As the United States continues to grapple with immigration policy under the Trump administration, the recent arrival of Afrikaner refugees from South Africa has sparked renewed interest in the naturalization process.

These refugees, admitted under a February 2025 executive order prioritizing their resettlement, face a complex journey to U.S. citizenship, shaped by federal laws, state regulations, and the evolving landscape of issues like cannabis legalization.

This article delves into the steps and requirements for naturalization, particularly for refugees, and explores how state and federal laws can impact the critical criterion of “good moral character.”

The Naturalization Process: A Step-by-Step Guide

For refugees, including the approximately 59 Afrikaner refugees who arrived in the U.S. on May 12, 2025, the path to citizenship begins with their admission through the U.S. Refugee Admissions Program (USRAP). Managed by the Department of State in coordination with the Department of Homeland Security (DHS) and the Department of Health and Human Services (HHS), this program ensures that refugees meet the legal definition of persecution or fear of persecution due to race, religion, nationality, membership in a particular social group, or political opinion Refugee Admissions.

Step 1: Admission as a Refugee

Upon arrival, refugees are eligible for government-funded resettlement assistance, but this initial phase does not directly affect naturalization. For Afrikaners, the process has been expedited, with ad hoc refugee centers established in Pretoria to process applications, reflecting the Trump administration’s prioritization of their case ‘Mission South Africa’: How Trump Is Offering White Afrikaners Refugee Status. However, this expedited admission does not alter the subsequent legal requirements for citizenship.

Step 2: Applying for Lawful Permanent Residence (Green Card)

After being physically present in the U.S. for at least one year, refugees can apply for lawful permanent residence using Form I-485, “Application to Register Permanent Residence or Adjust Status.” This step is crucial, as it transitions them from refugee status to lawful permanent resident (LPR) status, a prerequisite for naturalization.

Key requirements include:

• Having been physically present in the U.S. for at least one year after admission as a refugee.
• Not having had refugee admission terminated.
• Not already holding permanent resident status.

Notably, there is no filing fee for refugees applying for a green card, and no fingerprinting or biometrics fees, making this step accessible Green Card for Refugees. Each family member must file a separate Form I-485, ensuring all dependents are included in the process Refugee Status – Eligibility and Benefits.

Step 3: Applying for Naturalization

After holding lawful permanent residence for at least five years, refugees can apply for naturalization using Form N-400, “Application for Naturalization.” The five-year period is counted from the date of admission to lawful permanent residence, not from the date of entry as a refugee. To be eligible, applicants must meet several criteria:

• Be at least 18 years old.
• Have been a lawful permanent resident for at least five years (or three years if married to a U.S. citizen).
• Have been physically present in the U.S. for at least 30 months out of the five years.
• Have resided continuously in the U.S. for at least five years, with no significant breaks in residence.
• Demonstrate good moral character during the statutory period.
• Be able to read, write, and speak basic English.
• Pass a U.S. history and government (civics) test.
• Be willing to take an oath of allegiance to the U.S.

The USCIS provides educational tools and resources at uscis.gov/citizenship to help applicants prepare for the English and civics tests, ensuring accessibility for new arrivals USCIS Welcomes Refugees and Asylees.

The Role of “Good Moral Character”

One of the most critical requirements for naturalization is demonstrating “good moral character” (GMC) during the five-year period immediately preceding the application and up to the time of the Oath of Allegiance. This criterion is broadly defined and can be influenced by both state and federal laws, creating a complex legal landscape for applicants.

Federal Law and Good Moral Character

Federal law, as outlined in Chapter 9 of the USCIS Policy Manual, requires that applicants show GMC, meaning they have not committed serious crimes, lied to immigration officials, or engaged in other activities that would bar citizenship Chapter 9 – Good Moral Character | USCIS. Serious crimes include aggravated felonies, controlled substance violations, and other offenses that demonstrate a lack of moral character.

A recent example of federal enforcement is highlighted in an X post by USCIS on May 20, 2025, which details arrests of individuals attempting to fraudulently obtain citizenship, including a Rwandan genocide criminal and a Venezuelan arrested for sex trafficking . This underscores the agency’s focus on ensuring applicants meet GMC standards, particularly under the Trump administration’s stringent immigration policies.

State Laws and Their Impact

State laws can also affect GMC, especially in areas where state and federal laws conflict, such as cannabis legalization. As of May 2025, 38 states and the District of Columbia have legalized medical or recreational cannabis, but federal law still classifies it as a Schedule I controlled substance under the Controlled Substances Act (21 U.S.C. 812). This creates a significant challenge for naturalization applicants.

USCIS has issued policy guidance clarifying that violations of federal controlled substance law, including marijuana use, are generally a bar to establishing GMC USCIS Issues Policy Guidance Clarifying How Federal Controlled Substances Law Applies to Naturalization Determinations. For non-citizens, this can lead to denial of naturalization, as seen in cases like She Immigrated Legally. She Married a U.S. Citizen. But She Was Denied Citizenship for Working in Legal Cannabis., where an immigrant was denied citizenship for working in a state-legal cannabis business.

For Afrikaner refugees, this means that engaging in cannabis-related activities, even if legal under state law, could jeopardize their naturalization if they are still non-citizens. However, once naturalized, they are no longer subject to these immigration-related restrictions, as citizenship removes the GMC requirement for naturalization purposes. This is supported by sources like Cannabis and Immigration, which notes that citizens face fewer restrictions, though they must still navigate federal implications.

The Tension Between State and Federal Laws

The tension between state and federal laws on cannabis creates a challenging environment for naturalization applicants. For example, in states like California, where cannabis is legal for both medical and recreational use, applicants must be cautious, as federal law still applies. The Rohrabacher-Farr Amendment, which prevents the Department of Justice from using federal funds to prosecute state-legal cannabis activities, provides some protection, but it does not change the federal classification Rohrabacher-Farr Amendment.

This tension is particularly relevant for Afrikaner refugees resettling in states like Idaho, Iowa, and North Carolina, where cannabis laws vary. In Idaho, cannabis remains illegal, while North Carolina has legalized medical cannabis, creating different legal landscapes that applicants must navigate State Medical Cannabis Laws. The controversy around state-legal cannabis use impacting federal benefits or employment is ongoing, with advocates pushing for reform, but as of May 2025, federal policy remains unchanged Legal Marijuana Use Will Prevent You From Obtaining Citizenship.

Naturalization for Children Under 18

For children of refugees, including Afrikaner refugees, the naturalization process is simplified by the Child Citizenship Act of 2000 (CCA). Children under 18 can derive U.S. citizenship automatically when their parents naturalize, provided they are lawful permanent residents and reside in the U.S. with their citizen parent. This is particularly relevant for the recent arrivals, as many children are likely under 18.

If parents naturalize after five years as permanent residents and the children are still under 18, they will likely derive citizenship immediately, without needing to apply separately. This is detailed in Chapter 4 – Automatic Acquisition of Citizenship after Birth (INA 320), which outlines that all conditions must be met before the child’s 18th birthday.

However, the impact of state and federal laws on GMC still applies to parents. If parents engage in activities like cannabis use, even if legal under state law, it could delay or prevent their naturalization, affecting the child’s ability to derive citizenship. This underscores the importance of parents adhering to federal law during the naturalization process.

Practical Implications and Timeline

For Afrikaner refugees, the timeline for citizenship involves:

• Year 1: Arrive as refugees, begin resettlement.
• Year 2: Apply for and obtain green card, becoming lawful permanent residents.
• Year 6 : After five years as permanent residents, parents can apply for naturalization, and children under 18 can derive citizenship, provided all conditions are met.

Throughout this process, they must avoid activities that violate federal law, including cannabis use, to ensure eligibility for naturalization and citizenship derivation. Organizations like the Committee for Refugees and Immigrants are providing resettlement services, which may include legal advice on navigating these issues First Afrikaners arrive in U.S. under radically redrawn refugee program.

The naturalization process for Afrikaner refugees, like all refugees, is a structured path that requires meeting specific legal requirements, including demonstrating good moral character. The interplay between state and federal laws, particularly on issues like cannabis, creates a complex environment that applicants must navigate. While citizenship removes many immigration-related restrictions, naturalized citizens must still consider the impact of federal law on employment and benefits. As the U.S. continues to refine its immigration policies, the experiences of Afrikaner refugees highlight the ongoing challenges and opportunities in the pursuit of American citizenship.

Sources:

• USCIS Welcomes Refugees and Asylees brochure
• Refugee Status Eligibility and Benefits CitizenPath
• Green Card for Refugees USCIS
• First Afrikaners arrive in U.S. under radically redrawn refugee program NPR
• White South African Afrikaner refugees arrive in U.S. on a government-chartered plane NPR
• ‘Mission South Africa’: How Trump Is Offering White Afrikaners Refugee Status New York Times
• Refugee Admissions United States Department of State
• White South Africans arrive in US under Trump refugee plan BBC
• Refugees USCIS
• Children of Refugees Legally Qualifying for Citizenship Through Derivation Justia
• Applying for U.S. Citizenship as a Former Asylee or Refugee Justia
• Chapter 9 – Good Moral Character | USCIS
• USCIS X post
• She Immigrated Legally. She Married a U.S. Citizen. But She Was Denied Citizenship for Working in Legal Cannabis.
• Cannabis and Immigration
• Working in the cannabis industry may complicate naturalization
• State Medical Cannabis Laws
• Rohrabacher-Farr Amendment
• Drug-Free Workplace Act of 1988
• Warning for non-U.S. citizens about medical and recreational marijuana
• Legal Marijuana Use Will Prevent You From Obtaining Citizenship
• Chapter 4 – Automatic Acquisition of Citizenship after Birth (INA 320)
• USCIS Issues Policy Guidance Clarifying How Federal Controlled Substances Law Applies to Naturalization Determinations
• Not a U.S. citizen? Don’t use marijuana.