When can you apply for U.S. citizenship? Naturalization requirements and the earliest filing date

The requirements, side by side

Form

N-400Application for Naturalization, filed online or on paper

Agency

USCISU.S. Citizenship and Immigration Services

Fee

$760 or $710$760 on paper, $710 online; $380 reduced fee; Form I-912 waiver

Earliest filing

90 days earlyBefore the 5-year or 3-year mark, if you meet the other rules

The general rule is in section 316 of the Immigration and Nationality Act (INA) and 8 C.F.R. § 316.2; the rule for spouses of U.S. citizens is in INA § 319(a) and 8 C.F.R. § 319.1. The table shows what each path asks for, and the calculator at the top of this page turns the dates into your own earliest filing date. 8 C.F.R. §§ 316.2, 319.1

Every path also asks for English and civics (with exemptions for some older, long-term residents), attachment to the principles of the Constitution, and a willingness to take the Oath of Allegiance. 8 C.F.R. § 316.2(a)(7) · N-400 instructions

Continuous residence: how your trips abroad count

Continuous residence does not mean you never left. It means the United States stayed your home, your principal actual dwelling place, for the whole 5 years (or 3 years). Two lengths of trip matter. 8 C.F.R. § 316.5(a), (c)

• More than 6 months but less than 1 year. A single trip of this length is presumed to break your continuous residence. You can overcome the presumption with evidence that during the trip you did not end your job in the United States, your immediate family stayed here, you kept full access to your home here, or you did not take a job abroad. The presumption applies even if you never claimed to be a nonresident for tax purposes and still hold a green card.INA § 316(b) · 8 C.F.R. § 316.5(c)(1)(i)
• 1 year or more. A continuous absence of 1 year or more breaks continuous residence (unless USCIS approved a Form N-470 in advance for certain work abroad). Under the 5-year rule you may file again 4 years and 1 day after you return to resume permanent residence; under the 3-year rule, 2 years and 1 day after you return.8 C.F.R. § 316.5(c)(1)(ii), (d)
• Shorter trips. Trips under 6 months do not break continuous residence by themselves, but every day abroad still counts against the physical presence requirement below, so add them all up.USCIS Policy Manual, Vol. 12, Part D, Ch. 3 and Ch. 4
• Taxes as a nonresident. A permanent resident who claims nonresident alien status to get a tax exemption, or who does not file federal or state returns because they consider themselves a nonresident, raises a rebuttable presumption of having given up permanent residence.8 C.F.R. § 316.5(c)(2)

Physical presence: 30 months or 18 months, and 3 months in your state

Physical presence is counted in days, not trips. You must have been inside the United States for at least 30 months (913 days) of the 5 years before you file, or at least 18 months (548 days) of the 3 years under the spouse rule. The day you leave and the day you return both count as days in the United States. 8 C.F.R. §§ 316.2(a)(4), 319.1(a)(4) · USCIS Policy Manual, Vol. 12, Part D, Ch. 4

You must also have lived for at least 3 months in the state or USCIS district where you file, immediately before filing. If you file early under the 90-day rule, the 3 months must be complete by the interview and fall inside the 5-year (or 3-year) period. If you move to a new state after a trip, the 3 months start again at the new address. Students may file where their school is, or in their home state if they depend on their parents financially. 8 C.F.R. §§ 316.2(a)(5), 316.5(b)(2), 316.5(b)(5) · USCIS Policy Manual, Vol. 12, Part D, Ch. 6

The 3-year rule for spouses of U.S. citizens

If you are married to a U.S. citizen, the waiting time drops from 5 years to 3 years, but every one of these must be true: INA § 319(a) · 8 C.F.R. § 319.1 · USCIS Policy Manual, Vol. 12, Part G, Ch. 3

• You have been a permanent resident with continuous residence for at least 3 years.
• You have been living in marital union with your citizen spouse for those 3 years, which means you actually live together, and you stay married until you take the oath. A legal separation breaks the marital union; living apart because of military orders or work does not.
• Your spouse has been a U.S. citizen for the whole 3 years, not only at the end.
• You were physically present for at least 18 months (548 days) of the 3 years, lived 3 months in your state or USCIS district, and show good moral character for the 3 years.

Divorce, your spouse's death or a legal separation before the oath ends eligibility under this rule, even if you later marry another citizen; you would then wait for the 5-year rule. Spouses of citizens who work abroad for the U.S. government or certain employers have a separate path under INA § 319(b). 8 C.F.R. §§ 319.1(b), 319.2

The 90-day early filing rule

You may file your N-400 up to 90 days before you complete the required 5 years (or 3 years) of continuous residence. USCIS counts 90 calendar days back from the anniversary of the Resident Since date on your green card. Example: a card that says Resident Since January 15, 2022 reaches 5 years on January 15, 2027, so the earliest day to file is October 17, 2026. USCIS: Form N-400 · N-400 instructions · USCIS Policy Manual, Vol. 12, Part D, Ch. 6

Early filing shortens only the residence clock. Every other requirement, including physical presence, 3 months in your state or district, the 3 years of marriage under the spouse rule and good moral character, must already be met on the day you file; otherwise USCIS rejects or denies the application. N-400 instructions

Good moral character, and what can disqualify you

USCIS looks at the 5 years (or 3 years) before filing and at everything that happens until the oath. It can also look further back if your conduct in that period does not show reform. A conviction for murder at any time, or for an aggravated felony on or after November 29, 1990, is a permanent bar. 8 C.F.R. § 316.10 · USCIS Policy Manual, Vol. 12, Part F, Ch. 2

• Crimes and conduct in the period. These bar good moral character for acts in the statutory period: a crime involving moral turpitude, a controlled substance violation, jail for a total of 180 days or more, false testimony under oath to get an immigration benefit, prostitution offenses, smuggling a person, polygamy, gambling offenses, being a habitual drunkard, two or more convictions for driving under the influence, failure to support dependents, adultery and other unlawful acts. Some allow extenuating circumstances.USCIS Policy Manual, Vol. 12, Part F, Ch. 5
• Claiming to be a U.S. citizen, or voting. You may not qualify if you previously claimed to be a U.S. citizen or unlawfully voted in a federal, state or local election. Voting in a local election does not disqualify you if you were eligible to vote under that election's law. The N-400 asks about both; answer truthfully.N-400 instructions, Part 9
• Unpaid taxes. If you failed to pay taxes as required, USCIS may find you lack good moral character. If you owe overdue federal, state or local taxes, bring IRS transcripts for the past 5 years (3 years under the spouse rule) and a signed payment agreement showing you have filed and arranged to pay.N-400 instructions, Part 9
• Child support. An applicant who willfully fails to support dependents, or who has not complied with court-ordered child support, cannot show good moral character unless there are extenuating circumstances. Bring proof of payments.N-400 instructions, Part 8 · USCIS Policy Manual, Vol. 12, Part F, Ch. 5
• Selective Service. Almost every man who lived in the United States between the ages of 18 and 26 had to register with the Selective Service System. If you knowingly and willfully did not register, USCIS denies the application while the duty still falls inside your good moral character period; between 26 and 31 USCIS lets you show the failure was not knowing and willful; over 31, you are eligible even if it was. If you did not register, get a status information letter from Selective Service.USCIS Policy Manual, Vol. 12, Part D, Ch. 7 · N-400 instructions, Part 9

English, civics, the Constitution and the oath

Unless an exemption applies, you must show you can read, write, speak and understand basic English and know basic U.S. history and government. The tests are given at the interview; what they contain, who is exempt and how to prepare are on The citizenship interview and test. N-400 instructions

You must also be attached to the principles of the Constitution, well disposed to the good order and happiness of the United States, and willing to take the Oath of Allegiance. You may affirm instead of swear, and omit the religious words, without giving a reason; a waiver of the oath exists for people who cannot understand it because of a disability. 8 C.F.R. § 316.2(a)(7) · N-400 instructions

Members of the military and veterans

Current and former members of the U.S. armed forces have two shorter paths. Under INA § 328, you qualify after honorable service totaling at least 1 year, and you must be a permanent resident at the interview and meet certain residence and physical presence rules. Under INA § 329, honorable service during a designated period of hostilities qualifies you without the continuous residence and physical presence requirements. There is no filing fee under either section. If you are serving, the military certifies Form N-426, Request for Certification of Military or Naval Service; if you have separated, you file a copy of your discharge papers, such as the DD Form 214, instead. USCIS: Naturalization through military service

The N-400 fee, the reduced fee and the fee waiver

The filing fee is $760 if you file on paper and $710 if you file online. These amounts come from the USCIS fee rule that took effect on April 1, 2024, and there is no separate biometric services fee for most applicants. USCIS: Form N-400 · USCIS: fee rule FAQ

• Reduced fee: $380. You can ask for it on the form itself (Part 10) if your household income is at or below 400% of the Federal Poverty Guidelines for your household size; USCIS describes it as half the full fee, for incomes between 150% and 400% of the guidelines. Send proof of income with a paper application. N-400 instructions · USCIS: fee rule FAQ
• Fee waiver: Form I-912. You can ask USCIS to charge nothing if you cannot pay, for example because you, your spouse or a parent or child living with you receives a means-tested benefit. Form N-400 is on the list of forms eligible for a waiver. USCIS: Form I-912
• Paper only. If you ask for the reduced fee or a fee waiver, you cannot file the N-400 online. USCIS: Form N-400

How to file the N-400, and what happens after

1. 1Check your dates. Count 5 years (or 3 years) from the Resident Since date, subtract 90 days for the earliest filing date, then check your trips, your 3 months in the state and the physical presence days. The calculator at the top of the page does the counting.
2. 2Gather the documents. A copy of both sides of your green card, your list of trips, your addresses and employers for the period, tax documents if you owe taxes, marriage and citizenship documents under the 3-year rule, and the fee, the reduced-fee proof or Form I-912. The checklist below ticks them off.
3. 3File online or by mail. Create a USCIS online account and file there, or mail the paper form to the address USCIS lists for your state. Reduced-fee and fee-waiver applications go by mail.
4. 4Go to the biometrics appointment, if you get one. USCIS may schedule fingerprints and a photo; arrive at the place and time on the notice.
5. 5Attend the interview. An officer puts you under oath, goes through your N-400 and gives the English and civics tests. Prepare with The citizenship interview and test.
6. 6Receive the decision and the oath notice. USCIS mails a decision. If approved, you get a notice for the ceremony. You are not a U.S. citizen until you take the Oath of Allegiance there.

How long it takes. USCIS does not promise a date. It publishes processing times by form and field office on its website and lets you check your case status online; use those pages rather than any number you read elsewhere, because the times change. USCIS: 10 steps to naturalization

What the officer may ask, and what you can say

The interview is under oath, and the officer's questions about residence and trips come straight from this page. Short, true answers backed by a document work best.

Getting help

Most people file the N-400 without a lawyer. Get advice first if you had a trip of 6 months or more, an arrest or conviction, unpaid taxes or child support, a false claim to citizenship or an unlawful vote, a missed Selective Service registration, or any doubt about how you got your green card.

Common questions

Official sources

1. USCIS: Form N-400, Application for Naturalization (5 years or 3 years; filing 90 calendar days early; fees of $760 on paper and $710 online, $380 reduced fee, Form I-912 fee waiver) uscis.gov
2. USCIS: Instructions for Form N-400 (edition 01/20/25): eligibility requirements, early filing, good moral character, taxes, child support, false claims and voting, Selective Service, Part 10 fee reduction (PDF) uscis.gov
3. USCIS: Frequently asked questions on the USCIS fee rule (fees in effect since April 1, 2024; $710 online, $760 paper; $380 for incomes between 150% and 400% of the Federal Poverty Guidelines) uscis.gov
4. USCIS: Form I-912, Request for Fee Waiver (Form N-400 is eligible) uscis.gov
5. 8 C.F.R. § 316.2: eligibility for naturalization, § 316.2(a)(1) to (a)(7) (at least 18; five years; 30 months; three months in the state or district), January 1, 2025 edition (PDF) govinfo.gov
6. 8 C.F.R. § 316.5: residence in the United States, § 316.5(b), (c)(1)(i), (c)(1)(ii), (c)(2), (d) (absences of six months to one year; one year or more; four years and one day; two years and one day), and § 316.10 (good moral character), January 1, 2025 edition (PDF) govinfo.gov
7. 8 C.F.R. § 319.1: persons living in marital union with a U.S. citizen spouse, § 319.1(a) and (b) (three years; 18 months; 3 months), and § 319.2, January 1, 2025 edition (PDF) govinfo.gov
8. 8 U.S.C. § 1427, INA § 316: requirements of naturalization, § 316(a) residence and physical presence, § 316(b) absences govinfo.gov
9. 8 U.S.C. § 1430, INA § 319: married persons, § 319(a) the three-year rule govinfo.gov
10. USCIS Policy Manual, Vol. 12, Part D, Ch. 2: lawful permanent resident admission for naturalization uscis.gov
11. USCIS Policy Manual, Vol. 12, Part D, Ch. 3: continuous residence (absences of more than 6 months, 1 year or more; 4 years and 1 day; 2 years and 1 day) uscis.gov
12. USCIS Policy Manual, Vol. 12, Part D, Ch. 4: physical presence (30 months, 913 days; counting the days of departure and return) uscis.gov
13. USCIS Policy Manual, Vol. 12, Part D, Ch. 6: jurisdiction, place of residence and early filing (three months; up to 90 days early; INA § 334(a), 8 C.F.R. § 334.2(b)) uscis.gov
14. USCIS Policy Manual, Vol. 12, Part D, Ch. 7: attachment to the Constitution, including Selective Service registration uscis.gov
15. USCIS Policy Manual, Vol. 12, Part F, Ch. 2: good moral character, adjudicative factors (the 5-year and 3-year periods; taxes) uscis.gov
16. USCIS Policy Manual, Vol. 12, Part F, Ch. 5: conditional bars for acts in the statutory period uscis.gov
17. USCIS Policy Manual, Vol. 12, Part G, Ch. 3: spouses of U.S. citizens residing in the United States (age 18; 3 years; 18 months, 548 days; 3 months; 90 days early) uscis.gov
18. USCIS: Naturalization through military service (INA § 328, at least 1 year of service; INA § 329, hostilities; no fee; Form N-426) uscis.gov
19. USCIS: 10 steps to naturalization (eligibility tool, biometrics, interview, decision, oath, processing times) uscis.gov
20. USCIS: Naturalization Eligibility Tool uscis.gov
21. USAGov: Become a U.S. citizen through naturalization (at least 18; green card holder of five years; married to a U.S. citizen and permanent resident for three years) usa.gov

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