Naturalization

How to Become a U.S. Citizen Through Naturalization

Naturalization is the legal process by which a non-citizen voluntarily becomes a U.S. citizen. For most green card holders, it is the final step in an immigration journey that may have taken years or decades. Citizenship brings rights that permanent residence does not — including the right to vote, to hold a U.S. passport, and to be free from the threat of deportation.

Who Is Eligible to Apply?

To apply for naturalization, you must generally meet all of the following requirements. Missing any one of them will result in a denial or delay.

• Be at least 18 years old at the time of filing
• Be a lawful permanent resident (green card holder)
• Have been a permanent resident for at least 5 years continuously
• If married to a U.S. citizen: only 3 years as a permanent resident required
• Have lived in the state or USCIS district where you apply for at least 3 months
• Have been physically present in the U.S. for at least half of the required residency period (30 months for the 5-year path; 18 months for the 3-year path)
• Be a person of good moral character (no disqualifying criminal history)
• Be able to read, write, and speak basic English (exemptions exist for age and disability)
• Pass the U.S. civics test (exemptions exist)
• Be willing to take the Oath of Allegiance to the United States

Good Moral Character — The Criminal History Question

Any arrest, charge, or conviction on your record — including matters that were dismissed, expunged, or for which you received no jail time — must be disclosed on Form N-400. USCIS conducts a background check and will discover criminal history that you fail to disclose. Failing to disclose is itself a bar to naturalization.

Certain crimes are permanent bars to naturalization, including murder, aggravated felonies, and certain drug offenses. Other crimes are conditional bars for a statutory period. If you have any criminal history, consult an immigration attorney before filing. A denial for lack of good moral character can have immigration consequences beyond just the naturalization denial.

The 2025 Civics Test Update

The New 2025 Naturalization Civics Test

On October 20, 2025, USCIS began administering a new civics test to all applicants who file Form N-400 on or after that date. The test changed significantly from the 2008 version most applicants are familiar with.

Feature	2008 Test (Pre-Oct 2025 filers)	2025 Test (Oct 2025+ filers)
Total questions on study list	100 questions	128 questions
Questions asked at interview	Up to 10 questions	Up to 20 questions
Correct answers required to pass	6 out of 10	12 out of 20
Format	Oral: officer asks questions	Oral: officer asks questions
Content	U.S. history & government	U.S. history, government, expanded
Study materials	Free at uscis.gov/citizenship	Free at uscis.gov/citizenship

USCIS provides free official study materials for both test versions at uscis.gov/citizenship. The materials include all 128 questions with official answers, flashcards, and a practice tool. Understanding the concepts rather than memorizing answers is key, because officers may rephrase questions.

Step-by-Step Process

The Naturalization Process — 8 Steps

• 1

  Confirm your eligibility

  Calculate your continuous residence period from your green card date. Check your travel history for trips outside the U.S. exceeding 6 months (which may break continuous residence). Verify you meet the physical presence requirement. Review your criminal history if any.

• 2

  Complete and file Form N-400

  File online at uscis.gov (recommended) or by mail. The filing fee is $760. If your household income is at or below 150% of the federal poverty guidelines, you may qualify for a fee waiver (Form I-912). You may also qualify for a reduced fee of $380 (Form I-942) if your income is between 150% and 200% of the poverty guidelines. Note: online filing offers faster receipt acknowledgment (1–3 days vs. 2–4 weeks by mail).

• 3

  Receive your receipt notice (Form I-797C)

  USCIS will mail you a receipt notice with your 10-digit receipt number. Use this number to track your case at egov.uscis.gov/casestatus. Save this notice — you will need it throughout the process.

• 4

  Attend your biometrics appointment

  USCIS will schedule you for a biometrics appointment at a local Application Support Center (ASC). You will provide fingerprints, a photo, and a signature. Dress appropriately — USCIS may use the photo taken at the ASC on your Certificate of Naturalization.

• 5

  Prepare for your interview and civics test

  USCIS will schedule your interview and civics test. Allow 5–8 months after filing for the interview to be scheduled. The interview typically lasts under 30 minutes. Study the 128 civics questions, practice reading and writing in English, and review your N-400 application so you can answer questions about it accurately.

• 6

  Attend the naturalization interview

  Bring: your green card, your N-400 receipt notice, a government-issued photo ID, all passports (valid and expired) documenting travel since becoming a permanent resident, and any applicable documents (marriage certificate, divorce decree, etc.). The officer will review your N-400, test your English, and administer the 2025 civics test.

• 7

  Receive your decision

  Many applicants receive a decision on the same day as their interview on Form N-652, Notice of Examination Results. If approved, you will be scheduled for the Oath of Allegiance ceremony. If your case is continued, USCIS has up to 120 days to issue a written decision. If denied, you have the right to request a hearing.

• 8

  Take the Oath of Allegiance

  You are not a U.S. citizen until you take the Oath at a naturalization ceremony. Ceremonies may be held on the same day as your interview or at a later date. At the ceremony, review Form N-445 before you enter, surrender your green card, take the Oath, and receive your Certificate of Naturalization. Review the certificate for errors before leaving.

What U.S. Citizenship Actually Gives You

Permanent residence is secure for most people, but citizenship provides protections and rights that a green card does not. Understanding what changes — and what does not — is important for making the decision to naturalize.

• The right to vote in federal, state, and local elections
• A U.S. passport — visa-free entry to over 180 countries
• Protection from deportation, regardless of criminal conviction (with narrow exceptions)
• Eligibility to petition for a wider range of relatives (siblings, married adult children)
• Eligibility for federal jobs requiring security clearances and many government positions
• Ability to transmit citizenship to children born abroad
• Eligibility for federal benefits not available to permanent residents
• You do not automatically lose your prior citizenship — many countries permit dual citizenship, but your original country may require you to renounce U.S. citizenship
• Verify your home country's dual citizenship rules before naturalizing if retaining original citizenship matters to you

Marriage-Based Green Card

How to Get a Green Card When Your Spouse Is a U.S. Citizen

The spouse of a U.S. citizen is classified as an immediate relative under immigration law — the highest-priority family category, with no annual visa number cap and no waiting list. This is the fastest path to a green card in the family-based immigration system. But the process has significant requirements, costs, and pitfalls.

Two Paths — Inside vs. Outside the United States

How you get your green card depends on whether you are currently inside or outside the United States when your U.S. citizen spouse files for you.

Path	Adjustment of Status (in the U.S.)	Consular Processing (outside U.S.)
Who uses it	Foreign spouse physically present in the U.S.	Foreign spouse living abroad
Key forms	I-130 + I-485 (filed together in most cases)	I-130, then NVC, then DS-260
Work authorization during process	Yes — file I-765 with the I-485 at no extra cost	No (unless on a valid work visa)
Travel during process	File I-131 advance parole with I-485	Can travel freely but cannot enter the U.S. until visa is issued
Interview location	Local USCIS field office	U.S. Embassy or Consulate abroad
Typical total timeline	10–17 months	Often 18–36+ months
I-485 fee	$1,440 per applicant (2026)	$325 IV visa fee; no I-485 until in the U.S.

The Forms and Fees

Forms Required — What They Do and What They Cost

A marriage-based green card involves multiple federal forms filed with different agencies. Understanding what each form does and when to file it prevents the most common errors that result in rejections and delays.

Step 1: Form I-130 — Petition for Alien Relative

The U.S. citizen spouse files Form I-130 to establish that a valid, legally recognized marriage exists. Filing fee: $675. The I-130 itself does not give the foreign spouse any status or authorization to work. It simply establishes the qualifying relationship. USCIS is expanding premium processing for family-based I-130 petitions in 2026 ($2,805 extra for a guaranteed decision within 15 business days).

Step 2: Form I-130A — Supplemental Information (for spouses)

When a U.S. citizen files an I-130 for a spouse, Form I-130A must also be filed, completed by the foreign spouse. This form collects biographical information about the foreign national spouse. It is filed together with the I-130 at no additional fee.

Step 3: Form I-485 — Adjustment of Status (for applicants already in the U.S.)

The foreign spouse files Form I-485 to formally apply for lawful permanent resident status. As of 2026, the filing fee is $1,440 per applicant ($1,375 if filed online). This fee includes the biometrics services appointment. When filed concurrently with the I-130 (at the same time), the I-485 also comes bundled with:

• Form I-765 (Employment Authorization Document — EAD work permit) at no extra cost
• Form I-131 (Advance Parole travel authorization) at no extra cost

Critical Warning

The Conditional Green Card — The Two-Year Trap

If you have been married less than two years when your green card is approved, USCIS will issue a conditional permanent resident card valid for only two years. This conditional card looks like a regular green card but expires in two years and carries a crucial deadline that many people miss.

To keep your permanent resident status after the two-year conditional period, you and your U.S. citizen spouse must jointly file Form I-751 (Petition to Remove Conditions on Residence) during the 90-day window before your conditional card expires. You must submit evidence that your marriage is genuine and ongoing — joint tax returns, shared financial accounts, joint lease or mortgage, photos together over time, birth certificates of any children, insurance documents listing both spouses, and similar documentation.

Divorcing During the Conditional Period

If your marriage ends in divorce during the two-year conditional period, you can still file I-751 as a sole applicant by requesting a hardship waiver. You must prove that the marriage was genuine (not a sham marriage for immigration purposes) when it began, even if it later ended. This is one of the most important protections in immigration law for conditional residents who divorced. The waiver is also available for survivors of domestic abuse — you do not need the abusive spouse's cooperation to file.

Proving Your Marriage Is Real — Evidence That Works

The most common reason marriage-based green card applications are delayed or denied is insufficient evidence that the marriage is genuine. USCIS looks for concrete, independent evidence that you live as a married couple. The strongest evidence includes:

• Joint federal tax returns filed as "married filing jointly"
• Joint bank account statements showing regular transactions by both spouses
• Joint lease or mortgage with both names
• Health, auto, or life insurance listing both spouses
• Photos together over time and across contexts (daily life, family gatherings, travel)
• Birth certificates of children born of the marriage
• Correspondence addressed to both spouses at the same address
• Affidavits from people who know you as a couple
• Evidence should span the entire marriage — especially up to the time of the interview. Newer evidence is always stronger than old evidence.

DACA — Dreamers

DACA in 2026 — What Florida Dreamers Need to Know Right Now

There are more than 30,000 active DACA recipients in Florida, making Florida one of the largest DACA states in the nation. The program has faced continuous legal challenges since 2017. As of May 2026, current DACA recipients can still renew, but the program's future remains deeply uncertain. The information below reflects the current status — but DACA law can change rapidly, and you should monitor updates through NILC.org and USCIS.gov.

What DACA Is and Is Not

DACA (Deferred Action for Childhood Arrivals) was created by DHS Secretary Janet Napolitano in 2012 for certain young people who were brought to the United States as children and had grown up in America. DACA is not a path to permanent residence. It is not a visa. It does not provide lawful immigration status. It is a prosecutorial discretion policy — a government decision to defer removal (deportation) of a specific population and grant them work authorization for a two-year renewable period.

What DACA does provide: protection from deportation for the duration of the two-year grant, and work authorization through an Employment Authorization Document (EAD).

Current Legal Status — May 2026

Where DACA Stands After the January 2025 Fifth Circuit Decision

The DACA program has been through continuous litigation since 2017. The most recent major development is the Fifth Circuit Court of Appeals decision issued on January 17, 2025.

What the Fifth Circuit Ruled

The Fifth Circuit found that the Biden administration's 2022 DACA Final Rule was largely unlawful. However, the court took a nuanced approach that has significant practical implications:

• DACA's protection from deportation (deferred action) was found to be a lawful exercise of prosecutorial discretion and may continue nationwide
• Work authorization (EADs) tied to DACA was found potentially unlawful — but the court narrowed the impact to Texas only for now
• Current DACA recipients across all states, including Florida, can continue to renew their DACA and work authorization
• New, first-time DACA applications continue to be accepted by USCIS but are not being processed or approved
• The court kept a stay of the order for current recipients due to "immense reliance interests" — protecting people who built their lives around DACA

The Path Forward — What Could Happen

As of May 2026, the case has been remanded to the district court in Texas for further proceedings. Multiple outcomes are possible: Congress could pass legislation providing a permanent solution (the DREAM Act has been introduced many times without passing), the district court could modify its injunction in ways that affect the program further, or the executive branch could attempt to modify the program through new rulemaking.

Renewal Process

How to Renew Your DACA — Step by Step

• 1

  Find your EAD expiration date

  Look at the front of your current Employment Authorization Document (EAD card). The expiration date is printed on the card. Calculate 150 days before that date — that is the earliest you should file your renewal. Calculate 120 days before — that is USCIS's recommended earliest filing date.

• 2

  Complete Form I-821D (DACA renewal request) and Form I-765

  Form I-821D is the DACA renewal request. You must also file Form I-765 (Application for Employment Authorization) and Form I-765WS (Worksheet) at the same time. These forms must be filed together — do not file them separately.

• 3

  Pay the filing fee

  The combined filing fee for DACA renewal is $560 ($55 for I-821D + $520 for I-765). Fee waivers are generally not available for DACA renewal. USCIS no longer accepts personal checks or money orders for most filings — pay by credit card, debit card, or through your online USCIS account.

• 4

  Mail to the correct USCIS lockbox

  Check USCIS.gov for the current mailing address — it changes periodically and filing to the wrong address will cause delays. Do not mail to a USCIS service center or field office.

• 5

  Track your case and plan for a biometrics appointment

  USCIS may require a biometrics appointment (fingerprints and photo). Most DACA renewals are adjudicated within 120 days. USCIS historical data shows median processing times around 1–2 months, but this can vary. Check case status at egov.uscis.gov/casestatus.

What DACA Recipients Should Do Now to Protect Themselves

Regardless of what happens in the courts, there are steps every DACA recipient should take now to protect their future options:

• Renew on time, every time. Do not let your EAD lapse. Set calendar reminders 5 months before your expiration date.
• Gather and secure your immigration documents. Keep all past USCIS approval notices, EADs, passports, and entry documents in a safe, accessible place.
• Consult an immigration attorney about other paths. Some DACA recipients may qualify for other immigration relief: marriage to a U.S. citizen, employment-based sponsorship, VAWA self-petition, special immigrant juvenile status, or other pathways. An attorney can review your individual situation.
• Be careful about travel outside the United States. DACA does not include advance parole for travel except in very limited circumstances. Leaving the U.S. without advance parole can trigger a bar to returning based on unlawful presence. Do not travel internationally without consulting an immigration attorney first.
• Know your rights if approached by immigration enforcement. You have constitutional rights regardless of immigration status, including the right to remain silent and the right to speak with an attorney. See Article 4 of this guide.
• Beware of notarios and non-attorneys who offer immigration help. In Florida, only licensed attorneys and EOIR-accredited representatives can legally give immigration advice. "Notario fraud" is common and can destroy your immigration case.

Removal Defense — Know Your Rights

Facing Deportation — Your Rights and Your Options

Removal (deportation) is the government's process of forcing a non-citizen to leave the United States. If you or a family member has received a Notice to Appear in immigration court, has been detained by ICE, or has been told you will be deported, you have legal rights — and the actions you take in the first hours and days can determine whether you stay in the United States.

Your Constitutional Rights

Your Rights Regardless of Immigration Status

The U.S. Constitution protects everyone present in the United States, regardless of citizenship or immigration status. These rights apply to undocumented immigrants, visa holders, green card holders, and DACA recipients alike.

The Right to Remain Silent — Fifth Amendment

You have the right to remain silent. You do not have to answer questions from ICE officers about your immigration status, where you were born, how you entered the country, or where your family members are. You can say: "I am exercising my right to remain silent. I would like to speak with a lawyer." Say this clearly and then stop talking.

Anything you say to an ICE officer can be used against you in immigration court. Many people have been deported because they answered questions they were not required to answer.

The Right to an Attorney

You have the right to speak with an attorney before answering questions and to have an attorney present during questioning. However — and this is a critical difference from the criminal justice system — you do not have a right to a government-appointed attorney in immigration proceedings. The government will not provide one for you. You must find and pay for your own attorney, or find a free legal aid organization that handles immigration cases.

The Right Against Unreasonable Search and Seizure — Fourth Amendment

ICE does not have the right to enter your home without a judicial warrant — a warrant signed by a judge. An ICE administrative warrant (Form I-200 or Form I-205) is not a judicial warrant and does not give ICE the right to enter your home. You can tell an ICE officer through a closed door: "Do you have a judicial warrant? I do not consent to entry without a judicial warrant." If ICE has a judicial warrant, it will name the person to be arrested and be signed by a federal judge.

How Removal Proceedings Work

The Removal Process — From Notice to Appear to Final Order

• 1

  Notice to Appear (NTA) — Form I-862

  Removal proceedings begin when the government serves you with a Notice to Appear listing the charges against you. The NTA tells you that the government believes you are removable from the United States and gives you a date and time to appear in immigration court. Keep the NTA — it is a critical document. Missing your immigration court date results in an automatic order of removal in your absence (an "in absentia" removal order).

• 2

  Initial master calendar hearing

  At your first immigration court appearance (master calendar hearing), you will be asked to admit or deny the charges in the NTA and to designate a country of removal. An immigration judge will set your case schedule. This is not the final hearing — it is a scheduling and procedural hearing. Having an attorney at this stage is critical.

• 3

  Bond hearing (if detained)

  If you have been detained by ICE, you may be eligible for a bond hearing before an immigration judge. The judge can set a bond that, if paid, allows you to be released while your case proceeds. Not everyone is eligible for bond — certain criminal convictions can make you subject to mandatory detention without the possibility of bond. A bond determination is one of the most time-sensitive matters in immigration law.

• 4

  Individual merits hearing

  At the individual merits hearing, the government presents evidence that you are removable, and you have the opportunity to present defenses and relief. This is the most important hearing in the case — it is essentially your trial. Both sides can call witnesses and submit evidence. Having an attorney represent you at this hearing dramatically improves your chances of relief.

• 5

  Appeal to the Board of Immigration Appeals (BIA)

  If the immigration judge rules against you, you have 30 days to appeal to the Board of Immigration Appeals. If the BIA rules against you, you can appeal to the federal circuit court of appeals. These appeals extend the process by years but do not automatically stay removal — you may need to request a stay of removal separately.

Possible Defenses and Relief

Defenses Available in Removal Proceedings

Being in removal proceedings does not mean you will be deported. Immigration law provides multiple forms of relief that an immigration judge can grant. The availability of each defense depends on your individual immigration history, family ties, criminal history, and length of time in the United States.

Cancellation of Removal

For non-permanent residents: If you have been continuously present in the United States for 10 or more years, have good moral character, and can show that your removal would cause "exceptional and extremely unusual hardship" to a U.S. citizen or permanent resident spouse, parent, or child, you may qualify for cancellation of removal. This is a high standard but is one of the most common forms of relief for long-term undocumented residents. For permanent residents: A lower standard of 7 years of residence applies.

Asylum

If you have been persecuted or have a well-founded fear of persecution in your home country based on race, religion, nationality, political opinion, or membership in a particular social group, you may be eligible for asylum. You must apply for asylum within one year of arriving in the United States (with narrow exceptions). Asylum can be applied for defensively in removal proceedings even if you did not apply affirmatively when you arrived.

Adjustment of Status in Proceedings

If you become eligible for a green card while in removal proceedings — for example, if you marry a U.S. citizen or a family member's petition becomes current — you may be able to apply for adjustment of status before the immigration judge.

Voluntary Departure

Voluntary departure allows you to leave the United States at your own expense within a specified time period, rather than being formally deported. Voluntary departure can avoid some of the most serious bars to future immigration that come with a formal order of removal. However, failing to leave by the voluntary departure deadline results in a 10-year bar.

Other Forms of Relief

• Withholding of removal (similar to asylum but harder to get; applies when asylum time bar has passed)
• Convention Against Torture (CAT) protection for people who would be tortured by or with government acquiescence if returned
• Special Immigrant Juvenile Status (for children abused, neglected, or abandoned by a parent)
• VAWA (Violence Against Women Act) self-petition for victims of domestic violence by a U.S. citizen or LPR spouse
• U visa (for victims of certain crimes who cooperate with law enforcement)

Getting Legal Help in Florida

Finding an immigration attorney in Florida is critical in removal proceedings. Unlike criminal cases, the government does not provide an attorney if you cannot afford one. However, several organizations in Florida provide free or low-cost immigration legal help:

• Florida Immigrant Coalition (FLIC): Statewide advocacy and legal assistance referrals — floridaimmigrantcoalition.org
• American Immigration Lawyers Association (AILA) Florida: Referrals to immigration attorneys — aila.org
• Legal Aid organizations: Several Florida legal aid programs serve immigration clients; eligibility based on income
• Law school immigration clinics: University of Miami, FIU, UF, and FSU operate immigration clinics providing free representation
• USCIS list of recognized organizations and accredited representatives: Free or low-cost help from EOIR-accredited representatives — check the DOJ list at justice.gov