Naturalization Lawyer in Salem

Naturalization Eligibility Requirements under USCIS

The U.S. Citizenship and Immigration Services (USCIS) sets the eligibility criteria applicants must meet before they can apply for naturalization.

Those requirements include:

• Age: Applicants must be at least 18 years old.
• Permanent residency: You must have held lawful permanent resident (green card) status for at least five years, or three years if you are married to and living with a U.S. citizen and meet the applicable requirements.
• Continuous residence: You must have lived continuously in the U.S. during the applicable five-year or three-year qualifying period. Absences of more than six months can disrupt continuous residence and affect eligibility.
• Physical presence: You must have been physically present in the U.S. for at least 30 months out of the last five years, or 18 months out of the last three years if you qualify under the marriage-based three-year rule.
• Good moral character: USCIS evaluates compliance with U.S. laws and ethical conduct over the qualifying residency period.
• State residency: You must have resided in the state or USCIS district where you’re applying for at least three months.
• English ability: You must demonstrate the ability to read, write, and speak basic English unless an applicable exception or accommodation applies.
• Civics knowledge: You must pass a civics test covering U.S. history and government unless an applicable exception applies.

Some applicants may qualify for English-language exemptions, civics accommodations, or military-related exceptions. Eligibility depends on the applicant’s circumstances and current USCIS rules.

What Happens If a Naturalization Application Is Denied?

A denial doesn’t necessarily mean the end of the road.

Common reasons for denial include:

• Insufficient English proficiency: Failing the English portion of the USCIS interview can result in denial, though applicants may be eligible to retest.
• Failure of the civics test: Applicants who don’t pass may be scheduled for a second attempt before a final decision is issued.
• Lack of continuous residence: Extended absences from the U.S. during the qualifying period can disrupt continuous residence and lead to denial.
• Criminal history or moral character findings: Criminal history or other conduct may affect USCIS’s good moral character determination and result in an unfavorable decision.
• Incomplete or inconsistent application answers: Missing information or conflicting N-400 disclosures can lead USCIS to request more evidence or question eligibility.
• Tax or prior immigration issues: Tax concerns or prior immigration violations can require careful review before a response or refiling.

After a denial, applicants generally have several options:

• Form N-336 hearing request: Applicants may request a hearing on the denial using Form N-336. USCIS generally requires the request to be filed within 30 calendar days of the denial decision date and with the required fee.
• Motion to reopen: If new evidence is available that wasn’t part of the original record, a motion to reopen may be filed with USCIS where available.
• Motion to reconsider: If the law was misapplied to your case, a motion to reconsider asks USCIS to review the legal basis of its decision where available.
• Refiling: In some cases, applicants can address the underlying issue and refile the application.

Having our naturalization attorneys present at the USCIS interview can help you respond to questions accurately and work through concerns before they become grounds for denial. If you’ve already received a denial, our team can review your case and identify potential next steps based on your circumstances.