the English language, and that he or she can read, write and speak in English. There are exceptions to this rule for long term legal permanent residents of the United States who have reached a certain age. A person who has been a legal permanent resident of the United States for at least 20 years and is at least 50 years old can be exempt from the English language requirement. A person who is at leas 55 years old and who has been a legal permanent resident of the U.S. for 15 years can also be exempt from this requirement.

Knowledge of History and Government of the United States

Every person who applies for naturalization must show that he or she has an understanding of the history and form of government of the United States. Even people who are exempt from the English language requirement must still pass the history and civics test.

If you are unable to pass the English language or history and civics tests for naturalization because you have a health condition which makes you unable to do this, you may file form N-648, Medical Certification for Disability Exception. This form must be filled out by a medical doctor of psychologist.

On this form the doctor must describe the disability or impairment that makes it impossible for you to pass these exams and explain the clinical methods he or she used to diagnose you with this condition. The N-648 form must explain these things in detail. If it is not completed in the right way it will be rejected by USCIS.

In some cases you can. Whether or not you derived U.S. citizenship from a parent depends on your date of birth, which parent was a U.S. citizen, and in some cases how much time your U.S. citizen parent spent in the United States before your birth. In some cases how much time you spent in the United can be used in determining whether or not you derived citizenship from a parent.

These cases are complex and depend on the fact situation in your history. It is best to consult an experienced immigration lawyer if you believe you may have derived U.S. citizenship from a parent.

There is a particular rule for children under the age of 18 who were born abroad and immigrate to the United States as legal permanent residents before their 18th birthday. If such a child is living in the United States in the legal and physical custody of his U.S. citizen parent after entering the U.S. as a legal permanent resident, that child automatically becomes a U.S. citizen.