Demander la nationalité américaine après avoir été un resident permanent legal pendant au moins 5 ans
Denice Flores • October 10, 2024
Click here to read this article in English
Pour pouvoir prétendre à la naturalisation américaine en tant que résident permanent légal depuis au moins cinq ans, vous devez:
- Prouver que vous êtes un résident permanent légal des États-Unis depuis au moins cinq ans ;
- Démontrer que vous avez résidé de manière continue aux États-Unis pendant au moins cinq ans immédiatement avant de déposer votre demande de naturalisation ;
- Démontrer que vous avez été physiquement présent aux États-Unis pendant au moins 30 mois au cours des cinq années précédant immédiatement la demande de naturalisation ; et
- Réussir le test de naturalisation.
Le test de naturalisation comprend un test d'anglais et un test d'éducation civique.
Le demandeur doit montrer qu'il sait lire, écrire et parler un anglais de base. L'agent de l'USCIS chargé de l'entretien demandera au demandeur de lire une phrase en anglais et d'écrire une phrase en anglais. Si le demandeur démontre sa capacité à lire, écrire et parler l'anglais, il réussit cette partie du test.
L'épreuve d'éducation civique est une épreuve orale au cours de laquelle le demandeur doit répondre à des questions sur le gouvernement et l'histoire des États-Unis. L'agent de l'USCIS posera au demandeur jusqu'à 10 questions parmi les 100 questions du test d'éducation civique. Pour réussir cette partie du test, le demandeur doit répondre correctement à au moins 6 questions.
Si le candidat remplit toutes les conditions d'éligibilité et réussit le test de naturalisation, la dernière étape avant la naturalisation est d'assister à la cérémonie de prestation de serment pour devenir un citoyen américain naturalisé.
Si vous avez des questions ou si vous souhaitez obtenir plus d'informations sur votre éligibilité à la naturalisation, veuillez contacter notre bureau pour prendre rendez-vous avec nos avocats expérimentés en droit de l'immigration.
Ce blog n'est pas destiné à fournir des conseils juridiques et rien ici ne doit être interprété comme établissant une relation avocat-client. Veuillez prendre rendez-vous avec un avocat spécialisé en droit de l'immigration avant d'agir sur la base de toute information lue ici.
Denice Flores
This Facebook widget is no longer supported.
Similar Posts

To be eligible for U.S. naturalization based on being a lawful permanent resident for at least five years, you must: Prove you have been a lawful permanent resident of the U.S. for at least five years; Demonstrate continuous residence in the U.S. for at least five years immediately before applying for naturalization; Show you have been physically present in the U.S. for at least 30 months out of the five years immediately before applying for naturalization; and Pass the naturalization test. The naturalization test consists of the English and civics test. The applicant must show his/her ability to read, write, and speak basic English. The interviewing USCIS officer will ask the applicant to read a sentence in English and to write a sentence in English. If the applicant demonstrates his/her ability to read, write, and speak English, the applicant passes this portion of the test. The civics test is an oral test, and the applicant is asked questions about the American government and history. The USCIS officer will ask the applicant up to 10 questions from the list of 100 civics test questions. To pass this portion of the test, the applicant must answer at least 6 questions correctly. If the applicant satisfies all of the eligibility requirements and passes the naturalization test, the last step before naturalizing is to attend the oath ceremony to become a naturalized U.S. citizen. If you have any questions and would like more information about your eligibility for naturalization, please contact our office to schedule a consultation with our experienced immigration attorneys.

U.S. Citizenship and Immigration Services made changes to the naturalization application and the filing fee which became effective April 1, 2024. The naturalization application, Form N-400, was updated. The new form edition is dated 04/01/2024. As of June 3, 2024, USCIS will only accept the new form edition. The filing fee for Form N-400 also changed. The prior filing fee was $640.00 plus a biometric fee of $85.00, for a total of $725.00. The new filing fee became effective April 1, 2024, so all naturalization applications postmarked April 1, 2024, or later, must include the new appropriate filing fee. The new general fee if you file a paper application is $760.00, and if you file the application online the fee is $710.00.

In the landscape of U.S. immigration law, the pursuit of an employment-based green card can be a significant milestone for foreign nationals aspiring to establish their careers in the United States. Among the various pathways available, self-sponsorship for an employment-based green card stands out as an option that grants individuals the ability to sponsor their own immigration journey, offering a unique opportunity for skilled professionals and entrepreneurs. Traditionally, most employment-based green card categories require an employer to sponsor the foreign national, demonstrating the need for their skills or expertise. However, certain visa categories permit self-sponsorship, allowing individuals to petition for permanent residency without a specific employer's sponsorship. These include: 1. EB-1A Extraordinary Ability: Individuals with extraordinary abilities in the sciences, arts, education, business, or athletics may self-petition for an employment-based green card. They must demonstrate sustained national or international acclaim, providing extensive evidence of their achievements in their field. 2. EB-2 National Interest Waiver (NIW): This category enables individuals whose work is deemed to be in the interest of the United States to self-sponsor. Applicants must demonstrate their work's significance and how it benefits the nation as a whole. 3. EB-5 Immigrant Investor Program: Entrepreneurs investing in a new commercial enterprise that creates jobs for U.S. workers can self-petition for an employment-based green card. They must meet certain investment thresholds and fulfill job creation requirements. While these classifications have the advantage of allowing an individual to self-petition, each of these applications have distinct, stringent requirements to meet. This route can be challenging, requiring substantial evidence and a compelling case to prove extraordinary abilities or qualifications. Additionally, meeting the high standards set by USCIS for self-sponsorship can be demanding, necessitating thorough preparation and documentation. Navigating the complexities of immigration law, especially concerning self-sponsorship, often requires professional legal guidance. Seeking assistance from experienced immigration attorneys or consultants can significantly enhance the chances of a successful self-sponsored green card application, ensuring compliance with the intricate regulations and requirements. If you have any questions about what this means for you, please schedule a consultation with one of our experienced attorneys. We look forward to working with you.

The Military Selective Service Act requires all men living in the United States to register with the Selective Service System within 30 days of turning 18 years old and up to 26 years of age. The Selective Service System (SSS) is used by the U.S. government to draft soldiers into service during times of war. There are a few exceptions to the registration requirement: First, if you hold non-immigrant status until the age of 26, you do not have to register with the SSS. Second, if you enter the U.S. after the age of 26, you do not have to register with the SSS, as the age requirement to register is between 18 and 26. Third, men born after March 29, 1957, and before December 31, 1959, are not required to register. To verify online go to: https://www.sss.gov/verify/ . The information you will need to provide is your last name, social security number, and date of birth. If you find your registration record, download, and print an official Selective Service Registration Acknowledgement Letter from the website and include it with your application. This is sufficient to show that you registered. If you can’t verify your registration because you don’t have a social security number or you didn’t have one when you registered, or you prefer to call, you need to call the SSS at: (888) 655-1825 . Note, failure to register will not automatically lead to the U.S. Citizenship and Immigration Services denying your naturalization application. In fact, even if you did not register and you were required to do so, the USCIS cannot deny your application if you show that you did not know you were required to register, or the failure to register wasn’t intentional. If you have any questions, please schedule a consultation with one of our experienced attorneys and we will be more than happy to assist you.

In the span of about five weeks, U.S. visa policy changed in ways that affect close to 100 countries. A Presidential Proclamation issued on December 16, 2025, expanded an earlier travel ban to cover 39 countries effective January 1, 2026. Two weeks later, the Department of State announced a separate administrative pause on immigrant visa issuance for nationals of 75 countries, effective January 21, 2026. The two policies overlap in places, diverge in others, and together create one of the broadest restrictions on U.S. visa issuance in recent memory. For applicants and employers trying to make sense of the news, the most important point is this: the rules differ depending on (a) which country the applicant is from, (b) which visa category they are seeking, and (c) where they were on January 1, 2026. Below is a practical guide to what is in place, what is still available, and what to do next. Two Distinct Policies, One Confused Headline What the press has often called "the visa freeze" is actually two separate policies, with different legal foundations and different scopes. Presidential Proclamation 10998 the 39-country travel ban. Signed December 16, 2025, and effective January 1, 2026, this proclamation supersedes and expands the June 2025 travel ban. It invokes INA §§ 212(f) and 215(a) the same legal authority that the Supreme Court upheld in Trump v. Hawaii (2018) — and divides affected countries into two tiers. The State Department's 75-country immigrant visa pause. Announced on January 14, 2026, and effective January 21, 2026, this is an internal Department of State policy, not a presidential proclamation. It freezes immigrant visa issuance for nationals of 75 countries on a stated rationale of public charge concerns. It has been challenged in court (CLINIC v. U.S. Department of State, S.D.N.Y., filed February 2, 2026) on grounds including the INA's prohibition on nationality-based discrimination in immigrant visa issuance. Because the policies operate independently, an applicant from a country that appears on both lists faces overlapping restrictions, while an applicant from a country on only one list faces a narrower set. Tier 1: Full Suspension Under Proclamation 10998 (19 Countries) Nationals of these 19 countries are subject to a full suspension of both immigrant and nonimmigrant visa issuance: Afghanistan, Burma, Burkina Faso, Chad, Republic of the Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Laos, Libya, Mali, Niger, Sierra Leone, Somalia, South Sudan, Sudan, Syria, and Yemen. The proclamation also applies to individuals traveling on documents issued or endorsed by the Palestinian Authority. For applicants in this tier, no tourist, student, work, or immigrant visas will generally be issued, subject to a narrow set of exceptions discussed below. Tier 2: Partial Suspension Under Proclamation 10998 (19 Countries + Turkmenistan) Nationals of these 19 countries are subject to a partial suspension: Angola, Antigua and Barbuda, Benin, Burundi, Côte d'Ivoire, Cuba, Dominica, Gabon, The Gambia, Malawi, Mauritania, Nigeria, Senegal, Tanzania, Togo, Tonga, Venezuela, Zambia, and Zimbabwe. For these countries, the proclamation suspends: All immigrant visas, and B-1/B-2 visitor visas, F and M student visas, and J exchange visitor visas. Critically, employment-based and other nonimmigrant categories including H, L, O, P, and R visas remain available to nationals of these countries, although consular officers are directed to reduce the validity period of any such visa to the minimum extent permitted by law. For our firm's many clients in the entertainment, sports, and business immigration space, this distinction is often the difference between a paused career and a viable plan. Turkmenistan occupies a unique position: under the December proclamation, only immigrant visa issuance is suspended; nonimmigrant categories remain available. The Separate State Department Pause (75 Countries) The January 21, 2026 State Department policy paused issuance of immigrant visas only to nationals of 75 countries. The list is broader than the Proclamation 10998 list and notably includes countries with significant client populations for our firm, such as Brazil, Colombia, Egypt, Guatemala, Lebanon, Morocco, Nicaragua, Pakistan, and many others. Two practical points are essential: The pause is limited to immigrant visas. Nonimmigrant visas including B-1/B-2, F-1, J-1, H, L, O, P, and R are not affected by this policy. A Brazilian artist seeking an O-1, a Colombian executive seeking an L-1, or a Lebanese professional seeking an H-1B can generally continue to apply. The policy is being challenged in court. Plaintiffs in CLINIC v. State Department argue that the freeze violates INA § 1152's prohibition on nationality-based discrimination in immigrant visa issuance, the Administrative Procedure Act, and the Fifth Amendment. The outcome is not predictable, and applicants should not delay strategic planning while awaiting a ruling. Who Is Exempt or Otherwise Unaffected Several categories of individuals are not covered by Proclamation 10998, even where their country of nationality appears on the list: Lawful permanent residents of the United States. Green card holders may continue to travel and re-enter, though re-entry can still involve closer secondary inspection. Individuals physically present in the United States on January 1, 2026. The proclamation applies only to those who were outside the U.S. and without a valid visa as of the effective date. Holders of valid visas issued before January 1, 2026. No visa issued before the effective date has been or will be revoked under the proclamation. These visas may continue to be used for travel. Dual nationals who can apply on the passport of a country not subject to the suspension. A, G, and NATO visa holders , certain Special Immigrant Visa applicants, and limited national interest exceptions, including for specific adoption-related cases. It is worth emphasizing that exemption from the entry ban is not the same as exemption from related USCIS processing holds. Some lawful permanent residents from affected countries have nonetheless experienced delays on naturalization (N-400) and family petition (I-130) processing under separate administrative directives. What Applicants Should Do Now Given how rapidly the rules are changing and how case-specific the consequences are, we are advising clients to take the following steps: Identify which list (or lists) applies to you. A national of Iran or Syria faces fundamentally different exposure than a national of Brazil or Colombia, even though both may have heard "visa freeze" in the news. Look at categories, not just countries. For Tier 2 countries and the 75-country pause, employment-based nonimmigrant categories remain a viable path. Many of the O-1, P-1, H-1B, L-1, and EB-1A pathways our firm regularly handles are unaffected by the immigrant-visa freeze. Consider where you are physically located. Applicants currently in the United States have planning options that applicants abroad may not. Departing the country at the wrong moment can convert an inconvenience into a years-long problem. Do not assume current valid visas remain a guarantee of admission. While valid visas are not being revoked, port-of-entry scrutiny has increased, and discretionary admission decisions are ultimately made by Customs and Border Protection. Seek counsel before international travel if you are from any affected country, hold any form of conditional or pending status, or have any concerns about prior immigration history. When to Consult an Attorney The combination of the Proclamation 10998 travel ban, the 75-country immigrant visa pause, ongoing litigation, and the additional USCIS holds on certain benefit applications has produced a landscape where the right answer is rarely obvious from the news alone. Speaking with counsel is especially important when: Your country appears on either list, and you have a pending or planned visa application. You are weighing whether to leave the United States for a consular interview. You are an employer with a foreign national workforce and need to understand which categories remain viable. You are a dual national considering which passport to use. You hold a valid visa from before January 1, 2026, and are uncertain whether to travel. At Santos Lloyd Law Firm, we represent clients from across the affected country lists including substantial numbers in entertainment, sports, business, and family immigration and we are actively monitoring both the litigation and the State Department's evolving guidance. If you have questions about how the current restrictions apply to your case or your company, our attorneys are available to help you build a plan.

Holding a U.S. visa does not guarantee permanent entry. The Department of State can cancel a visa after it is issued through a process called “prudential visa revocation.” These revocations have surged throughout 2025 and 2026. This increase is a direct result of enhanced vetting and increased data sharing between government agencies. Through the Continuous Vetting Center, law enforcement and immigration databases are now cross-referenced in real time, allowing officials to flag and revoke visas the moment new information surfaces or updated information is received, such as a past criminal arrest or a security alert. What is Prudential Visa Revocation? A prudential revocation is a precautionary cancellation. It happens when new information suggests a traveler might be ineligible for a visa or could pose a safety concern. A revocation cancels your visa, but it does not automatically end your status if you are already inside the U.S. and following the rules of your stay. Common triggers include: Criminal Arrests (DUI/DWI): Even a previous incident or single arrest without a conviction can trigger an immediate revocation. Security Alerts: New hits on watchlists or intelligence databases. Loss of Eligibility: Such as losing a job or failing to maintain student status. Fraud: Discovery of errors or lies on previous applications. The DOS usually notifies individuals via the email address listed on their DS-160 application. However, many travelers reportedly only discover the revocation when they are denied boarding at the airport. If your visa is revoked while you are in the U.S., you can typically remain in the country until the date on your Form I-94 expires, provided you continue to follow all terms of your stay. However, you should avoid international travel until you consult with legal counsel, as leaving the U.S. will require you to apply for a brand-new visa to re-enter. This application process may involve extra scrutiny, such as medical evaluations or supplemental documentation - especially if the revocation was triggered by a DUI or DWI. If your visa has been revoked and you need to discuss your legal options, please contact Santos Lloyd Law Firm for guidance.

U.S. Citizenship and Immigration Services (USCIS) has recently updated its protocols regarding the screening and vetting of immigration benefit applications. These changes involve a more detailed review process that may impact processing times and evidence requirements for various categories of benefits. Key Changes to the Adjudication Process The updated guidance outlines several shifts in how USCIS processes and reviews applications: Adjustment of EAD Validity Periods: For certain categories, the validity periods of Employment Authorization Documents (EADs) may be shortened. This can result in more frequent eligibility reviews throughout the application process. Expanded Use of Social Media and Financial Data: Adjudicators have been granted broader authority to review an applicant’s social media activity and financial history during the vetting process. Policy Updates on Biometric Verification: The agency is revising its approach to biometric identity verification, including the reuse of fingerprints and photographs. Country-Specific Scrutiny: USCIS is coordinating with the Department of State to apply specific analysis to applications based on regional risk factors and fraud indicators. Impact on Interviews and Processing Applicants for adjustment of status, naturalization, and other benefits may encounter more focused questioning during interviews. USCIS is now tailoring its interview process to address potential red flags associated with specific geographic regions or benefit categories. Because of this increased scrutiny, it is essential that all information provided in an application is consistent with an applicant's public record and digital footprint. Discrepancies or incomplete documentation can result in delays or additional requests for evidence. Next Steps As these procedures are implemented, applicants should ensure that all submitted materials are accurate and verifiable. We recommend a thorough review of all public information and documentation prior to filing. If you have questions regarding how these procedural changes may affect your specific case, our team is available to discuss the current requirements and help navigate the updated process.

