Becoming an American Citizen Step by Step, From Green Card to Oath

Why don't they just get in line and do it the right way? Sooner or later you will hear that at a barbecue, and the person asking is almost always sincere and almost never able to describe what the right way looks like once the line ends at the door of the country. Meanwhile there may be a neighbor two houses down who walked the whole road, studied for a civics test at the kitchen table, stood in a federal building and raised a right hand. If you want to talk about the right way, start with the most conservative process in the whole immigration code, the one that turns a permanent resident into a fellow citizen. It asks for years of residence, a command of English, knowledge of how the government works, a clean record and a public oath. Not one of those is a trick. Every one is something a conservative should be proud to see asked.

This post is a walkthrough, not a sermon. The steps come in order. At the end, you should be able to explain the process to a neighbor who is going through it, and to know where to point him for help. Rules and fees change, so check the official site of U.S. Citizenship and Immigration Services (USCIS), which ends in .gov, for the current form editions and fees before you act on anything here.

Where the authority comes from

The Constitution gives Congress the power "to establish an uniform Rule of Naturalization" in Article I, Section 8. Congress used that power to write the Immigration and Nationality Act, and the main eligibility rules are in sections 316 through 319. The Fourteenth Amendment, ratified in 1868, says that "all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside." That sentence sets the standard: a naturalized citizen is a citizen, with the same rights as anyone born here, with one famous exception, the presidency, which Article II reserves to a natural-born citizen.

Step 1: Hold a green card long enough

You must be at least 18 and a lawful permanent resident, someone with a green card. The general rule is five years as a permanent resident. If you are married to a U.S. citizen, have been living with that spouse in a marital union, and the spouse has been a citizen for the whole period, the rule is three years. Those two numbers, five and three, are the heart of the timing rule, found in INA sections 316 and 319.

What to expect: the clock runs from the date on the green card, not from the day you arrived. You may file the application up to 90 days before you reach the required period, a provision that surprises many people. Count carefully before you file.

Step 2: Satisfy continuous residence and physical presence

The law requires that you have lived here continuously during that period, not just owned a green card. Two rules apply.

• Continuous residence. A trip abroad of more than six months but less than a year creates a presumption that you broke your residence, one that you can try to rebut with evidence. A trip of a year or longer generally breaks it.
• Physical presence. You must have been physically in the United States for at least half of the required period. For a five-year applicant that is 30 months, since 5 years × 12 months ÷ 2 = 30. For a three-year applicant it is 18 months, since 3 × 12 ÷ 2 = 18.

You must also have lived for at least three months in the state or USCIS district where you file. Keep your passport stamps, tax returns and travel records. You will be asked about every long trip.

Step 3: Be a person of good moral character

The law requires good moral character during the statutory period. That does not mean a perfect life. It means that you have not done certain things that the statute treats as disqualifying, and the list includes serious crimes, lying to obtain an immigration benefit and other conduct. Some offenses, including aggravated felonies committed after a specific date set in the statute, are permanent bars. Other issues, such as unpaid taxes, unpaid child support or false claims to citizenship, can be bars or serious problems.

What to expect: you will be fingerprinted, and your record will be checked. Honesty at the interview matters more than the underlying problem in many cases, because a person who lies under oath about a minor matter can turn a fixable issue into a denial. If you have any arrest, citation or tax issue in your past, talk to a licensed immigration attorney or an accredited representative before you file, not after.

A related requirement: you must show attachment to the principles of the Constitution. In practice, this is addressed through questions on the form about membership in certain organizations and about your willingness to take the oath.

Step 4: Prepare for the English and civics tests

Unless you qualify for an exception, you must show that you can read, write and speak basic English and pass a civics test on American history and government.

• English. At the interview, the officer will assess your speaking as the interview goes, and will ask you to read aloud and to write sentences dictated to you, drawn from published vocabulary lists.
• Civics. The officer asks questions drawn from an official list that USCIS publishes. You must answer enough of them correctly. The number of questions on the list, the number asked and the passing score have changed between versions of the test, so use the current study materials on the USCIS website, not a list someone found online.
• Exceptions. Older applicants who have been permanent residents for a long period may be excused from the English requirement and may take a simplified civics test, and a medical disability can support a waiver. The age and years-of-residence thresholds are in the statute and on the USCIS site.

What to expect: the questions are not designed to trip anyone. They ask things like what the Constitution is, what the colors of the flag stand for, and who the President is. If you want to help a neighbor, quiz him at the kitchen table for a few weeks. It is the nicest thing you can do, and you will learn something yourself. For the history behind the citizenship clause itself, see What the 39th Congress Meant by Subject to the Jurisdiction Thereof.

Step 5: File Form N-400

The application is Form N-400, Application for Naturalization. File it with USCIS, online or by mail, with the filing fee, which you should check on the current fee schedule, plus copies of your green card and any supporting documents. A fee waiver or reduction exists for people who qualify by income.

The form asks for your residence history, your employment history, your trips abroad, your family, your tax filing and your criminal history, and a long list of yes-or-no questions about conduct. Answer them all and answer them accurately. A form completed in a hurry is a major reason for delay.

Two more requirements, easy to forget:

• Taxes. You must have filed your federal tax returns as required.
• Selective Service. A man who lived in the United States between the ages of 18 and 26 generally must have registered with Selective Service.

A warning in plain terms: only licensed attorneys and accredited representatives may give legal advice about immigration. Some storefront "notary" offices claim to help and instead take money and make mistakes. Use the official USCIS site and the lists of recognized organizations it publishes.

Step 6: Attend the biometrics appointment

After you file, USCIS sends a notice for a biometrics appointment where your fingerprints and photograph are taken. In some cases, if your prints are already on file, USCIS can reuse them. This is how the background checks run. The appointment takes a short time, and missing it can delay or sink your case.

Step 7: The interview

A USCIS officer interviews you, usually at a local field office. You take an oath to tell the truth. The officer goes over your N-400 and asks about it, checks that your answers match your documents, and conducts the English and civics tests. Bring your green card, your passport, any travel documents and anything the notice tells you to bring.

What to expect: the officer will decide one of three things. He may grant the application. He may continue it, meaning that he needs more evidence or that you must retake a part of the test, usually after a set period. Or he may deny it. If denied, you may request a hearing before a different officer by filing a form within a deadline, 30 days from the decision, and the notice will explain the process. Read the denial letter carefully, because it states the reason.

Step 8: The oath

If your application is approved, you are not a citizen yet. The final step is the oath of allegiance, administered at a ceremony. Some are held in federal courthouses, some at USCIS offices, and some in unforgettable settings like national parks and historic sites. Many take place on the same day as the interview, and others a few weeks later. At the ceremony you turn in your green card, and you receive your Certificate of Naturalization.

The text of the oath is set in federal regulation. In summary, the new citizen declares on oath that he absolutely and entirely renounces and abjures all allegiance and fidelity to any foreign prince, potentate, state or sovereignty; that he will support and defend the Constitution and laws of the United States against all enemies, foreign and domestic; that he will bear true faith and allegiance to the same; that he will bear arms on behalf of the United States, or perform noncombatant service in the armed forces, or perform work of national importance under civilian direction, when required by law; and that he takes this obligation freely, without any mental reservation or purpose of evasion. Read the exact words on the USCIS site; they are worth knowing.

Two clarifications. First, the United States does not require a new citizen to give up another nationality, though some other countries do. Check the rules of the country of origin. Second, the oath is not a ceremony for its own sake. It is the moment the person becomes one of us, with the same claim on the Constitution's protection and the same duty to defend it.

Step 9: After the oath

You are now a citizen, and a few practical steps follow.

1. Get proof. Keep the Certificate of Naturalization in a safe place. Apply for a U.S. passport, which is the usual everyday proof of citizenship.
2. Register to vote and take part in the elections. Only citizens may vote in federal elections, and a noncitizen who votes in one commits a federal crime, which is why the oath comes first.
3. Be ready for jury duty. It is an obligation, and it is one of the places where citizenship becomes real.
4. Think about your family. A child under 18 who is a permanent resident and lives in the legal and physical custody of a parent who naturalizes generally becomes a citizen automatically under the Child Citizenship Act of 2000. You can also now petition for certain relatives as a citizen, a topic that connects to The Four Doors Into America and Who Holds the Keys to Each.
5. Update your records, including with the Social Security Administration.

Why this process deserves conservative respect

Look at what the process asks and you see principles conservatives talk about all the time. Residence over time: you have to have put in the years. Self-reliance and law-abidingness: the character requirement. A common language: the English test. Knowledge of how the system works: the civics test. A voluntary, public commitment: the oath. Few other parts of the government ask so much of the people who use them and give so much in return.

That is the reason a conservative can say, without contradiction, that the naturalization system is something to be proud of and that the border should be enforced. The two positions come from the same instinct: a country is a community with rules, with a front door, and with a path inside for those who follow them. The idea gets its fullest statement in The Case for Being Pro-Immigrant and Pro-Border at the Same Time. And when someone at the barbecue asks about "the right way," you can explain it. If the conversation gets heated, How to Talk About Immigration at the Table Without Losing the Room has the ground rules, and The Immigration Words You Should Use Correctly Before You Argue covers the vocabulary.

The bottom line

• Naturalization requires five years as a permanent resident (three if married to and living with a citizen spouse), continuous residence, physical presence for half the period (30 or 18 months), good moral character, English, civics and an oath.
• The steps run in order: eligibility, Form N-400, biometrics, interview and tests, decision, oath ceremony, then proof of citizenship.
• Use only the official USCIS site and licensed attorneys or accredited representatives. Never pay a storefront office that promises a shortcut.
• If you know someone going through it, offer to quiz him on civics and to go to the ceremony. It is a small act with a long memory.
• The process shows that being pro-border and pro-immigrant can be one position: lawful entry, years of effort, loyalty at the end.