Thinking About U.S. Citizenship? What Green Card Holders Need to Know Before Filing Form N-400 in 2026

Becoming a U.S. citizen is an important milestone for many lawful permanent residents. But becoming eligible to apply for naturalization involves more than simply having a green card for five years.

Before filing Form N-400, Application for Naturalization, applicants should carefully review their residence, travel history, criminal history, taxes, immigration history, and other eligibility requirements.

And in 2026, there are additional reasons to prepare carefully. USCIS implemented a new version of the naturalization civics test for applicants who filed their N-400 on or after October 20, 2025, and USCIS also updated its approach to evaluating good moral character in naturalization cases.

Who Can Apply for U.S. Citizenship?

Most people become U.S. citizens through a process called naturalization.

Generally, an applicant must:

• Be at least 18 years old;

• Be a lawful permanent resident;

• Meet the applicable continuous-residence requirement;

• Meet the physical-presence requirement;

• Have lived for at least three months in the state or USCIS district where they file;

• Demonstrate good moral character;

• Meet the English and civics requirements, unless an exception applies;

• Demonstrate an understanding of the principles of the U.S. Constitution; and

• Take the Oath of Allegiance.

The standard naturalization provision generally requires five years as a lawful permanent resident. Certain spouses of U.S. citizens may qualify under a three-year provision if they meet the specific requirements.

The 5-Year Rule vs. the 3-Year Rule

For many permanent residents, the starting point is the five-year rule.

However, some permanent residents who are married to U.S. citizens may be eligible to apply after three years as lawful permanent residents, rather than five.

The three-year provision has additional requirements, so being married to a U.S. citizen does not automatically make someone eligible for naturalization under the three-year rule.

Can You File Before Your Five Years Are Complete?

In many cases, yes.

USCIS generally permits eligible applicants to file Form N-400 up to 90 days before completing the required continuous-residence period.

However, early filing does not mean that the applicant can ignore the other naturalization requirements.

What Is the Naturalization Test Like in 2026?

This is one of the biggest recent changes applicants should know about.

USCIS implemented the 2025 Naturalization Civics Test for applicants who filed Form N-400 on or after October 20, 2025.

Under the 2025 version:

• The civics question bank contains 128 questions.

• The officer asks up to 20 questions.

• The applicant must answer at least 12 correctly to pass.

• The officer may stop once the applicant has passed or failed the civics portion.

• Applicants who qualify for the 65/20 special consideration study a smaller group of questions and have different testing requirements.

This is different from the 2008 test, under which applicants were generally asked up to 10 questions and needed six correct answers.

Why This Change Matters

Applicants should make sure they are studying from the correct USCIS materials for the test that applies to their case.

USCIS provides the official 2025 civics questions and answers, including information about answers that can change because of elections or appointments.

Good Moral Character: An Important Part of Your Application

Passing the citizenship test is only one part of naturalization.

Applicants must also demonstrate good moral character during the applicable statutory period and through naturalization.

This can become particularly important when an applicant has:

• An arrest or conviction;

• DUI or other criminal offenses;

• Unpaid taxes or tax problems;

• Child-support issues;

• False information in a previous immigration application;

• A history of immigration violations; or

• Other conduct that could raise questions about eligibility.

USCIS Recently Changed Its Approach

In August 2025, USCIS issued guidance directing officers to use a more rigorous, holistic approach when evaluating good moral character.

The guidance states that officers should consider positive attributes as well as potentially disqualifying conduct. Examples of positive factors identified by USCIS include community involvement, family responsibilities, education, lawful employment, length of lawful residence, and compliance with tax obligations.

This does not mean that positive factors automatically overcome criminal conduct or another statutory bar.

Instead, it means that the good-moral-character determination can involve a broader review of an applicant's circumstances.

For applicants with a complicated history, this is one reason why a careful pre-filing review can be valuable.

What About Criminal Records?

A criminal record does not necessarily mean that someone can never become a U.S. citizen.

However, applicants should not assume that an old or seemingly minor case is irrelevant.

USCIS recognizes both conditional and permanent bars to establishing good moral character. Some conduct may prevent naturalization for a specific period, while certain offenses can create permanent bars. Other conduct may still be relevant even when it does not fall within a specific statutory bar.

If you have ever been arrested, charged, convicted, or placed on probation, it is important to understand exactly what happened in the criminal case before submitting your N-400.

When Should You Consider Speaking With an Immigration Attorney?

Not every naturalization application is complicated.

But you may want to consider having your case reviewed before filing if you have:

• A criminal record or DUI;

• Long trips outside the United States;

• Unpaid or unfiled taxes;

• Child-support issues;

• Previous immigration violations;

• A complicated immigration history;

• Concerns about information provided in a previous application;

• Questions about whether you qualify under the three-year or five-year rule; or

• Questions about your eligibility for an English or civics exception.

A naturalization application requires you to provide detailed information about your history. Identifying potential issues before filing can be much better than discovering them after an application has already been submitted.

Ready to Find Out If You Qualify?

Becoming a U.S. citizen is a major step.

If you are a lawful permanent resident and are considering naturalization, the first step is understanding whether you meet the requirements and whether there are any issues in your history that should be addressed before filing.

Burchett Law, PLC can review your circumstances and help you understand your options for the naturalization process.

Contact our office to schedule a consultation and take the next step toward U.S. citizenship.

This article is provided for general informational purposes and does not constitute legal advice. Immigration laws and USCIS policies can change. Individual eligibility depends on the facts and circumstances of each case.