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The law states that in order to file a naturalization application, the applicant must be a  LPR (lawful permanent resident - i.e., green card holder - exception if served in war for the U.S.), 18 years or older (unless military involvement).

One must reside continuously for 5 years, subsequent to LPR status. If married to U.S. citizen (USC), the residency requirement is only 3 years but there are several conditions to the latter 3 year rule (e.g. parties must have been married for at least 3 years, no legal separation etc.).

The person must reside in the state in which the petition is filed for at least 3 months, must be physically present in the U.S. for at least one half of the 5 years (or one half of the 3 years in case where spouse is USC).

Applicant must not be absent from the U.S. for a continuous period of more than 1 year during the period for which continuous residence is required.

An absence of more than 6 months but less than 1 year establishes the presumption of not satisfying the continuity of residence which can be rebutted. If the person has broken continuity of residence, s/he may reapply 4 years and 1 day following the date of her or his return to the U.S. to resume residency. The spouse of USC needs 2 years and 1 day.

One who has been lawfully admitted as permanent resident will be asked to produce the Alien Registration Receipt Card (Green Card), as proof of status. An applicant must show that s/he has been a person of good moral character.

FILING FOR U.S. CITIZENSHIP

Filing for U.S. citizenship requires completion of Form N-400. Some INS offices may require Biographical Information Form G-325. In addition to the filing fees, the applicant needs to submit two INS-style photographs and (generally) a copy of the Permanent Resident card / green card (Form I-551). Depending upon the location of filing, the period of time between filing the application and the interview varies anywhere from 5 months to more than 2 years! The swearing-in ceremony for receiving the Naturalization certificate will take place from 1 to 180 days after the interview, though in a few INS district offices it may take another 1 or 2 years. This is dependant upon the backlog of the INS offices in different states.

INS promises to reduce the backlogs.  We saw some improvement in several locations during 1999, and hope that trend continues to spread nationwide.