Guide · Immigration

Naturalization and Citizenship: A Comprehensive Guide to Eligibility, Good Moral Character, and the Interview

8 U.S.C. § 1401

Type
Guide
Jurisdiction
National
Date
2025-02-21
Topic
Immigration

This guide is a working reference to naturalization and citizenship for applicants, advocates, and counsel. It begins with the pre-filing screen, because applying opens the entire immigration history to review and some applicants should wait or not apply at all. Eligibility chapters treat each requirement separately, with detailed treatment of the distinction between continuous residence and physical presence, the absence presumptions and how they are rebutted, and the preservation-of-residence application that must be filed before an absence reaches a year. Good moral character receives extended treatment, including the permanent and conditional bars and the discretionary residual category, along with the tax, selective service, and support issues that surface at interviews. Testing chapters cover the English and civics requirements and the age, residence, and medical disability exemptions that are chronically unclaimed. Separate chapters address spouses of citizens, military provisions, and derivative citizenship for people who are already citizens. Procedural chapters cover the interview, denial, the administrative hearing, judicial review, and the delay remedy.

Naturalization and Citizenship: A Comprehensive Guide to Eligibility, Good Moral Character, and the Interview

Immigration > Naturalization and Citizenship | Published 21 February 2025 - Updated 14 August 2026 | UpLaw - uplaw.us

Orientation. Chapter 1 is the pre-filing screen and belongs before everything else. Chapters 2–6 cover eligibility. Chapters 7–9 cover testing, spouses, and military. Chapter 10 covers derivative citizenship. Chapters 11–14 cover the interview, denial, review, and denaturalization. Chapter 15 is reference.

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