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What are the three and ten year bars?

Beginning on April 1, 1997, immigration law has imposed penalties for immigrants who are here in “unlawful presence” for more than 180 days. Immigrants who have stayed more than 180 days but less than one year beyond the period granted by the immigration authorities or after they entered without authorization from the immigration authorities and who then depart the US before the immigration authorities start removal proceedings against them will be penalized by being barred from re-entering the US for three years from the date they departed the US. Unlawful presence in the US of one year or more will result in a bar of 10 years if an immigrant leaves and attempts to return. Days or years without documents accumulated before April 1, 1997 will not be counted against the immigrant. Remember, for this bar to be triggered, the immigrant has to LEAVE the U.S.  For more information, you can download the document provided below (versions have been made available in English, Spanish and French)

Downloads:  English .pdf  |  Spanish .pdf   |   French .pdf

Naturalization Questions & Answers

What are the requirements for applying for naturalization to become a U.S. citizen? (Note: The information contained in this fact sheet is not legal advice. Please consult an immigration attorney for specific information related to your case. )

To be eligible to apply for naturalization, you must satisfy the following requirements:

(1) Age. You must be 18 years of age or older to be eligible to apply for naturalization.

(2) Time as Lawful Permanent Resident (LPR). In most cases, applicants must be an LPR for at least five years. In the case of persons who are married to and living in marital union with U.S. citizens for at least three years, those applicants only need to be LPRs for three years before they become eligible to apply for naturalization.

(3) Continuous Residence. This means that you did not leave the U.S. for more than six months on any single trip abroad. If you left the U.S. for more than six months but less than one year, however, you have interrupted your continuous residence unless you can prove that you continued to live, work, and keep ties to the U.S. In almost all cases, if you leave the U.S. for one year or more, you have interrupted your continuous residence (and also may have abandoned your LPR status).

(4) Physical Presence in the U.S. This refers to the total number of days you have spent inside the U.S. during your time as an LPR. Persons applying for naturalization based on five years of LPR status have to prove physical presence in the U.S. for at least half of the five years (30 months). Persons applying for naturalization based on three years of LPR status have to prove physical presence in the U.S. for at least half of the three years (18 months).

(5) Time in District or State. Most people must live in the district or state in which they are applying for at least three months before applying for naturalization.

(6) English and Civics Knowledge. You must show that you can read, write, and speak basic English and that you have a basic knowledge of U.S. history and government. Some applicants, because of age or disability, may be exempt from some or all of the English and civics requirements (see Questions 2 and 3).

(7) Good Moral Character. To be eligible for naturalization, you must be a person of good moral character. Committing certain crimes and lying to gain an immigration benefit are examples of conduct that would show a lack of good moral character.

(8) Attachment to the Constitution. By taking the Oath of Allegiance, you declare that you are willing to support and defend the U.S. and the Constitution.

For more information, you can download the document provided below.  Versions have been made available in English, Spanish and French.

Downloads:  English .pdf  |  Spanish .pdf   |   French .pdf

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