The “Five Years Permanent Residence Rule” Explained

Noncitizens not born in the United States can only become U.S. citizens if they undergo the process called “naturalization.” In this process, a noncitizen should first become a Lawful Permanent Resident (LPR) for at least five years before they can file their application. The “five-year rule” is always a crucial element for naturalization. Here are essential things to know:

Five Years Calculation

Noncitizens may only submit their application for naturalization when they fulfilled the five-year minimum stay set by law. The counting of five years is done exactly to the day. For example, if an applicant acquired permanent residency on May 21, 2017, they may apply for naturalization as soon as May 21, 2022.

Besides LPRs, immigrants with Conditional Permanent Residency (CPR) can also apply for naturalization. It usually happens to applicants with marriage-based visas. Instead of five years, they are only required to fulfill three (3) years of residency in the United States. The counting begins from the date of CPR issuance.

General Requirements

General Requirements Besides the five-year residency requirement, applicants should also fulfill the following conditions:

  • At least 18 years old upon filing the application;
  • Be a lawful permanent resident for the past three or five years (depending on which naturalization category you are applying under);
  • Continuously reside and maintain a physical presence in the United States;
  • Ability to read, write, and speak basic-level English;
  • Demonstrate good moral character;
  • Exhibit knowledge and understanding of U.S. history and government;
  • Exhibit one’s loyalty to the US Constitution and its precepts; and
  • Take the Oath of Allegiance

Do Not Miss Any Rule

Besides the “five-year rule,” there are other policies and regulations that immigrants should observe when processing for naturalization or permanent residency. As a non-expert, understanding the legal resources on your own can be extremely challenging. Allow ALG Lawyers to simplify things for you! Clients trust our team of Los Angeles immigration lawyers for their proven credibility and excellence.

(Please note that this article does not create an Attorney-Client relationship between our law firm and the reader and is provided for informational purposes only. Information in this article does not apply to all readers. Readers should not rely on this information as legal advice and should seek specific counsel from a qualified attorney based on their individual circumstances. Thank you.)