To make an application for US citizenship from outside the country, such as from the UK, it will be important to ensure this does not impact your ability to meet the stringent citizenship eligibility requirements. In particular, you must ensure that you meet the requirement for permanent and continuous residence and physical presence in the USA before making your application.

 

Continuous residence & physical presence in the US

 

Critical to any application for US citizenship is demonstrating you have properly maintained your Green Card status and continuous residence as a lawful permanent resident (LPR) for the relevant qualifying period of 5 years (or 3 years if married to a US citizen). During this period, you must have been present and living in the US, for at least 30 months out of the 5 years immediately prior to applying for naturalization.

You should also have been residing in the State or USCIS district in which you intend to apply, for a minimum of 3 months prior to applying for citizenship.

 

The effect of absences on citizenship eligibility

 

Periods of absence from the US may affect your continuous residence, and as such will need to be explained in your application. Where your absences exceed the general requirements, you may not be eligible to apply for citizenship and the clock would effectively be reset on your qualifying period.

For example, if you were absent from the US for a period of less than 6 months, continuous residence will not be deemed to have been disrupted.

However, if you had left the USA for between 6 and 12 months, you would have to prove that despite this absence, your continuity of residence was not disrupted.

The nature and type of evidence to support your continued residence will be determined by your specifica circumstances, but could include documents that evidence:

 

• Your continued employment in the US
• Your immediate family remained in the US during your absence
• You have retained ownership and access to your US home

 

This may include bank statements, tax returns, medical insurance documents.

 

Applying for US citizenship from the UK under Expeditious Naturalization

 

One potential exception to the residence rule is under ‘expeditious naturalization’. This applies to foreign spouses of US citizens who are working for an American-headquartered company abroad.

The applicant is exempt from the normal requirements of continuous residence as a lawful permanent resident and being physically present in the US for one half of that time. In other words, you will not be required to have three years of continuous residence and physical presence in the United States and you do not have to wait until you have been married for three years.

Where eligible, you may be able to file your application online from within the UK (or wherever the company is based outside the US) but you will need to appear in the US to attend an immigration interview, attend the Oath ceremony and to file your US passport application.

To apply for expeditious naturalization you need to demonstrate that you have good faith intent to reside in the United States with your US citizen spouse. You should establish that you will depart your current country of residence to join your citizen spouse within 30 to 34 days of naturalization.

Note that the term ‘expeditious’ refers to the residency requirement, and not the application process. is waived for spouses of certain government employees posted overseas. It does not mean that the process is expedited. Security and background investigations are still required for all applicants, which can take a period of months.

 

Additional eligibility requirements

 

In addition continuous residence, you will need to satisfy a number of other eligibility requirements for US citizenship.

You must be at least 18 years of age at the point you file Form N-400, the Application for Naturalisation.

You are required to have at least 6 months left before your current Green Card expires. If you do not, you should apply for a new Green Card. You may apply for naturalisation before your new card arrives, but you will need to send a copy of your I-90 form with your application.

You will need to demonstrate you are a person of good moral character, ie not have any criminal convictions, as well as showing an affiliation to the principles and ideals of the US Constitution. To demonstrate your affiliation means showing that you have been working and paying your taxes and have committed no criminal activity.

It is essential that you are able to demonstrate your ability to read, write and speak English and have a basic understanding of US history and government. To demonstrate your knowledge you will be required to sit the naturalization test.

 

US naturalization application process

 

Submitting your N-400 Form

 

You can file up to 90 days before the date of meeting the required 3 or 5-year period of continuous residence as an LPR.

You will need to file all your paperwork with the USCIS, including your completed, signed Form N-400, two passport style photos and documents that prove your eligibility for naturalisation. This will need to be done within the US unless you are a foreign spouse of a US citizen working for an American headquartered company abroad under expidited naturalization.

Supporting documents include:

 

• A photocopy of both sides of your Permanent Resident Card or
• A photocopy of your I-90 application if you have applied to replace your permanent resident card
• Payment of the application fee and biometric service fees
• If a solicitor is acting on your behalf you will need to send a completed original Form G-28
• If your legal name is different to the one on your Green Card you will need to send a copy of the document that legally changed your name, for example marriage certificate
• If applying on the basis of marriage to a US citizen send evidence that your spouse has been a US citizen for the last 3 years, for example their birth certificate or naturalisation documents, your current marriage certificate, including proof that any prior marriages are legally terminated.
• Tax returns, bank statements, lease or mortgage agreement

 

If your application is incomplete, USCIS may ask for additional information. This will cause delays in the processing time.

 

Submitting your biometric information

 

You will be given an appointment for notice once your application has been submitted. The notice will give you the date, time and location of your Application Service Centre, ASC, appointment.

It takes between 15-30 minutes. During your appointment you will have your fingerprints and photograph taken. It is necessary to be present in the US for this appointment, without exception.

 

US naturalization test & interview

 

The interview will be held at the office of U.S. Citizenship and Immigration Services (USCIS) that serves the region in which you live.

During your interview you will be asked to complete a naturalization & CIVICS test. You will need to complete an English test unless you are exempt. To be exempt, English will need to be your first language or you demonstrate good knowledge of the language during the interview.

There are 100 questions on the CIVICS test, you will be asked 10 of them. You must score a minimum of 6 correct to be granted a pass. It is highly advisable that you study for the test prior to taking it.

 

Attending the Oath ceremony

 

Taking the oath is the final step and will complete the process of becoming a US citizen. There are two types of ceremonies. A judicial ceremony takes place in court and the court administers the Oath of Allegiance. An administrative ceremony has USCIS minister the Oath.

You may be able to take your oath on the day of your interview, otherwise you will be sent a notification of when and where to attend. Once you arrive you will need to check in with a USCIS officer who will review your Form N-445, Notice of Naturalization Oath Ceremony. You should complete this before arriving.

You will be required to hand over your existing Permanent Residence Card. You will then take the oath and receive your certificate of naturalization.

Once you have received your Certificate of Naturalization, you may then apply for your US passport. It is recommended that you do this as soon as possible. You can also register to vote and update your social security records.

 

Need Assistance?

 

NNU Immigration are US nationality specialists. For expert guidance on applying to become a US citizen, contact us.

 

American Citizenship FAQs

 

What are the basic requirements to become a US citizen from the UK?

To become a US citizen, you must first have a Green Card, meet residency requirements, and pass the naturalization process which includes a background check, interview, and tests on English and US civics.

 

How long do I need to live in the US before applying for citizenship?

You typically need to live in the US as a permanent resident for at least 5 years before you can apply for citizenship. If you’re married to a US citizen, the requirement is 3 years.

 

Can I hold dual citizenship between the US and the UK?

Yes, the US and the UK both allow dual citizenship. However, it’s important to understand the legal and tax implications of holding citizenship in both countries.

 

What is the cost of applying for US citizenship?

As of now, the application fee for Form N-400 (Application for Naturalization) is $760, which includes the biometric services fee. Other costs may include legal fees, travel expenses, and obtaining necessary documents.

 

What happens if I fail the US citizenship test?

If you fail either the English or Civics test, you will have another opportunity to take the portion of the test that you failed. This will usually be scheduled within 60 to 90 days after your initial interview.

 

Do I need to give up my UK citizenship when I become a US citizen?

No, you do not need to give up your UK citizenship when you become a US citizen. Both countries allow you to hold dual citizenship.

 

How long does the entire naturalization process take?

The naturalization process can take anywhere from 8 months to over a year, depending on various factors such as application processing times, your location, and any additional requirements or complications.

 

Can I apply for US citizenship if I have a criminal record?

A criminal record doesn’t automatically disqualify you from becoming a US citizen, but it could complicate your application. It’s advisable to consult with an immigration attorney if you have any criminal history.

 

Is there an age limit for applying for US citizenship?

There is no maximum age limit for applying for US citizenship, but you must be at least 18 years old to apply through naturalization.

 

Do I need to hire an immigration attorney to apply for US citizenship?

While it’s not mandatory to hire an attorney, it can be very helpful, especially if your case is complex. An attorney can provide guidance, help with supporting documents, and represent you if any issues arise.

 

Glossary

 

Term	Definition
Green Card	An identification card that shows you are a lawful permanent resident of the US, allowing you to live and work permanently in the country.
Naturalization	The legal process through which a non-citizen can become a US citizen.
Form N-400	The application form used to apply for US citizenship through naturalization.
Biometrics	The process of collecting physical data, such as fingerprints, photographs, and signatures, for identification purposes during immigration.
Civics Test	A test covering US history, government, and symbols, which is required as part of the US citizenship application process.
Dual Citizenship	The status of being a citizen of two countries simultaneously, in this context, both the US and the UK.
Oath of Allegiance	A pledge taken during the naturalization ceremony, where the applicant swears loyalty to the US and renounces previous allegiances.
Residency Requirement	The amount of time an immigrant must live in the US as a permanent resident before being eligible to apply for citizenship.
Background Check	A review of an applicant’s criminal, immigration, and other relevant history as part of the US citizenship application process.
Permanent Resident	A person who has been granted the right to live and work in the US indefinitely, usually through obtaining a Green Card.
Interview	A required part of the naturalization process where an immigration officer assesses the applicant’s eligibility for US citizenship.
USCIS	United States Citizenship and Immigration Services, the government agency that oversees lawful immigration to the US.
Visa	An official endorsement on a passport indicating that the holder is allowed to enter, leave, or stay in the US for a specified period.
Tax Implications	The effects that holding dual citizenship or moving to the US may have on your tax responsibilities in both the US and the UK.
Application Fee	The cost required to submit Form N-400 and other related documents during the naturalization process.
Legal Fees	Costs associated with hiring an immigration attorney or other legal services related to the citizenship application process.