Naturalization with Form N-400: are you eligible yet?

The five-year and three-year rules

The general rule requires five years of permanent residence before you apply. The three-year rule applies if, during those three years, you have been married to and living in marital union with a US citizen spouse, and that spouse has been a citizen for the whole period. If you separate or divorce before naturalizing, the three-year rule may no longer be available to you.

You must also be at least 18 years old and have lived for at least three months in the state or USCIS district where you file. Special rules exist for members and veterans of the US armed forces.

Continuous residence versus physical presence

These two requirements sound similar but are measured differently. Physical presence counts the days you were actually in the United States. You need at least half of the required period, which works out to 30 months for the five-year rule and 18 months for the three-year rule.

Continuous residence asks whether you kept the United States as your home without a break. A single absence of more than six months but less than one year creates a presumption that continuity was broken, which you can try to rebut with evidence such as keeping your job, home and tax filings here. An absence of one year or more generally breaks continuous residence. Certain people working abroad for the US government or qualifying employers can preserve residence by filing Form N-470 in advance.

• Keep a list of every trip outside the United States with exact dates.
• Compare the list with your passport stamps and travel records.
• Collect evidence of ties if any trip lasted more than six months.

The 90-day early filing rule

You may file up to 90 days before you complete the continuous residence period. USCIS provides an early filing calculator on its website to help you find the earliest date. Filing even one day too early can lead to denial, and the filing fee is generally not refunded.

The early filing allowance applies to the residence period. Other requirements, such as living in your state or district for three months, must still be met when you file. If you are close to the line, confirm the dates with an attorney.

Good moral character and honesty on the form

USCIS reviews your conduct during the statutory period and can consider earlier conduct as well. Arrests, citations, unpaid taxes, missed child support and failure to register with Selective Service when required can all raise questions. Answer every question truthfully and disclose arrests even if charges were dropped or records were expunged. False testimony can by itself be a reason for denial.

If you have any criminal history, consult an independent immigration attorney before filing. In some cases an N-400 can lead to removal proceedings rather than citizenship.