How Long Does It Take To Become A US Citizen?

If you are looking to become a United States citizen, you may be asking yourself:  How long do I have to wait before I can become a U.S. citizen?  Unfortunately, the answer to that question – as with most legal questions – is that “it depends.”  Indeed, it is difficult to pin down an exact time within which you can expect to become a U.S. citizen because there are multiple factors at play that could change how long it takes.  

In this article, we are going to delve into the question in some detail, so you can understand the different factors that play into the length of time it takes to obtain your citizenship in the United States.

We are Ashoori Law, led by Michael Ashoori, a U.S. immigration lawyer based in Los Angeles, California.  At our law firm we work with clients from all over the world, and we regularly post articles and videos to make sure that you are up to date with the latest immigration news.  If, after reading this article, you have more questions, then we invite you to contact us at Ashoori Law.  Feel free to call us at +1-818-741-1117 or you may schedule a free consultation by clicking this link.

Naturalization:  3-5 Years After Obtaining a Green Card

First and foremost, in order to become a U.S. citizen, you first have to become a lawful permanent resident, which means you have to first become a green card holder.  It is only after having your green card for a certain period of time that you are eligible to apply for citizenship.  Also, the process of applying for citizenship is called Naturalization.  To naturalize, you must file Form N-400 with USCIS.

Importantly, to apply for citizenship, you first have to have your green card for a certain period of time.  Normally, you will have to have your green card for at least five years before applying for citizenship.  However, in certain cases, if you are married to a U.S. citizen, and have been married for at least three years to that U.S. citizen, then you may potentially qualify to apply for naturalization as early as three years from the time of obtaining your green card, rather than the normal five years. 

To reiterate, the standard minimum length of time that somebody must have their green card before applying for citizenship is five years.  But in certain cases, if the green card holder is married to a U.S. citizen, and they've been married to that U.S. citizen for at least three years since getting their green card, then they may be eligible to apply for citizenship in as early as three years.

The  “Presence” Factors Involved When Applying for Citizenship

1. Physical Presence

There are various factors that come into play when applying for citizenship.  The first factor is physical presence in the U.S.  Whichever number of years applies to your particular case, whether it's five years or three years, USCIS will look back during that either five-year or three-year period and check to see whether you have been physically present in the United States for at least half of that time.  For example, if somebody is eligible to apply for naturalization after five years of having their green card, then USCIS will look back five years and check whether the person has been physically present inside the United States for at least two-and-a-half years over the last five-year period.  Similarly, if somebody is eligible to apply for naturalization after three years of having their green card, then USCIS will look back over the past three years and see if the person has been physically present in the United States for at least one-and-a-half years over that three-year period.

Why does physical presence matter?  The USCIS will only consider someone for citizenship if they have spent time in their chosen country.  If somebody has had their green card for five years, and they want to apply for naturalization, but they've been outside of the United States for four years out of that five-year period, then they're not eligible to apply for naturalization yet, because they do not satisfy the physical presence requirement.

2. Continuous Residence

The next factor that can affect how long somebody has to wait before they apply for naturalization is called the continuous residence requirement.  Depending on your situation, whether you're eligible to apply for naturalization after five years of having your green card or three years of having your green card, USCIS will look at that period of time and will determine whether or not you broke your continuous residence. USCIS determines that based on prolonged time spent outside of the United States.

Generally speaking, the continuous residence requirement has to do with trips taken outside of the United States for an extended period of time.  If somebody leaves the United States for more than 180 days, but less than 365 days, then USCIS will presume that that person has disrupted their continuity of residence, and thus that person did not continuously reside in the United States. 

An applicant for naturalization, however, can overcome that presumption by showing multiple things.  They could show USCIS that:

• They maintained their employment in the United States,
• They maintained a residence, a physical dwelling in the United States.  (For example, they kept a lease in place, or that they still owned their primary residence in the United States), or
• Their immediate family members remained in the United States.

Such information can counter the presumption that they disrupted their continuous residence in the U.S. 

However, if somebody is outside of the United States for a year or more, then USCIS will view them as having disrupted their continuous residence for purposes of naturalization.  They then cannot apply for naturalization until they re-establish continuous residence in the United States for the required period of time discussed above.