Why You Shouldn’t Apply for Citizenship
Author: Ashoori Law
Oftentimes, the main goal of immigrants when they come to the United States is to eventually apply for citizenship and become US citizens. However, there are requirements and consequences of applying for citizenship that should be considered and discussed with an experienced immigration attorney before you send off the N-400.
1. Certain Crimes Make You Ineligible for Citizenship
One requirement when you apply for citizenship is that you must be a person of good moral character and have been a person of good moral character for at least five years immediately before filing Form N-400 (3 years if your green card is based on marriage to a US citizen). Certain types of criminal conduct automatically disqualify applicants from establishing good moral character and may even make the applicant subject to removal proceedings. These convictions are permanent bars to naturalization and tend to be serious crimes, such as murder and drug trafficking.
Additionally, a conditional bar to naturalization will be imposed if, during the statutory period before applying, a crime such as controlled substance violations, prostitution, human trafficking, polygamy, being a habitual drunkard, adultery, or failure to support dependents is committed. You should always consult with an immigration attorney, in addition to a criminal defense attorney, if you are ever charged with a crime and are not yet a US citizen. Failure to do so can result in making you temporarily or permanently ineligible to apply for citizenship.
For official USCIS guidance on good moral character requirements, see the USCIS naturalization eligibility page.
2. Key Citizenship Requirements at a Glance
The table below summarizes the key requirements and potential disqualifiers to be aware of before you apply for citizenship.
| Requirement | Details |
|---|---|
| Good Moral Character Period | 5 years before filing (3 years if married to a US citizen) |
| Permanent Bars to Naturalization | Serious crimes such as murder and drug trafficking |
| Conditional Bars to Naturalization | Controlled substance violations, human trafficking, polygamy, prostitution, habitual drunkenness, adultery, failure to support dependents |
| Continuous Residence Requirement | No single absence longer than 1 year in the 5 years (or 3 years) prior to applying |
| Absences of 6-12 Months | May disrupt continuous residence — consult an attorney |
| Physical Presence Requirement (5-year track) | At least 30 months physically present in the US in the 5 years before filing |
| Physical Presence Requirement (3-year track) | At least 18 months physically present in the US in the 3 years before filing |
| Dual Citizenship Risk | Some countries (e.g. China, India, Saudi Arabia) do not allow dual citizenship and will revoke your home country citizenship upon naturalization |
3. Getting US Citizenship Can Cost You Your Home Country’s Citizenship
US law does not require a person to choose one nationality or another. However, it’s possible that your home country will not let you have dual citizenship. For example, China, India, and Saudi Arabia do not allow any type of dual citizenship. Therefore, if you are from a country that does not allow dual citizenship, and you become a US citizen, your home citizenship will automatically be revoked. For this reason, if your home country’s citizenship is a priority to you, you should check their laws on dual citizenship before applying for naturalization in the US.
4. Extended Absences from the US Can Make You Ineligible for Citizenship
There are two additional requirements when you apply for citizenship: 1) the continuous residence requirement and 2) the physical presence requirement.
Continuous residence requires that you cannot have a single absence from the United States that is longer than one year in the five years (or 3 years if the spouse of a US citizen) prior to applying. Even absences that are longer than six months but less than one year may disrupt your continuous residence. If you have been out of the US for longer than 6 months for one trip and are considering applying for citizenship, consult with an attorney to discuss whether you are currently eligible.
To satisfy the physical presence requirement, an applicant for naturalization must have been physically present in the United States for at least half the time for which your continuous residence is required. Therefore, if you are the spouse of a US citizen, you are required to show you have been physically present in the US for half (18 months) of the 3 years immediately prior to filing. Otherwise, you are required to show you have been in the US for at least half (30 months) of the 5 years immediately before the date of filing your N-400. If you cannot satisfy this requirement, you are not eligible yet to apply for citizenship and should not apply.
For official USCIS guidance on continuous residence and physical presence requirements, see the USCIS naturalization page.
5. Conclusion
Outlined above are key requirements and consequences to be aware of before you apply for citizenship. Certain criminal convictions, dual citizenship conflicts with your home country, and extended absences from the US can all affect your eligibility. Before filing your N-400, it is strongly recommended that you consult with an experienced immigration attorney to make sure you are fully eligible and prepared.
If you have any questions, feel free to schedule a free consultation with Ashoori Law or email us directly at contact@ashoorilaw.com.
6. Related Resources
If you are considering whether to apply for citizenship or exploring related immigration topics, the following resources from Ashoori Law may be helpful:
Citizenship and Naturalization:
- Naturalization Requirements: The 9 Requirements to Become a US Citizen
- Naturalization Process
- How Long Does It Take to Become a US Citizen
- Common Naturalization Interview Questions
- Naturalization Exam 2025: Key Changes, Tips, and What Applicants Should Know
- 4 Benefits of Getting US Citizenship
- Green Card vs US Citizenship
- Green Card vs US Citizenship: Reasons to Naturalize
Green Card Resources:
- How to Get a Green Card
- Green Card Renewal Processing Time
- Green Card Holders: Protect Your Green Card
- Is It Safe for Green Card Holders to Travel
- Good Moral Character for Immigration
Service Pages:
7. Frequently Asked Questions
What are the main reasons you should not apply for citizenship?
There are three key reasons to hold off before you apply for citizenship. First, certain criminal convictions can permanently or temporarily bar you from naturalization. Second, becoming a US citizen may cost you your home country’s citizenship if your country does not allow dual nationality. Third, extended absences from the United States may disrupt your continuous residence or physical presence requirements, making you ineligible to apply.
What crimes disqualify you from applying for citizenship?
Serious crimes such as murder and drug trafficking are permanent bars to naturalization. Conditional bars apply for crimes committed during the statutory period before filing, including controlled substance violations, human trafficking, prostitution, polygamy, adultery, habitual drunkenness, and failure to support dependents. If you have been charged with any crime and are not yet a US citizen, consult with both an immigration attorney and a criminal defense attorney immediately.
What is the good moral character requirement to apply for citizenship?
To apply for citizenship, you must demonstrate that you have been a person of good moral character for at least 5 years before filing Form N-400, or 3 years if your green card is based on marriage to a US citizen. USCIS evaluates your conduct during this period, including any criminal history, tax compliance, and other behavior.
Will applying for US citizenship affect my home country’s citizenship?
It depends on your home country’s laws. The United States does not require you to renounce other citizenships when you naturalize. However, countries such as China, India, and Saudi Arabia do not permit dual citizenship, meaning your home country citizenship may be automatically revoked when you become a US citizen. Always check your home country’s laws before you apply for citizenship.
What is the continuous residence requirement to apply for citizenship?
The continuous residence requirement means you cannot have had a single absence from the United States longer than one year during the 5-year period (or 3-year period for spouses of US citizens) before filing your N-400. Absences of more than 6 months but less than one year may also disrupt your continuous residence. If you have taken extended trips abroad, consult an immigration attorney before you apply for citizenship.
What is the physical presence requirement to apply for citizenship?
To apply for citizenship on the 5-year track, you must have been physically present in the US for at least 30 months out of the 5 years before filing. On the 3-year track (for spouses of US citizens), you must have been physically present for at least 18 months out of the 3 years before filing. If you do not meet this requirement, you are not yet eligible and should wait before applying.
What is Form N-400?
Form N-400 is the Application for Naturalization, the official form used to apply for citizenship in the United States. It is filed with USCIS and covers your background, residency history, moral character, and other eligibility factors. For official instructions, visit the USCIS Form N-400 page.
Can I apply for citizenship if I have been outside the US for more than 6 months?
Possibly, but it depends on the length and circumstances of your absence. Absences of more than 6 months but less than one year may disrupt your continuous residence. Absences of one year or more will break continuous residence entirely. You should consult with an immigration attorney to assess your specific situation before you apply for citizenship.
How long does it take to apply for citizenship and get approved?
Processing times vary depending on USCIS workload and your local field office. For current processing time estimates, visit the USCIS processing times page. See also our guide on how long it takes to become a US citizen.
Should I consult an immigration lawyer before I apply for citizenship?
Yes, strongly recommended. An immigration attorney can review your criminal history, travel history, and green card basis to confirm you are fully eligible before you apply for citizenship. Filing when you are not eligible can have serious consequences, including triggering removal proceedings. Feel free to reach out to Ashoori Law at contact@ashoorilaw.com or schedule a free consultation.
About the Author
Michael Ashoori, Esq.
President, Ashoori Law
Michael Ashoori is a U.S. immigration lawyer and the founder of Ashoori Law. Mr. Ashoori focuses his legal practice on helping individuals, families, working professionals, investors, and entrepreneurs to get visas, green cards, and citizenship to the United States. He also represents US employers sponsoring foreign workers for temporary visas or lawful permanent residence.
The son of immigrant parents, Mr. Ashoori has a deep understanding and appreciation for the benefits of U.S. immigration. He has assisted over 1,226 clients from around the world.
Mr. Ashoori received his Juris Doctor (J.D.) degree from UCLA School of Law and his Bachelor of Arts (B.A.) degree from UCLA.
Legal Disclaimer: The information provided in this article is for general informational purposes only and does not constitute legal advice. Immigration laws and USCIS policies are subject to change. The information on this page may not reflect the most current legal developments. No attorney-client relationship is formed by reading this content. For advice specific to your situation, please consult a qualified immigration attorney. You are welcome to contact Ashoori Law directly at contact@ashoorilaw.com.
Michael Ashoori, Esq.
President of Ashoori Law
I’m a U.S. immigration lawyer and I help families, professionals, investors, and entrepreneurs get visas, green cards, and citizenship to the United States.
Since starting my law firm, I’ve helped thousands of people from all over the world with their immigration needs. I’m very passionate, hard-working, and committed to my clients.
Got a question? Send me an email.