Generally, you must be a permanent resident or U.S. national to file Form N-400, Application for Naturalization.

Permanent Resident
A permanent resident (green card holder) is someone who has been granted authorization to live and work in the United States on a permanent basis. If you are a lawful permanent resident or a conditional permanent resident you may select this option.

U.S. National
All U.S. citizens are U.S. nationals, but there are some U.S. nationals who are not U.S. citizens. Specifically, individuals born in American Samoa or Swains Island are U.S. nationals who generally may apply for U.S. citizenship through naturalization.

Source : USCIS

USCIS prefers that naturalization applicants have a valid, unexpired green card in their possession. However, many applicants with a lost, stolen or mutilated green card have successfully filed Form N-400. If you do not have a green card in your possession, you may proceed, but F4 India cannot guarantee that USCIS will accept your application.

During the several months it takes to naturalize, it is necessary to have proof of permanent residence (i.e. green card) for several other purposes such as:

• Verifying your right to work in the U.S.

• Reentering the U.S. after travel abroad

• Qualifying for a home loan

• Renewing a driver’s license (in some states)

Once you become a U.S. citizen, your U.S. passport can satisfy all of the above requirements. Because the naturalization process may take up to a year (and occasionally longer), you may consider renewing your green card as well. However, this is your decision.

Source : USCIS

There are several factors that determine your eligibility to file Form N-400, Application for Naturalization. One of the requirements is based on your time as a permanent resident (green card holder). Most N-400 applicants fall into one of two categories:

• Have been a U.S. permanent resident for at least 5 years

• Have been a U.S. permanent resident for at least 3 years plus

  • Have been married to and living with the same U.S. citizen spouse for the last 3 years; and
  • Your spouse has been a U.S. citizen for the last 3 years at the time of filing this application.

In both of these situations, the applicant is allowed to file Form N-400 up to 90 days before the actual permanent residence anniversary. For example, a candidate that obtained permanent residence on 1/1/2000 meets the 5 year requirement on 10/2/2004.

Source : USCIS

For the selected basis of eligibility, the applicant must have been continuously residing in the United States for the past 5 years. This means that the applicant must have maintained a permanent dwelling place in the United States. Although it’s acceptable to take trips outside the United States, the applicant’s intent must be to always return to the U.S. because it is a primary home.

An absence from the U.S. of more than 6 months but less than 1 year during the period for which continuous residence is required is presumed to disrupt the continuous residence requirement. An absence of 1 year or more will disrupt the continuous residence requirement.

Exceptions

There are provisions for certain types of employment that will not break the continuous residence requirement. You may be able to count your time abroad just like time spent in the United States if you were engaged in one of the following types of employment:

• You served on a vessel operated by the United States or vessel registered in the U.S. and owned by U.S. citizens or a U.S. corporation; or

• You are an employee or an individual under contract to the U.S. government (including the U.S. military); or

• You are a person who performs ministerial or priestly functions for a religious denomination or an interdenominational organization with a valid presence in the United States; or

• You are employed by one of the following:

  • An American institution of research recognized by the Attorney General ; or
  • An American-owned firm or corporation engaged in the development of foreign trade and commerce for the United States; or
  • A public international organization of which the United States is a Member by law or treaty (if the employment began after you became a permanent resident).

You may keep your continuous residence if you have had at least 1 year of unbroken continuous residence since becoming a permanent resident and obtain an approved Form N-470 (Application to Preserve Residence for Naturalization Purposes) at the time of filing the N-400 application.

If the above exceptions do not apply to you and you have taken any trips outside the U.S. that lasted 6 months or more over the last 5 years, F4 India encourages you to speak to an immigration attorney before filing Form N-400.

Source : USCIS

• Learn more about Continuous Residence

For the selected basis of eligibility, the applicant must have been continuously residing in the United States for the past 5 years. This means that the applicant must have maintained a permanent dwelling place in the United States. Although it’s acceptable to take trips outside the United States, the applicant’s intent must be to always return to the U.S. because it is a primary home.

An absence from the U.S. of more than 6 months but less than 1 year during the period for which continuous residence is required is presumed to disrupt the continuous residence requirement. An absence of 1 year or more will disrupt the continuous residence requirement.

Exceptions

There are provisions for certain types of employment that will not break the continuous residence requirement. You may be able to count your time abroad just like time spent in the United States if you were engaged in one of the following types of employment:

• You served on a vessel operated by the United States or vessel registered in the U.S. and owned by U.S. citizens or a U.S. corporation; or

• You are an employee or an individual under contract to the U.S. government (including the U.S. military); or

• You are a person who performs ministerial or priestly functions for a religious denomination or an interdenominational organization with a valid presence in the United States; or

• You are employed by one of the following:

  • An American institution of research recognized by the Attorney General ; or
  • An American-owned firm or corporation engaged in the development of foreign trade and commerce for the United States; or
  • A public international organization of which the United States is a Member by law or treaty (if the employment began after you became a permanent resident).

You may keep your continuous residence if you have had at least 1 year of unbroken continuous residence since becoming a permanent resident and obtain an approved Form N-470 (Application to Preserve Residence for Naturalization Purposes) at the time of filing the N-400 application.

If the above exceptions do not apply to you and you have taken any trips outside the U.S. that lasted 6 months or more over the last 5 years, F4 India encourages you to speak to an immigration attorney before filing Form N-400.

Source : USCIS

• Learn more about Continuous Residence

An applicant for naturalization is generally required to have been physically present in the United States for at least half the time for which his or her continuous residence is required.

Based on your five years of continuous residence, it’s necessary that you have been physically present in the United States for at least 30 months out of the past five years. Unless you have traveled extensively, most people meet this requirement.

If you have taken any trips outside the U.S., each full day that you are absent counts against your physical presence. If you spent more than 912 days (30 months) outside the U.S., you most likely do not meet the physical presence requirement.

If you spent time abroad working for the U.S. government, a recognized American institution of research or a recognized public international organization, or other qualifying employer, you may count this as time spent in the U.S. However, it’s necessary to have an approved Form N-470.

Source : USCIS

• Learn more about Physical Presence

If you have an approved Form N-470 (Application to Preserve Residence for Naturalization Purposes), qualified absences of one year or more to engage in qualifying employment abroad may not break your residence continuity.

Certain applicants may seek to preserve their residence for an absence of one year or more to engage in qualifying employment abroad. Generally eligible applicants are U.S. government employees, contractors, or employees of other specified organizations. Such applicants must file a Form N-470 in accordance with the form instructions.

Spouse and Children

The applicant’s spouse and dependent unmarried sons and daughters are also entitled to such benefits during the period when they were residing abroad as dependent members of the principal applicant’s household. The application’s approval notice will include the applicant and any dependent family members who were also granted the benefit.

Physical Presence

The approval of an application to preserve residence does not relieve an applicant (or any family members) from any applicable required period of physical presence, unless the applicant was employed by, or under contract with, the U.S. government.

Source : USCIS

If you have a break in your continuity of residence, it’s not necessary to accrue another five years of continuous residence before applying for naturalization. An applicant who is required to establish continuous residence for at least five years may apply for naturalization four years and one day after returning to the United States to resume permanent residence. An applicant who is subject to the three-year continuous residence requirement may apply two years and one day after returning to the United States to resume permanent residence. This is known as the “four years and one day” rule and is described in 8 CFR §316.5(c)(1)(ii).

Source : USCIS

An applicant for naturalization is generally required to have been physically present in the United States for at least half the time for which his or her continuous residence is required.

Based on your three (3) years of continuous residence, it’s necessary that you have been physically present in the United States for at least 18 months out of the past five years. Unless you have traveled extensively, most people meet this requirement.

If you have taken any trips outside the U.S., each full day that you are absent counts against your physical presence. If you spent more than 547 days (18 months) outside the U.S., you most likely do not meet the physical presence requirement.

Source : USCIS

• Learn more about Physical Presence

For the selected basis of eligibility, the applicant must have been continuously residing in the United States for the past 3 years. This means that the applicant must have maintained a permanent dwelling place in the United States. Although it’s acceptable to take trips outside the United States, the applicant’s intent must be to always return to the U.S. because it is a primary home.

An absence from the U.S. of more than 6 months but less than 1 year during the period for which continuous residence is required is presumed to disrupt the continuous residence requirement. An absence of 1 year or more will certainly disrupt the continuous residence requirement.

If you have been outside the United States for a period of more than six months, F4 India encourages you to speak to an immigration attorney before filing Form N-400.

Source : USCIS