How to Become a Naturalized Citizen: A Comprehensive Overview

By: Jarbath Peña Law Group

Becoming a U.S. citizen through naturalization is one of the most important milestones in your immigration journey. It offers new legal rights, greater stability, and protections that permanent residency alone does not provide. While the process can feel lengthy, and at times overwhelming, the end result—citizenship—makes the effort worthwhile.

In this blog, we’ll explore the steps required to become a naturalized citizen, the eligibility requirements, and the different rules that apply to military applicants. We’ll also explain what continuous residence and physical presence mean, why good moral character is so important, and how to avoid pitfalls that could jeopardize your application.

At Jarbath Peña Law Group, we understand how significant this step is for individuals and families. As a trusted immigration law firm in Florida, we’ve helped countless clients navigate the path to citizenship, and we are here to help you, too.

Steps to Becoming a Naturalized Citizen

For most people, naturalization is the final step after years of living in the United States as a lawful permanent resident (LPR). The process generally includes:

1. Obtaining a green card (lawful permanent residency);

2. Maintaining legal status for the required number of years;

3. Meeting continuous residence requirements in the U.S.;

4. Spending the required number of days physically present in the country;

5. Submitting an Application for Naturalization, along with supporting documents to USCIS;

6. Passing an interview, English test, and civics exam; and

7. Taking the Oath of Allegiance.

   
   

Although this may seem like a lot, each step builds toward the final goal of citizenship. For military applicants, some of these requirements may be waived or shortened.

Naturalization Requirements

To qualify for naturalization, you must meet several core requirements. In most cases, applicants must:

●      Be a lawful permanent resident;

●      Have continuously resided in the U.S. for at least five years, and in the state of application for at least three months;

●      Have been physically present in the U.S. for at least 30 months during that five-year period; and

●      Prove good moral character (GMC).

These requirements ensure that applicants are rooted in the United States and demonstrate reliability and integrity.

Naturalization Through Marriage

If you are married to a U.S. citizen, the timeline shortens. Instead of waiting five years, you may apply after three years of lawful permanent residence, provided you:

●      Lived continuously in the U.S. for three years,

●      Spent at least 18 months physically present during that time, and

●      Lived with your spouse in a valid marital union for three or more years.

This option is often ideal for individuals who are committed to building their lives and families in the U.S. with their citizen spouse. A Miami naturalization lawyer can confirm whether you meet the requirements.

Military Applicants

Service in the U.S. Armed Forces creates a unique path to citizenship, often with fewer requirements.

Active Hostilities

Since September 11, 2001, the U.S. has been considered to be in a period of active hostilities. During this time, service members may apply for naturalization without meeting the physical presence or continuous residence requirements. They also do not need to hold a green card if they enlisted while physically present in the U.S., its territories, or on a U.S. vessel. Applicants must, however, demonstrate good moral character for at least one year.

Peacetime Service

If you served honorably for at least one year during peacetime, you are also exempt from the physical presence and continuous residence requirements. To benefit, you must apply while serving or within six months of discharge. If you wait longer, you will need to satisfy the standard five-year residency timeline.

For service members and veterans, naturalization is a meaningful acknowledgment of their commitment to the United States. Florida immigration attorney, Melisa Peña, can help you file correctly and take advantage of these special provisions.

Green Card

Having a green card is the foundation for most naturalization cases. There are several ways you can qualify for permanent residency, including:

●      Close family relationships with U.S. citizens (such as parents, children, or spouses);

●      Certain types of employment-based opportunities;

●      Refugee or asylee status;

●      Protection as a victim of trafficking, domestic violence, or other qualifying crimes; and

●      Special immigration programs.

This is not an exhaustive list, but it shows that there are multiple pathways toward permanent residency. Even when you qualify, the process can be complicated, requiring detailed documentation and strict adherence to immigration laws. Working with a citizenship attorney in Miami can help you avoid errors that may delay or derail your case.

Continuous Residence

Continuous residence means more than simply holding a green card. You must live in the United States for a certain number of years before applying for citizenship. Extended absences abroad may interrupt this requirement.

●      Six months to one year abroad. If you leave the U.S. for more than six months but less than a year, USCIS presumes your continuous residence was interrupted. You can, however, present evidence such as U.S. employment, tax filings, or proof of family ties to show that you never abandoned your residency. This is not a guarantee, therefore we recommend that your trips abroad are less than six months.

●      One year or more abroad. If you remain outside the U.S. for a year or longer, your continuous residence is automatically broken. The only exceptions apply to individuals who left for specific work assignments abroad and who received prior approval from USCIS. Without this approval, your “residency clock” resets.

These rules highlight the importance of planning international travel carefully if you intend to pursue naturalization.

Physical Presence

In addition to continuous residence, you must show that you were physically present in the U.S. for a required number of days. Unlike continuous residence, short trips abroad do not typically cause problems as long as your total days inside the U.S. meet the legal threshold. This requirement ensures that applicants have truly lived in the country and integrated into daily life here. For example, in a 5-year case, you must have been physically present in the U.S. for at least 30 months (that’s 913 days) out of the last 5 years. Alternatively, for a 3-year case (spouse of U.S. citizen), you must have been physically present in the U.S. for at least 18 months (that’s 548 days) out of the last 3 years. As stated above, even if you have the aggregate number of days/months, the clock will automatically reset if you have been out of the country too long.

Good Moral Character

USCIS also looks at your character when deciding whether to grant citizenship. Good moral character (GMC) is evaluated through your conduct and history. Officers may look back at your life for the statutory period of three to five years or further.

Factors considered include:

●      Criminal history,

●      Family obligations and support,

●      Honesty and credibility, and

●      Compliance with immigration, tax, and other laws.

These factors ensure that citizenship is granted to individuals who are trustworthy and who uphold the responsibilities that come with being American.

Temporary Bars to Good Moral Character (GMC)

Certain actions can temporarily prevent you from qualifying for U.S. citizenship. These may include committing some minor crimes, neglecting to support your dependents, or failing to pay taxes. The good news is that these issues do not necessarily bar you forever. Once you take corrective action and enough time has passed, you may still be able to establish the good moral character required for naturalization. For example, if you previously failed to provide child or spousal support, resuming and maintaining consistent support can help reset the timeline for demonstrating good moral character

Permanent Bars to GMC

Other immoral actions can create permanent barriers to naturalization. These include more serious crimes, such as murder, aggravated felonies, and crimes against humanity such as torture, persecution, or genocide. Aggravated felonies include serious offenses like rape, trafficking in drugs or firearms, and large-scale fraud.

Because these consequences are severe, anyone facing criminal charges should consult with both a criminal defense attorney and an immigration lawyer before proceeding with naturalization.

Get Help with Naturalization

The naturalization process can be overwhelming, with multiple steps, strict requirements, and the possibility of delays if mistakes occur. But you don’t have to navigate it alone.

At the Jarbath Peña Law Group, we help clients in Miami and throughout Southern Florida successfully apply for U.S. citizenship. Whether you are just starting with a green card, applying through marriage, or exploring military-based eligibility, our experienced team is here to guide you every step of the way.

Contact us today to speak with a Miami naturalization lawyer and take the next step toward becoming a U.S. citizen.

Helpful Resources:

●      USCIS: Citizenship Resource Center

●      USCIS: Naturalization Eligibility Tool