Citizenship FAQ

1. How do I become a U.S. citizen?

To become a citizen, you must:

• Be a Green Card holder for at least five years, or have your Green Card for at least three years and be married to a U.S. citizen and living with that same spouse for those three years;
• Be age 18 or older at the time of filing the citizenship application;
• Have lived within your state for at least three months prior to the date of filing the application;
• Have continuous residence in the United States as a Green Card holder for at least five years or at least three years immediately preceding the date of filing the application;
• Be physically living in the United States for at least 30 months out of the five years or at least 18 months out of the three years immediately preceding the date of filing the application;
• Be able to read, write and speak English (with some exceptions), and have knowledge and an understanding of U.S. history and government;
• Have good moral character (i.e., pay taxes, support your dependents, have no convictions within the last five years and no pending criminal court action). and
• Be willing to take the full Oath of Allegiance to the United States.

2. What documents do I need to apply for U.S. citizenship?

To apply for citizenship, you will need:

• Permanent Resident Card (Green Card, valid or expired)
• All passports from the last five years
• State-issued driver’s license or ID
• Marriage certificate (if applicable)
• Divorce judgment for both you and your current spouse (if applicable)
• Spouse death certificate (if applicable)
• Court disposition (if you have ever been arrested, cited or detained)
• Current tax return transcript to determine if you may be eligible to apply for a fee waiver or fee reduction

Note: You must provide a notarized translation of any document that is not in English.

3. I have children, but they’re out of the country. Do I include them on my application?

Yes. All living or deceased children in or out of the country must be disclosed on your citizenship application or any immigration application requesting information about your family.

4. I had a prior marriage in my country. Do I include it on my application?

Yes. Any and all valid recorded marriages, including all customary marriages, must be included on your citizenship application. You must contact the local court or recording agency where you got married/divorced to obtain the marriage certificate (if you’re still married) or divorce certificate (if your marriage ended).

5. If my Green Card is expired, can I still apply for U.S. citizenship?

Yes. You may still apply for your citizenship with an expired Green Card. However, you are not allowed to travel out of the country until you have completed the citizenship process or have filed an application to renew your Green Card. You may then travel with the expired Green Card and a copy of the renewal receipt notice.

6. What is a “tax return transcript”?

A tax return transcript is a summary of your tax information. It is proof that you filed your taxes with the Internal Revenue Service (IRS) and the IRS has accepted your tax return. Based on your taxable household income, we can determine if you’re eligible for a reduced rate ($405 instead of $725 for the USCIS filing fee) or a fee waiver (free of charge).

7. How do I get my tax return transcript?

To request your tax return transcript from the IRS, call (800) 829-1040 or visit www.irs.gov/individuals/get-transcript.

8. I have been living in the United States for more than 30 years but recently got my Green Card. Can I take the language exam in my own language?

No. Only the following exceptions will allow you to take the test in a foreign language:

• You’re age 50 or older, and have been a lawful permanent resident for periods totaling at least 20 years at the time you file your N-400 application;
• You’re age 55 or older, and have been a lawful permanent resident for periods totaling at least 15 years at the time you file your N-400 application; or
• You’re age 65 or older and have been a lawful permanent resident for periods totaling at least 20 years at the time you file your N-400 application (you also qualify for a simplified version of the civics test).

9. Am I a U.S. citizen if I wasn’t born in the United States but one of my parents is a U.S. citizen?

It depends on when you were born.

1. You are a U.S. citizen if you were born on or after February 28, 1983, AND:

• At least one of your parents is a U.S. citizen by birth or naturalization.
• You were or are under the age of 18 and unmarried.
• If your parents were not married when you were born, either your mother must be a U.S. citizen or, if only your father is a U.S. citizen, you must have been legitimated by your father under the law of your or your father’s residence or country, and the legitimation must have taken place before you reached the age of 16.
• You are a lawful permanent resident.
• You resided or are residing in the legal and physical custody of your U.S. citizen parent.
• If you are adopted, you were adopted before the age of 16 and were or are in the legal custody of, and resided with, your adoptive U.S. citizen parent(s) for at least two years.

2. You are a U.S. citizen if you were born before February 28, 1983, AND:

• Both of your parents were naturalized before your 18th birthday or, if only one parent was naturalized 1) the other parent must be deceased; or 2) your parents must have been legally separated and your naturalizing parent must have had legal custody. If you were born out of wedlock it must be your mother who is naturalized.
• You resided permanently as a lawful permanent resident in the United States before your 18th birthday and were unmarried.
• If you are adopted: you were adopted before the age of 16; you were in the legal custody of, and resided with, your adoptive parent(s) in the United States at the time of their naturalization; and you were a lawful permanent resident.

Note: Stepchildren can never derive citizenship from a stepparent who is a U.S. citizen.