When a permanent resident seeks to become a naturalized U.S. citizen, he must file a Form N-400, Application for Naturalization, with USCIS. Among the general eligibility requirements are Continuous Residence and Physical Presence in the United States. But these standards are more flexible for a naturalization applicant with:
- A U.S. citizen spouse working for a qualified employer outside the United States;
- Military service during period of hostilities; or
- At least one year of honorable military service at any time, including when the nation is not at war.
Applicants in any of these 3 categories qualify for “expeditious” naturalization. This means they may file their Form N-400 applications earlier than usual – because they are exempt from normal residency requirements. Continuous residence involves maintaining a permanent dwelling place or principal residence in the United States over the period of time required by the statute. Physical presence concerns the total number of days you are physically in the U.S. during the period required for naturalization.
The wait time between the naturalization interview and the oath ceremony might also be shorter than it is for normal applications.
Expeditious naturalization does NOT mean applicants are spared from meeting other eligibility requirements, such as good moral character, English language ability, and knowledge of U.S. civics. Background checks, naturalization interviews, and oath ceremonies are also still required.
Normal Paths to Naturalization
General Provision (5 Years of Continuous Residence | 30 Months of Physical Presence).
Generally, applicants must have at least five years of continuous residence and at least 30 months of physical presence in the U.S. during the 5-year period to apply for naturalization.
Spouse of a U.S. Citizen (3 Years of Continuous Residence | 18 Months of Physical Presence).
Applicants who are married to a U.S. citizen may file for naturalization after just three years, instead of five years, of continuous residence. They must also have been physically present in the U.S. for at least 18 months during the 3-year period.
To qualify for this provision, you must have lived in marital union with your U.S. citizen spouse for the entire three-year period prior to filing for naturalization. This means you are physically living together as a married couple. Legal separations or keeping separate residences can disqualify you, even if there is no divorce.
The spouse must also have been a U.S. citizen for the full three years. If they recently switched from being a permanent resident to a U.S. citizen, the 3-year period begins from when they naturalized, not from when you became a green card holder.
VAWA applicants may also use the three-year provision even if the marriage to the U.S. citizen has ended. They include spouses, former spouses, and children of a U.S. citizen who obtained permanent residence under the Violence Against Women Act (VAWA).
Expeditious Paths to Naturalization
Spouse of a U.S. Citizen Stationed Abroad Due to Qualifying Employment.
If your U.S. citizen spouse is working abroad for a qualified employer, you may apply for naturalization with no continuous residence or physical presence in the United States. In short, you are exempt from the 5 or 3-year residence requirement. But you must be physically present for the naturalization interview and oath ceremony.
Qualified employers include:
- The U.S. government.
- An American research institution recognized by the Attorney General. See List of Recognized American Institutions of Research and Other Recognized Organizations | USCIS.
- A public international organization in which the U.S. participates by treaty or statute.
- An American firm or corporation that is developing U.S. foreign trade and commerce, in whole or in part.
- A religious denomination or an interdenominational mission organization and your U.S. citizen spouse is performing the ministerial or priestly functions of the religious denomination or is serving as a missionary, brother, nun, or sister for the religious denomination or interdenominational mission.
The spouse must be obligated to work outside the U.S. for the qualified employer for at least one year from the date of the Form N-400 filing. The applicant must include a written statement declaring his intent to live outside the U.S. with the spouse and to live in the U.S. immediately after the spouse’s qualified employment ends. There must also be proof of the employer’s name and nature of business and the nature of the spouse’s work.
If the overseas position relates to the U.S. military, the applicant must provide a DD Form 1278 (Certificate of Overseas Assignment) or a combination of the spouse’s travel orders and a letter from their commanding officer (issued within 90 days of U.S. departure).
Military Service During Period of Hostilities.
During certain periods of military hostilities, an applicant in the U.S. armed forces may apply for naturalization immediately. Because there is no continuous residence or physical presence requirement, the filing could be as early as day one of enlistment. You must, however, be in the United States, a qualifying territory, or on a qualifying military installation at the time of enlistment. Besides active-duty officers, members of the Selected Reserve of the Ready Reserve also qualify for this expeditious path.
Executive Order 13269 – Expedited Naturalization of Aliens and Noncitizen Nationals Serving in an Active-Duty Status During the War on Terrorism, signed on July 3, 2002, by President George W. Bush, has no end date. It remains in effect until a future president issues a new order terminating it.
The first five years of service serves as probationary period for naturalization. If you leave the military without honorable conditions before completing five years of service, your citizenship may be revoked. The U.S. government may also initiate denaturalization proceedings against you.
At Least One Year of Honorable Military Service at Any Time.
At any time, including periods of peace, applicants who have at least one year of honorable service in the U.S. armed forces may apply for naturalization without meeting the continuous residence or physical presence requirement. The Form N-400 application must be submitted to USCIS while you are still serving in the military or within six months of an honorable discharge.
The one year of service does not need to be continuous. Separate periods that make up at least a year will count, but you will need to show good moral character during the gaps between service periods.
Expeditious Naturalization Does Not Waive Other Eligibility Requirements or Speed up the Processing of the Form N-400
Good Moral Character
Naturalization applicants must prove they have been and continue to be persons of good moral character (GMC). USCIS conducts a holistic evaluation of the applicant’s conduct, adherence to social norms, and positive contributions that establish good moral character.
There are conditional bars to demonstrating GMC, such as Crimes Involving Moral Turpitude during the statutory period. There also permanent and unconditional bars to establishing GMC that rule out naturalization. They include a conviction for murder at any time, a conviction for an aggravated felony on or after November 29, 1990, and participation in Nazi persecutions, torture and genocide.
English and Civics Tests
Even if you are eligible for an expedited path to naturalization, you must still pass the English language and civics tests – unless you qualify for an exemption. The English test covers basic reading, writing, and speaking. The civics test covers U.S. history and government.
The following Age and Residency-Based Exemptions apply to naturalization applicants:
50/20 rule: If are over age 50 and have been a permanent resident for at least 20 years, you are not required to take the English test and may take the civics test in your native language.
55/15 rule: If you are over age 55 and have been a permanent resident for at least 15 years, you are not required to take the English test and may take the civics test in your native language.
65/20 rule: If you are over age 65 and have been a permanent resident for at least 20 years, you are not required to take the English test and will receive accommodation on a simplified civics test in your native language.
There is a separate exemption for applicants with a physical, developmental, or mental impairment that prevents them from meeting the English or civics requirements. Medical documentation on a Form N-648, Medical Certification for Disability Exceptions, must be submitted with the naturalization application.
Lawful Admission as a Permanent Resident
USCIS will verify whether the naturalization applicant properly obtained permanent resident status. Questions regarding fraud or willful misrepresentation of material facts to obtain U.S. immigration benefits or abandonment of LPR status may arise during this process.
A person who was granted conditional residence (conditional two-year green card) must file the Form I-751, Petition to Remove Conditions of Residence, to maintain LPR status after the green card expires. Without LPR status, the person is not eligible for naturalization. If the I-751 petition is still pending at the time of the naturalization interview, USCIS will first make a decision on it before adjudicating the N-400 application.
For more information, see related articles:
5 Questions to Ask Yourself Before You File for Naturalization (U.S. Citizenship)
Staying Abroad Too Long May Affect Eligibility for Naturalization
Fraud, Lies, and USCIS: Pitfalls in Naturalization
Form I-751: Removing Conditions on Permanent Residence When Marriage is on the Rocks
Before you apply for naturalization, consult a U.S. immigration attorney to verify your eligibility and to discuss violations that may put you at risk of being placed in removal proceedings and losing your green card status.
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This content is general information and is for educational purposes only. It is based on current U.S. immigration laws, regulations and policies that are subject to change. Do not consider it as legal advice for any individual case or situation. Each case is different and even cases that seem similar can have different outcomes. The sharing or receipt of this information does not create an attorney-client relationship.
