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.
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)]
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))]
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 USCIS has to schedule a hearing after filing of N-336 - 180 days [Source: 8 CFR 336.2(b)]
Minimum physical presence (in the U.S.) requirement - 913 days [Source: INA 316(a(1))]
Minimum physician presence (in the U.S.) requirement, when married to a U.S. citizen - 18 months [Source 8 CFR 319.1(a)(4)]
Definition of “day” outside of the United States for the purposes of physical presence requirement - 24 hours [Source: USCIS Policy Manual Volume 12, Part D, Chapter 4(A)]
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.