Lawful permanent residents (LPRs) are non-citizens who are lawfully authorised to live and work in the US. They can apply to become US citizens through a process called naturalisation. To be eligible, LPRs must have continuously resided in the US for at least five years and be able to demonstrate good moral character. They must also be able to read, write and speak basic English, and have knowledge of US civics. The process can be expedited for permanent residents who are married to US citizens.
Characteristics | Values |
---|---|
Time as a lawful permanent resident | 5 years in most cases, 3 years if married to a U.S. citizen |
Age | At least 18 |
Physical presence in the U.S. | At least 30 months out of the 5 years immediately before filing Form N-400 |
Residence in the state or USCIS district | At least 3 months |
Moral character | Good moral character for at least 5 years immediately before filing Form N-400 |
Attachment to the U.S. Constitution | Must demonstrate attachment to the principles and ideals of the U.S. Constitution |
English language skills | Able to read, write and speak basic English |
U.S. history and government knowledge | Must have knowledge and understanding of U.S. history and government |
Oath | Must take an Oath of Allegiance to the United States |
What You'll Learn
- Permanent residents must meet certain eligibility requirements to apply for naturalisation
- Naturalisation is the way a non-citizen becomes a US citizen
- Permanent residents must wait five years before applying for citizenship, or three if married to a US citizen
- Permanent residents must demonstrate continuous residence in the US for at least five years
- Permanent residents must be of good moral character
Permanent residents must meet certain eligibility requirements to apply for naturalisation
To become a US citizen, a lawful permanent resident must meet certain eligibility requirements to apply for naturalisation.
First, a lawful permanent resident must have held this status for at least five years. If they are married to a US citizen, they need to have been a lawful permanent resident for at least three years.
Second, they must meet the following general eligibility requirements:
- Be at least 18 years old when they submit Form N-400, Application for Naturalization.
- Show that they have been a lawfully admitted permanent resident of the United States for at least five years.
- Demonstrate continuous residence in the United States for at least five years immediately before the date they file Form N-400.
- Show that they have been physically present in the United States for at least 30 months out of the five years immediately before the date they file Form N-400.
- Show that they have lived for at least three months in a state or USCIS district having jurisdiction over their place of residence. If they are a student and are financially dependent on their parents, they may apply for naturalisation where they go to school or where their family lives.
- Show that they are a person of good moral character and have been so for at least five years immediately before the date they file Form N-400.
- Demonstrate an attachment to the principles and ideals of the US Constitution.
- Be able to read, write and speak basic English.
- Have knowledge and understanding of US history, and the principles and form of government of the United States (civics).
- Take an Oath of Allegiance to the United States.
Certain applicants, because of their age and time as a lawful permanent resident, do not have to take the English test for naturalisation and may take the civics test in the language of their choice.
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Naturalisation is the way a non-citizen becomes a US citizen
Naturalisation is the process by which a non-citizen can become a US citizen. To be eligible for naturalisation, you must first be a lawful permanent resident (LPR) or green card holder. This status allows you to live and work in the US indefinitely and is a pathway to citizenship.
To gain LPR status, a person must fall into one of several broad classes of admission. The largest of these classes is for immigrants seeking family reunification. Other categories include economic and humanitarian immigrants, as well as immigrants from countries with low levels of immigration to the US.
Once an individual has held LPR status for at least five years, or three years if they are married to a US citizen, they can apply for naturalisation. Additional requirements for naturalisation include:
- Being at least 18 years old
- Demonstrating good moral character
- Showing an attachment to the principles and ideals of the US Constitution
- Passing an English test
- Demonstrating knowledge of US history and government
- Taking an Oath of Allegiance to the United States
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Permanent residents must wait five years before applying for citizenship, or three if married to a US citizen
The '90-Days Early Application Rule' means that you can submit your naturalization application within 90 days of your five-year anniversary. This is because the application process takes a long time, and USCIS will likely take at least 90 days to call you in for your interview.
If you are married to a US citizen, you only need to wait three years to apply for citizenship. You must have been living with your US citizen spouse for at least three years before filing your application, and your spouse must have been a US citizen for the entire three-year period. You must remain married throughout the process, including through the final Oath of Allegiance Ceremony. If you divorce or your spouse dies, you will have to apply as a five-year permanent resident.
There are some exceptions to the five-year rule, including for refugees and asylees, and for spouses of US citizens who work overseas.
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Permanent residents must demonstrate continuous residence in the US for at least five years
If a permanent resident spends an extended period outside of the US, this may lead to a determination that they have abandoned their LPR status. The longer a permanent resident spends outside the US, the more difficult it will be for them to demonstrate an intent to return to the US to live permanently. A single visit to the US every year is not sufficient to preserve LPR status.
There are, however, certain exceptions. For example, a refugee is generally considered an LPR as of the date of their entry into the US. An asylee is generally considered an LPR one year before the date USCIS approves the adjustment application.
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Permanent residents must be of good moral character
To prove good moral character, permanent residents must show that they have respected the welfare of others and upheld the law. This includes demonstrating respect for people of all backgrounds and beliefs, as well as obeying the laws of the US, states, and localities.
Permanent residents should also be aware that certain actions can result in a presumption of bad moral character. For example, permanent residents who commit certain crimes or violations may be placed in removal proceedings and become subject to deportation. Additionally, remaining outside the US for extended periods (typically more than six months) can lead to scrutiny from immigration authorities, who may question whether the resident intends to make the US their permanent home. Absences of one year or more create a presumption of abandoned permanent residence, which is challenging to overcome.
To maintain good moral character, permanent residents should uphold their civic duties, such as paying taxes and registering for the Selective Service if they are male between the ages of 18 and 25. They should also strive to be a positive influence in their community and act with integrity and honesty in their daily lives.
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