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Parviz Malakouti-Fitzgerald, Esq.

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Writer's pictureParviz Malakouti-Fitzgerald, Esq.

U.S. Naturalization Time Limits - Cheat Sheet

A cheat sheet of statutory deadlines for mobility advocates, by Parviz Malakouti-Fitzgerald, Esq.


This list of time limits is not comprehensive.


Continuous Residence


  • Rebuttable presumption of broken continuous residence - 6 months to one year of continuous absence from the U.S. [Source: INA 316(b)]

  • Automatic break of continuous residence - More than one year of continuous absence from the U.S. [Source: INA 316(b)]

  • Continuous residence can be broken by absence(s) of less than six months [Source: INA 316(a(2))]

  • 4 year 1 day rule [Source: 8 CFR 316.5(c)(1)(ii)]

  • 2 years 1 day rule [Source: 8 CFR 316.5(c)(1)(ii)]


Initial Eligibility


  • Minimum period of 3 months residency in district in which the applicant is filing naturalization application [Source: INA 316(a(1))]

  • Minimum period of continuous residence as a legal permanent resident - 5 years [Source: INA 316(a(1))]

  • Minimum period of continuous residence as a legal permanent resident if married to a U.S. citizen - 3 years [Source: INA 319(a), 8 CFR 319.1(a)(3)]

  • Good moral character “lookback” period - 5 years [Source: INA 316(a(3))]

  • Early filing - naturalization applicant may be filed up to 90 days before required period of continuous residence [Source: 8 CFR 334.2(b)]


Adjudication Delays & Denials


  • Deadline for an applicant to file an N-336 after a naturalization application denial - 30 days [Source: 8 CFR 336.2(a)]

  • Deadline for an applicant to file a petition for review in federal district court after a naturalization denial - 120 days [Source: 8 CFR 336.9(b)]

  • Maximum period of review USCIS has before Applicant may request a hearing in federal district court - 120 days [Sources: 8 USC 1447(b), 8 CFR 336.1(a)]

  • Maximum period USCIS has to schedule a hearing after filing of N-336 - 180 days [Source: 8 CFR 336.2(b)]


Physical Presence





This page is not legal advice and there is no guarantee this information is up to date. If you need legal advice, you should contact a qualified lawyer.

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