Statutes · INA §316; 8 U.S.C. §1427

INA §316 — General naturalization requirements

INA § 316 (8 U.S.C. § 1427) is the general citizenship rule: 5 years as a permanent resident, physical presence for 30 months, 3 months in your state or district, and good moral character through the oath. Apply with Form N-400, up to 90 days early. A long trip or a past offense can restart the clock or sink the case.

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General information, not legal advice. See the notice at the end of this page.

What are the basic requirements, and what does it cost?

You must be at least 18 and have been lawfully admitted as a permanent resident. You need 5 years of continuous residence after that admission, physical presence for at least 30 months of those 5 years, and 3 months in the state or USCIS district where you file. You must keep living here from filing to the oath, show good moral character, and pass English and civics. Spouses of citizens may qualify sooner under INA § 319. Form N-400 costs $760 on paper or $710 online. If your household income is at most 400 percent of the Federal Poverty Guidelines, you pay $380 on paper with proof. A fee waiver on Form I-912 may be available, and qualifying military applicants pay $0. You may file up to 90 days before reaching the 5 years. Count the days first, using your passport stamps.

How do trips abroad affect my eligibility?

The rule depends on the length of a single trip. An absence of more than 6 months but less than 1 year is presumed to break continuous residence. You can overcome that by proving you did not abandon your U.S. home, with evidence such as a kept job, taxes filed, a kept home and family here. An absence of 1 year or more breaks it automatically, whether before or after filing, unless you hold an approved Form N-470 for qualifying government, research or company work abroad. The N-470 fee is $420. After a break of 1 year or more, USCIS says you must generally wait at least 4 years and 1 day after returning before you may apply. Short trips still count against the 30 months. If a trip was long, list it honestly on Form N-400, and bring proof of your ties at the interview.

What can ruin good moral character?

USCIS looks at the 5 years before filing and up to the oath, and earlier conduct can count if it bears on who you are now. Some bars are permanent: a murder conviction at any time, and an aggravated felony conviction on or after November 29, 1990. Others apply in the period, including a crime involving moral turpitude, several offenses with a total sentence of 5 years, and controlled substance violations other than limited simple possession. Unlawful acts that reflect badly on character can also count, even without an arrest, and USCIS may consider unpaid taxes, unpaid child support, and false claims to citizenship or unlawful voting. You generally cannot be approved while on probation. Before filing, get certified copies of every police report and court outcome, and show proof of paid taxes and support. If any of this applies, do not file before a lawyer has reviewed it.

What should I expect from the 2026 interview process?

The process has become stricter. Investigators may now speak with people who know you (see the next section), and the civics test depends on your filing date. If you filed on or after October 20, 2025, you take the 2025 civics test: 20 questions from a bank of 128, and you must answer 12 correctly. The officer stops at 12 correct or 9 wrong. Applicants who filed earlier take the 2008 test. Check the receipt date on your notice so you study the right version. Review every answer on your Form N-400 before you sign, since you swear to it again. If you do not understand a question, ask your lawyer or the officer; never guess at a sworn form.

Should I send character reference letters with my N-400?

It is worth doing. In August 2026 USCIS reintroduced neighborhood investigations: investigators may interview people about your conduct, residence, reputation and community ties, generally before your interview. USCIS may waive this, for example if you submit sufficient letters. It suggests at least two letters with Form N-400, preferably from U.S. citizens who personally know you, such as neighbors, employers or co-workers. It does not consider letters from immediate family or relatives. Each letter should give the writer's full name, address, phone and email, proof of citizenship or status, how long they have known you, specific examples of your honesty and integrity, and a clear statement about your moral character. Leaving letters out may contribute to a decision to investigate, but does not alone show poor character. Ask your writers early, and check each letter for accuracy.

Can applying for citizenship put my green card at risk?

Yes. Form N-400 invites a fresh review of your whole file. Under INA § 318, you must prove you were lawfully admitted for permanent residence in accordance with all applicable provisions, so a green card granted by mistake or through fraud makes you ineligible even after years. USCIS may also issue a Notice to Appear if the review shows you are removable, and a conviction can be a deportability ground under INA § 237. USCIS issued new guidance on referring cases for denaturalization in September 2026, so concealment can resurface after the oath. Do not file while removal proceedings are pending; the application generally cannot be considered then. If you receive a hearing notice, use our court hearing guide to confirm the date. Have a lawyer read your file if you have any arrest, marriage problem or long gap.

What can I do if my N-400 is denied?

You have a real path to review, but the first deadline is short. File Form N-336 within 30 days of receiving the denial. The fee is $830 on paper or $780 online, and a fee waiver may be available. A different officer at an equal or higher grade holds a hearing, generally within 180 days. If that officer also denies, you have no more than 120 days from that final decision to petition the U.S. district court where you live. Calendar that date the day the decision arrives. Court review is de novo, meaning the judge makes new findings. If the denial is about residence or physical presence, you can often refile once you have enough time, which may be simpler. Consider the reason first, since a denial for moral character can raise other risks. Our citizenship service can review the denial and your options with you.

How we can help

Citizenship and naturalization

Naturalization applications (Form N-400) and interview preparation, plus certificates of acquired or derived citizenship (Form N-600).

Primary sources

Frequently asked questions

How long do I need a green card before I can apply for citizenship?

Generally 5 years. INA § 316 requires 5 years of continuous residence after your admission as a permanent resident, physical presence for at least 30 months of those 5 years, and 3 months in the state or USCIS district where you file. You may file Form N-400 up to 90 days before reaching the 5 years. Spouses of citizens may qualify sooner under INA § 319.

How much does Form N-400 cost?

Form N-400 costs $760 on paper or $710 online. If your household income is at most 400 percent of the Federal Poverty Guidelines, you pay $380 on paper with proof. A fee waiver on Form I-912 may be available, and qualifying military applicants pay $0.

Does a trip abroad of more than 6 months break continuous residence for citizenship?

An absence of more than 6 months but less than 1 year is presumed to break continuous residence under INA § 316. You can overcome that by proving you did not abandon your U.S. home, with evidence such as a kept job, taxes filed, a kept home and family here. An absence of 1 year or more breaks it automatically, unless you hold an approved Form N-470.

How many questions are on the citizenship civics test?

If you filed Form N-400 on or after October 20, 2025, the 2025 civics test has 20 questions from a bank of 128, and you must answer 12 correctly. The officer stops at 12 correct or 9 wrong. Applicants who filed earlier take the 2008 test, so check the receipt date on your notice.

Can I apply for citizenship while I am on probation?

You generally cannot be approved for citizenship while on probation. USCIS looks at good moral character over the 5 years before filing and up to the oath, and earlier conduct can count if it bears on who you are now. Do not file Form N-400 before a lawyer has reviewed your police reports and court outcomes.

How long do I have to appeal a denied citizenship application?

File Form N-336 within 30 days of receiving the Form N-400 denial. The fee is $830 on paper or $780 online, and a fee waiver may be available. If the hearing officer also denies, you have no more than 120 days from that final decision to petition the U.S. district court where you live.

What is INA §316 — General naturalization requirements?

INA § 316 (8 U.S.C. § 1427) is the general citizenship rule: 5 years as a permanent resident, physical presence for 30 months, 3 months in your state or district, and good moral character through the oath. Apply with Form N-400, up to 90 days early. A long trip or a past offense can restart the clock or sink the case.

What should I check before relying on this information?

You have a real path to review, but the first deadline is short. File Form N-336 within 30 days of receiving the denial. The fee is $830 on paper or $780 online, and a fee waiver may be available. A different officer at an equal or higher grade holds a hearing, generally within 180 days. If that officer also denies, you have no more than 120 days from that final decision to petition the U.S. district court where you live. Calendar that date the day the decision arrives. Court review is de novo, meaning the judge makes new findings. If the denial is about residence or physical presence, you can often refile once you have enough time, which may be simpler. Consider the reason first, since a denial for moral character can raise other risks. Our [[/services/citizenship|citizenship service]] can review the denial and your options with you.

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