Citizenship Attorney

To successfully naturalize, applicants must typically meet a strict set of foundational criteria. Failing to meet any of these can lead to significant delays or even a denial of the application.

• Age and Permanent Residence: You must be at least 18 years old at the time of filing and hold Lawful Permanent Resident (Green Card) status for at least five years (or three years if married to a U.S. citizen).
• Continuous Residence and Physical Presence: You must demonstrate continuous residence in the U.S. for the requisite period and show you have been physically present in the U.S. for at least half of that time. Extended absences from the U.S. can disrupt the continuous residence requirement.
• Good Moral Character (GMC): Applicants must establish that they have been a person of good moral character for the statutory period leading up to the application and up to the Oath of Allegiance. Certain criminal convictions or ethical violations may complicate a finding of GMC.
• English and Civics: Candidates must demonstrate the ability to read, write, and speak basic English, and possess a fundamental knowledge of U.S. history and government (civics).

While the five-year residency rule is the most common path, U.S. immigration law provides alternative, expedited routes for certain individuals who meet specific criteria. For those with ties to the U.S. military or those married to a U.S. citizen, the requirements for continuous residence and physical presence may be shortened. For instance, spouses of U.S. citizens may file Form N-400 after three years of permanent residency, provided they have been living in marital union with their spouse for that period. Furthermore, certain military members may be eligible to apply for naturalization under special provisions that waive some requirements, recognizing their service to the nation. Guidance on these complex provisions can be crucial for determining the fastest and most appropriate route.

The preparation of Form N-400 demands precision, as the information provided covers extensive personal history, including employment, residence, travel, and marital status.

• Document Review: Every question must be answered honestly and accurately. It is essential to gather and submit supporting evidence, such as Green Card copies, travel records, tax documents, and marriage certificates.
• Translations: Any document not in English must be accompanied by a complete and certified English translation.
• Filing Fees and Waivers: Proper payment of the application and biometrics fees is required, unless the applicant qualifies for a fee waiver, which must be requested through a separate form.

Not all naturalization cases are straightforward; some applicants face specific issues that require sophisticated legal analysis and strategic disclosure. An immigration professional can be essential in developing a strategy to address and mitigate these issues.

• Extended International Travel: Absences from the U.S. exceeding six months can raise a presumption that continuous residence has been broken, which must be clearly and persuasively rebutted with evidence.
• Prior Criminal History: All arrests, citations, or criminal convictions, regardless of how minor or how long ago they occurred, must be disclosed. An attorney can analyze the impact of past legal incidents on the "good moral character" requirement.
• Tax and Financial Obligations: Failure to file tax returns or delinquent tax liabilities can impact the determination of good moral character. Legal counsel may assist in demonstrating compliance or rehabilitation.
• Selective Service Registration: Male applicants who lived in the U.S. between the ages of 18 and 26 must register for the Selective Service, and failure to do so must be addressed.

The interview serves two primary purposes: to test the applicant's language and civics knowledge and to verify the information submitted on the N-400 application. The USCIS officer will confirm the accuracy of the application, asking questions about the applicant's background, travel history, and good moral character. While the attorney cannot answer questions for the applicant, their presence can be reassuring and ensure the process adheres to proper legal procedure. Preparation typically involves mock interviews to increase confidence and fluency, particularly in discussing complex areas of the application.

The naturalization ceremony is where the applicant officially takes the Oath of Allegiance, publicly swearing to support the U.S. Constitution and laws. Before taking the oath, applicants must sign a questionnaire (Form N-445) confirming that their eligibility status has not changed since the interview. At the ceremony, individuals relinquish their Permanent Resident Cards and, upon reciting the oath, receive their Certificate of Naturalization, marking their official transition to becoming a U.S. citizen.