An adult permanent resident can apply to naturalize after holding a green card for five years (usually three for spouses of U.S. citizens), provided they meet the residence and physical presence rules, show good moral character, and pass the English and civics test. The process starts with Form N-400.
A green card usually comes after years of effort, so many people treat it as the finish line. For a large share of immigrants, though, it is the second-to-last step: citizenship brings the right to vote, the ability to petition for more relatives, access to federal jobs and protection from deportation. This guide explains who can file, how residence is counted, what drives the cost and what happens at the USCIS interview.
It describes the process in general terms rather than offering a ready-made answer for any one case. Every immigration history is different: some people got their green card through marriage, others through an employer or a family petition that took years. Alongside the rules, we point out where questions most often come up that require a closer look at the documents.
Who is eligible to apply for naturalization?
The standard path is for permanent residents. Under USCIS guidance for permanent residents of five years, an applicant must be at least 18 when filing Form N-400, have held permanent resident status for at least five years and have lived in the U.S. continuously during that time. The applicant also needs at least 30 months of physical presence in the United States out of the last five years and at least three months of residence in the state or USCIS district where the application is filed.
Spouses of U.S. citizens have a separate path. According to USCIS rules for applicants married to a U.S. citizen, three years as a permanent resident is enough if the applicant has been married to, and living with, the citizen spouse for that period. Physical presence must then total at least 18 months out of the three years. The marriage and the spouse’s citizenship must continue until the oath.
On either path, the applicant must show good moral character, attachment to the principles of the Constitution and willingness to take the oath of allegiance. Men within a certain age range must be registered with Selective Service. The exam covers basic English and knowledge of U.S. history and government. Some applicants qualify for partial exemptions from the testing requirements based on age, years as a permanent resident or a disability.
How is time abroad counted?
For families with relatives overseas, this is often the first practical question. Summers with aging parents, months spent caring for a sick relative, an inheritance to settle — long trips are common and not always planned. The USCIS Policy Manual chapter on continuous residence explains that an absence of more than 6 months but less than 1 year creates a presumption that continuous residence was broken. An absence of 1 year or more breaks it automatically.
The presumption can be overcome. USCIS lists examples of evidence: the applicant kept a U.S. job and did not work abroad, immediate family stayed in the United States, and the applicant kept access to, owned or leased a home here. In practice that means employer letters, a lease, utility bills and tax records. The earlier they are collected, the easier they are to present.
Moves are a separate issue. Families in New York often relocate, say from Queens or Brooklyn to New Jersey or Pennsylvania, and the application is filed where the applicant has lived for at least three months. A move across the Hudson shortly before filing may mean waiting a little longer. It also pays to count the 30 (or 18) months of physical presence day by day from passport stamps and travel records rather than from memory.
How much does a citizenship application cost?
The first component is the government filing fee for Form N-400. It changes from time to time, so check the current amount on the USCIS filing fees page before mailing anything. The same page covers fee waivers; USCIS grants one only when the applicant clearly shows an inability to pay.
The second component is any attorney’s fee, which depends on how complex the case is rather than on the form itself. An applicant with five years of permanent residence, no long trips and no contact with law enforcement is in a very different position from someone who must explain several months abroad, an old arrest or inconsistencies in earlier immigration filings.
Time and documents add to the total. Court records, civil records or certificates issued in another country may need certified English translations. There are also costs for photos, copies and travel to appointments. Because of these variables, we do not quote figures here — a reliable estimate is possible only after the documents have been reviewed.
Call to discuss your case: 212-227-8020
What happens between filing Form N-400 and the oath?
The first step is completing and filing Form N-400 with the fee. The form asks about addresses, employment, travel, marital history, children and any history with law enforcement. USCIS may then schedule a biometrics appointment for fingerprints, a photo and a signature. Next comes the interview notice from the USCIS office that covers the applicant’s place of residence.
At the interview, the officer reviews the application under oath and administers the test. According to the USCIS notice in the Federal Register, applicants who filed on or after October 20, 2025, take the 2025 version: up to 20 questions from a pool of 128, with 12 correct answers needed to pass. An applicant who is at least 65 and has been a permanent resident for at least 20 years answers 10 questions from a designated set of 20 and needs 6 correct. The English portion includes reading and writing a sentence, while speaking is assessed throughout the interview.
A decision follows the interview. The rules give applicants who fail the test a second opportunity. An approval leads to a ceremony where the applicant takes the oath of allegiance — only then does the person become a citizen and receive a Certificate of Naturalization. In other words, approval is not the end of the process; the oath is the formal moment citizenship begins.
Working with John Nicelli & Associates on a citizenship case
Many people file Form N-400 on their own, but when there are long trips, old arrests or a complicated immigration history, the firm can help put the documents in order. Here is what to expect and what to prepare.
- Long experience in immigration law. Naturalization is the final chapter of a longer story in which earlier petitions, visas and decisions all matter. John A. Nicelli, Esq. has practiced immigration law for more than 30 years, so bring copies of earlier immigration filings and decisions to the consultation.
- A conversation in the language you are most comfortable with. Details about trips, moves and past events are easier to explain in your own language. The firm consults in English, Polish, Spanish and Portuguese, which reduces the risk that something important is missed on the application.
- An eligibility review before filing. The first step is confirming that the applicant meets the residence and time-in-status requirements. An application filed too early or with miscounted time can be denied, so prepare a list of your trips abroad with dates.
- Interview and test preparation plus representation before USCIS. The firm’s citizenship services cover eligibility review, Form N-400 preparation, representation before USCIS, and preparation for the interview and test. It is worth agreeing at the start who will communicate with USCIS while the case is pending.
- Convenient consultation options. Not everyone can take time off to travel to Lower Manhattan. The firm offers consultations in person, by phone or by video, which makes it easier to share documents and ask follow-up questions.
More about John Nicelli & Associates in Manhattan — see the firm’s profile and immigration practice areas.
Which mistakes most often complicate naturalization?
Inconsistencies are the most common trap. The officer compares Form N-400 with earlier filings, and a different wedding date, a missing address or an omitted trip will raise questions. Errors or omissions can lead to a denial and a fresh start. Being untruthful is more serious still: concealing information from immigration authorities can sink an application regardless of other qualifications.
A second frequent issue is a history with law enforcement. Violent crimes usually lead to a denial, while minor past offenses do not necessarily close the door to citizenship — but they need to be reviewed with the court records in hand. Other avoidable problems include filing before the required period has passed and moving to another state shortly before submitting the form.
Citizenship also opens new options for the family. A citizen can petition for a wider circle of relatives than a permanent resident — see our guide to family-based immigration. If a case is already pending in immigration court, that is a different process altogether, covered in our guide to immigration court and removal defense.
Naturalization is not a race against the clock; it is a case where organized paperwork makes the difference. A list of trips, copies of earlier filings, proof of employment and residence, and any court records — with that set in hand, a conversation about the application can be specific. Studying for the test is a separate, predictable step.
The firm’s citizenship services — eligibility review, Form N-400 preparation, representation before USCIS, and preparation for the interview and test — are described on its citizenship and naturalization page. Consultations are available in English, Polish, Spanish and Portuguese. Talk to John Nicelli & Associates: 212-227-8020
Every case requires an individual assessment — please contact John Nicelli & Associates about your situation. This material is for informational purposes only and does not constitute legal advice. Prior results do not guarantee a similar outcome. Attorney advertising.
