​​​​The 3-Year Rule and the 5-Year Rule

Most applicants qualify for naturalization under either the five-year rule or the three-year rule, depending on how they obtained their green card. Under the five-year rule, an applicant may apply for U.S. citizenship after five years as a lawful permanent resident. This is the most common path to naturalization and applies to most green card holders.

 

The three-year rule applies to applicants who obtained permanent residence through marriage to a U.S. citizen. To qualify, the applicant must have been a lawful permanent resident for at least three years, must have been continuously married to and living with the same U.S. citizen spouse during that time, and the spouse must have been a U.S. citizen for the full three-year period. If the marriage has ended through divorce or separation, the applicant generally no longer qualifies under the three-year rule and may need to wait until meeting the five-year requirement.

 

USCIS allows applicants to file Form N-400 up to 90 days before reaching the three- or five-year residency requirement. However, filing too early can result in denial, making careful eligibility calculation essential.

 

​​​​Continuous Residence Requirement

​In addition to meeting the required residency period, applicants must show continuous residence in the United States. Continuous residence means maintaining a permanent home in the U.S. for the statutory period. Short trips abroad usually do not affect continuous residence. However, absences of more than six months may break continuous residence unless specific legal steps are taken in advance. When USCIS believes continuous residence may have been disrupted, the applicant may need to provide evidence showing continued ties to the U.S., such as employment, housing, tax filings, and family connections.

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​​​Physical Presence Requirement

​Physical presence is separate from continuous residence and refers to the actual number of days the applicant was physically inside the United States during the eligibility period. Under the five-year rule, applicants must generally show at least 30 months of physical presence. Under the three-year rule, applicants must generally show 18 months of physical presence. Time spent outside the United States does not count toward physical presence, even if continuous residence is not broken. USCIS closely reviews travel history, passport stamps, and prior immigration filings for consistency.

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​​​​Good Moral Character

​Applicants for naturalization must demonstrate good moral character during the statutory period, typically the same three or five years used for eligibility. USCIS reviews criminal history, immigration records, tax compliance, child support obligations, and honesty in prior applications. Certain criminal offenses may automatically bar naturalization, while others require careful legal analysis. Even arrests without convictions can affect a case if not properly addressed. USCIS may also consider conduct outside the statutory period if it reflects negatively on the applicant’s character. Because good moral character is evaluated on a discretionary basis, full disclosure and legal review before filing are critical.

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​​​Filing Form N-400 and the USCIS Process

​Naturalization begins by filing Form N-400, Application for Naturalization, with USCIS. After filing, USCIS issues a receipt notice and schedules a biometrics appointment to collect fingerprints and conduct background checks. USCIS then schedules an in-person naturalization interview, where an officer reviews the application, asks questions about the applicant’s background, and administers the English and civics tests unless an exemption applies. Some applicants may qualify for language or testing exemptions based on age or medical conditions, but these exemptions must be properly documented. In some cases, USCIS may continue the application, request additional evidence, or deny the application. Applicants may have the right to request a hearing or reapply, depending on the reason for the decision.

 

If the naturalization application is approved, the final step is the oath ceremony. At the ceremony, the applicant takes the Oath of Allegiance and officially becomes a U.S. citizen. USCIS issues a Certificate of Naturalization as proof of citizenship. 

 

Many naturalization denials occur not because applicants fail the English or civics test, but because eligibility issues were overlooked before filing. Extended travel, prior immigration violations, unresolved criminal matters, or tax issues can all affect the outcome of a citizenship application.

 

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Attorney Fee

Naturalization (Without Criminal Records): $1500

Naturalization (With Criminal Records): $3000​

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✓ Processing Time: 3–9 months.

✓ Payment plans available in up to three installments, with a 3% processing fee.

✓ Government filing fees are not included in the service fees. 

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At Dream Immigration Law, we help clients evaluate eligibility, choose the correct filing strategy under the three- or five-year rule, and prepare thoroughly for the USCIS interview. Our goal is to help lawful permanent residents navigate the naturalization process with clarity, confidence, and long-term security.