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Pinho Law

US naturalization: when and how to apply in 2026 (Brazilian's guide)

Green card is status. Citizenship is a right. After 5 years as LPR (or 3 married to USC), you close the loop — without losing Brazilian citizenship.

Reviewed by Dra. Izi Pinho — Florida Bar #126610··7 min read

Most common post-green-card question: when can I apply? Do I lose my Brazilian passport? Do I need perfect English?

Short answers: 5 years as LPR (or 3 if married to USC), no loss of Brazilian citizenship, conversational English is enough, civics = 6 of 10 from a public 100-question list.

The 5 core requirements

  1. 18+ years old.
  2. 5 years as LPR (or 3 with USC spouse).
  3. Physical presence ≥ 50% of the period.
  4. Good moral character throughout.
  5. Basic English + civics test.

5-year vs 3-year rule

Requirement5-year (standard)3-year (USC spouse)
LPR residence5 yrs3 yrs
Physical presence30 mo18 mo
Married to USC throughoutNoYes
Marital union (not paper only)NoYes

Dual citizenship — the big question

Does a Brazilian lose Brazilian citizenship by naturalizing American? No. Brazilian Constitution Art. 12 §4 II preserves Brazilian citizenship when US naturalization is a condition for permanence / civil rights — which applies to virtually every Brazilian living in the US. US side recognizes dual citizenship.

In practice: circulate with both passports

Brazilian law requires Brazilian passport when entering/leaving Brazil; US law requires US passport when entering/leaving the US. Holding both simultaneously is the standard.

Timeline

  1. Day 1: file N-400 (up to 90 days before 5-year mark).
  2. 2–6 weeks: receipt notice.
  3. 2–4 months: biometrics.
  4. 6–14 months: interview + civics + English test.
  5. 1–3 months after approval: oath ceremony.
  6. 1 week after oath: apply for US passport (DS-11).

Frequently asked questions

Do I lose Brazilian citizenship?
No. Brazilian Constitution preserves it when US naturalization is needed for permanence — which applies to most Brazilians in the US.
Can I naturalize with conditional green card?
No. The 5 (or 3) year clock starts after I-829 or I-751 approval — you need permanent, not conditional, LPR status.
Naturalized citizen = same rights as native-born?
Almost — with one exception: naturalized citizens cannot be elected President or VP (Article II, §1). All other federal/state/military/clearance positions are accessible.

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