Immigration
Citizenship and naturalization in Florida
The civics test changed, and most of what is published still describes the old one
Naturalization is the process by which a permanent resident becomes a United States citizen. The requirements are continuous residence, physical presence, good moral character, English, and a knowledge of civics tested at the interview. The civics test changed for applications filed on or after October 20, 2025, and a great deal of the study material circulating still describes the version it replaced.
01 Quick answers
- How long must I have had the green card?
- Five years, or three if you are married to and living with the same United States citizen throughout. 8 U.S.C. § 1427 and § 1430.
- What is physical presence?
- You must have been physically in the United States for at least half of the qualifying period, which is separate from the residence requirement and counted separately.
- Which civics test applies to me?
- It depends on when you file the N-400. Filed before October 20, 2025: the 2008 test, 10 questions from 100, 6 to pass. Filed on or after: the 2025 test, 20 questions from 128, 12 to pass.
- Is there an exemption from English?
- Yes, based on age and years as a permanent resident, and there are disability accommodations. Which applies turns on specific thresholds worth checking against your own dates.
- Does a long trip abroad hurt?
- It can. An absence of six months or more can disrupt continuous residence, and an absence of a year or more generally breaks it outright.
- Can an old arrest matter?
- Yes. Good moral character is assessed over the statutory period and conduct outside it can still be considered, and some findings create permanent bars.
02 The requirements
Residence, presence, and the difference between them
8 U.S.C. § 1427 sets the baseline: five years as a permanent resident, with continuous residence throughout, physical presence for at least half that period, three months of residence in the state or district where you file, and good moral character.
Section 1430 shortens it to three years for someone who has been married to and living with the same United States citizen for that whole period, and whose spouse has been a citizen throughout. All three conditions have to hold for the entire time, which is where these applications most often fail.
Continuous residence and physical presence are two different tests and people routinely conflate them. Continuous residence is about whether you kept the United States as your home; a single absence of six months or more raises a presumption that you did not, and an absence of a year or more generally breaks it. Physical presence is pure arithmetic — days inside the country, added up.
Someone who travels frequently for work can satisfy physical presence and still have a continuous residence problem, or the reverse. Both get calculated from the travel history before the application is filed, not after a question at the interview.
Continuous residence and physical presence are different tests. Passing one says nothing about the other.
03 The test
Which civics test you take depends on when you filed
This is the part where current information matters most, because the test changed and the change is keyed to the filing date of the N-400.
Filed before October 20, 2025 — the 2008 test. Up to 10 questions drawn from a list of 100. Six correct answers pass; five wrong answers fail.
Filed on or after October 20, 2025 — the 2025 test. Twenty questions drawn from a list of 128. Twelve correct answers pass; nine wrong answers fail.
That is twice as many questions asked, from a longer list, with a higher number needed. Study material printed or posted before late 2025 describes the shorter version, and someone preparing from it is preparing for a test they will not sit.
There is also a special consideration for applicants aged 65 or over with twenty or more years as a permanent resident, who are asked 10 questions from a designated bank of 20. English and civics exemptions based on age and length of residence exist separately, as do disability accommodations.
04 Good moral character
What is examined, and why old records get pulled
Good moral character is assessed across the statutory period — five years, or three — but conduct before it can still be weighed, and certain findings bar it permanently regardless of when they occurred.
What comes up: arrests and convictions of any kind, including ones that were dismissed or sealed; failure to file tax returns or an unpaid liability without an arrangement; failure to register for Selective Service where it applied; child support arrears; and any prior misrepresentation to an immigration authority.
The risk that people do not anticipate is that an N-400 is a full review of the file. An application that raises a question about how residence was obtained in the first place can lead somewhere much worse than a denial. For most applicants this is not a concern at all; for a few it is decisive, and the way to know which is to have the history read before filing.
Certified dispositions are what matter, not what anyone remembers. They should be obtained and reviewed first, particularly for anything that happened in another state or long ago.
05 The process
From filing to the oath
The application is Form N-400, filed with supporting evidence and the filing fee, with a fee reduction or waiver available at defined income levels. Biometrics follow.
The interview covers the application itself, the English requirement — reading, writing and speaking, assessed partly through the ordinary conversation of the interview — and the civics questions. Bringing the file in order, and knowing what is in it, is most of the preparation.
If the civics or English portion is not passed, there is a second opportunity within a defined window rather than an immediate denial. After approval comes the oath of allegiance, and citizenship begins at the oath and not at the approval.
One thing worth planning for: a naturalized citizen can petition for relatives in categories closed to permanent residents, and can upgrade petitions already pending. For families with cases in the queue, the naturalization of the petitioner is frequently the single most valuable thing that happens to them.
06 The statutes
- 8 U.S.C. § 1427 Requirements for naturalization Five years of continuous residence, physical presence, state residence and good moral character.
- 8 U.S.C. § 1430 Married to a United States citizen The three-year route, and the conditions that must hold for the whole period.
- 8 U.S.C. § 1101(f) Good moral character The statutory definition, including the findings that bar it permanently.
- 8 U.S.C. § 1423 English and civics The knowledge requirements, and the exemptions based on age and residence.
Citizenship and naturalization questions, answered
I have been studying the 100 questions. Is that wrong?
It depends entirely on when your N-400 was filed. If it went in before October 20, 2025, the 2008 test with its 100 questions is yours and the study material is right.
If you are filing now, the 2025 test applies: 128 questions on the list, 20 asked, 12 needed to pass. Study material that does not mention 128 is out of date, and a lot of it is still circulating.
I spent eight months abroad caring for a relative. Is that a problem?
An absence of six months or more raises a presumption that continuous residence was broken, but it is rebuttable — evidence that the United States remained your home matters, such as maintaining a residence, employment, tax filings and family here.
An absence of a year or more is a different and much harder problem. Either way the travel history should be laid out before filing.
Should I fix my green card problem first?
If there is any question about how residence was granted, or about a prior filing, that should be examined before an N-400 goes in rather than after. The application reopens the whole file.
This is not a reason for most people to hesitate. It is a reason to have the history read once by someone who knows what raises a question.
Does an old DUI stop me?
Not automatically, and it depends on when it happened, what the disposition was and whether there is a pattern. Some offenses create a permanent bar and most do not. Pull the certified disposition and have it read before filing.
Can I keep my other citizenship?
The United States does not require you to renounce another nationality to naturalize. Whether your other country allows you to keep its citizenship is its decision and not one answered here — check with that country before the oath.
What does this cost?
Billed hourly, separately from the USCIS filing fee, which is paid to USCIS and for which a reduction or waiver is available at defined income levels. Payment plans are available. The rate is stated before anything is signed.
Consultations and attorney’s fees are billed hourly. Government filing fees and other third-party expenses are separate. Payment plans are available.
07 Keep reading
Talk to Jose A. Dapena about your citizenship and naturalization matter
You speak with the attorney who would handle the case, not an intake department. Practicing in Florida since 1998, Florida Bar number 152358.
Consultations and attorney’s fees are billed hourly. Government filing fees and other third-party expenses are separate. Payment plans are available.