Naturalization (N-400): Citizenship Requirements and Process

Becoming a United States citizen through naturalization is one of the most significant steps in an immigrant's journey. Naturalization confers the right to vote, hold certain public offices, sponsor family members for immigration benefits, and obtain a U.S. passport. Under the Immigration and Nationality Act (INA) Section 316, lawful permanent residents (LPRs) may apply for naturalization after meeting specific eligibility requirements. At J. Lee & Associates Law Group in Norcross, Georgia, we help permanent residents in the greater Atlanta area prepare for and successfully complete the naturalization process.

Eligibility Requirements for Naturalization

The general requirements for naturalization under INA Section 316(a) include:

1. Age

The applicant must be at least 18 years of age at the time of filing Form N-400. There is no upper age limit for naturalization, though applicants aged 55 and older with 15 or more years as permanent residents, or aged 50 and older with 20 or more years, may qualify for accommodations on the English language requirement.

2. Lawful Permanent Resident Status

The applicant must be a lawful permanent resident (green card holder) of the United States. LPR status must have been obtained lawfully and must be currently valid. If the green card has expired, the applicant should renew it (Form I-90) before or concurrently with the N-400 filing, though an expired green card does not necessarily bar the naturalization application.

3. Continuous Residence

Under the general rule, the applicant must have been a permanent resident for at least 5 years before filing. For spouses of U.S. citizens who obtained their green card through the marriage, the requirement is reduced to 3 years under INA Section 319(a), provided the applicant has been married to and living with the U.S. citizen spouse during that entire period and the spouse has been a citizen for the entire 3 years.

During the required residency period, the applicant must not have been absent from the United States for any single trip of 6 months or more, as this creates a presumption that continuous residence was broken. Absences of one year or more definitively break continuous residence unless the applicant obtained a reentry permit (Form I-131) before departure or qualifies for an exception under INA Section 316(b) or 316(c).

4. Physical Presence

The applicant must have been physically present in the United States for at least 30 months out of the 5 years (or 18 months out of 3 years for spouses of citizens) immediately preceding the filing. Every day spent outside the United States counts against the physical presence requirement.

5. State Residency

The applicant must have lived in the state or USCIS district where they are filing for at least 3 months immediately before filing. For Georgia applicants, this means living in Georgia for at least 3 months before submitting the N-400.

6. Good Moral Character

The applicant must demonstrate good moral character for the statutory period (5 years or 3 years, depending on the basis for filing). USCIS evaluates good moral character under INA Section 101(f), which lists specific bars including conviction of an aggravated felony (permanent bar), murder (permanent bar), conviction of a controlled substance offense (except a single offense involving 30 grams or less of marijuana), imprisonment for 180 days or more, false testimony under oath to obtain immigration benefits, and habitual drunkenness.

USCIS also has discretion to consider other factors that may reflect negatively on moral character, such as failure to pay taxes, failure to pay child support, and extramarital affairs that resulted in the destruction of a marriage (though this factor has been largely deemphasized in recent years).

7. English Language Proficiency

The applicant must demonstrate an understanding of the English language, including the ability to read, write, and speak words in ordinary usage. This is tested during the naturalization interview. Exemptions and accommodations are available for applicants who are: (1) age 50 or older and have been LPRs for at least 20 years ("50/20" exemption, may take the civics test in their native language); (2) age 55 or older and have been LPRs for at least 15 years ("55/15" exemption, may take the civics test in their native language); or (3) have a physical or developmental disability or mental impairment that prevents them from learning English (Form N-648 medical certification required).

8. Knowledge of U.S. Civics

The applicant must pass a civics test demonstrating knowledge of U.S. history and government. The test is administered orally during the naturalization interview. USCIS provides a list of 100 possible civics questions, and the applicant must correctly answer 6 out of 10 questions selected from this list. The "65/20" accommodation allows applicants aged 65 or older with 20 or more years of permanent residence to study from a shorter list of 20 questions.

9. Attachment to the Constitution

The applicant must demonstrate an attachment to the principles of the U.S. Constitution and be willing to take the Oath of Allegiance. The oath requires the applicant to renounce allegiance to foreign sovereigns, support and defend the Constitution, and bear arms or perform noncombatant service if required by law (with accommodations for conscientious objectors).

The N-400 Application Process

Filing

Form N-400, Application for Naturalization, is filed with USCIS either online through myUSCIS or by mail. The filing fee is $760 (increased from $640 under the 2024 fee rule). A reduced fee of $380 is available for applicants with household incomes between 150% and 200% of the Federal Poverty Guidelines. A full fee waiver is available for applicants with incomes below 150% of the poverty guidelines or who receive means-tested public benefits.

Biometrics

After filing, the applicant receives a biometrics appointment notice for fingerprinting and photograph collection at a USCIS Application Support Center (ASC). This typically occurs 2 to 6 weeks after filing.

The Naturalization Interview

The interview is conducted by a USCIS officer and includes the English language test (reading, writing, and speaking), the civics test, and a review of the N-400 application. The officer will ask the applicant about their background, residence, travel, employment, tax history, criminal history, and other matters. Applicants must bring their green card, state-issued ID, passport, travel records, and any other documents requested in the interview notice.

Decision

After the interview, the officer will either grant, deny, or continue the application. A continuance means additional evidence or testing is needed. If granted, the applicant is scheduled for the Oath of Allegiance ceremony.

Oath of Allegiance Ceremony

The oath ceremony is the final step in becoming a U.S. citizen. At the ceremony, the applicant takes the Oath of Allegiance, surrenders their green card, and receives the Certificate of Naturalization (Form N-550). Same-day oath ceremonies are available at some USCIS offices. Once the oath is taken, the individual is a U.S. citizen with all attendant rights and responsibilities.

Processing Times (2026)

As of 2026, naturalization processing times vary by USCIS field office. The Atlanta Field Office typically processes N-400 applications in 8 to 14 months from filing to oath ceremony. Online filing generally results in faster scheduling. Applicants can check processing times for their specific office on the USCIS website.

Special Considerations in the Current Environment (2025-2026)

The increased enforcement environment following the Laken Riley Act and other 2025 legislative changes makes naturalization particularly important for eligible permanent residents. U.S. citizens cannot be deported and have full constitutional protections. Permanent residents with any criminal history, even minor offenses, should seriously consider naturalizing as soon as eligible to secure their status permanently. Our attorneys can assess whether any criminal history might affect the naturalization application and advise on the best course of action.

How J. Lee & Associates Can Help

At J. Lee & Associates Law Group, 1250 Tech Dr, Suite 240, Norcross, GA 30093, our immigration team has helped hundreds of permanent residents successfully complete the naturalization process. We provide comprehensive services including eligibility evaluation, N-400 preparation and filing, interview preparation (including mock interviews and civics test study assistance), representation at the USCIS interview, and assistance with any complications that arise during the process.

If you are a permanent resident and believe you may be eligible for naturalization, contact our office to schedule a consultation. Becoming a U.S. citizen is a momentous achievement, and we are here to help you every step of the way.

This article is for informational purposes only and does not constitute legal advice. Naturalization requirements and procedures may change; consult with a qualified immigration attorney for advice specific to your situation. Information current as of May 2026.