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Naturalization & Citizenship
Guiding You Toward the Privilege and Protection of U.S. Citizenship
Becoming a U.S. citizen represents more than just a legal status—it is the culmination of hard work, perseverance, and commitment to the American ideal. Yet, the path to citizenship is not always straightforward. At SJKP LLP, we guide clients through every stage of the naturalization and citizenship process, helping them navigate complex regulations, avoid common pitfalls, and secure the rights and privileges that come with becoming a U.S. citizen.
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1. Understanding Naturalization and Citizenship
Naturalization is the legal process through which a lawful permanent resident (green card holder) becomes a U.S. citizen. Citizenship may also be obtained through birth in the United States, through parents, or by deriving it automatically in specific circumstances.
Why Citizenship Matters
Becoming a U.S. citizen offers not only emotional fulfillment but also tangible legal and practical benefits, including:
- - The right to vote in federal, state, and local elections
-Access to U.S. passports and consular protection abroad
-Eligibility for federal employment and security clearances
-Freedom from deportation and immigration-related limitations
-The ability to petition for family members with priority processing
For many, citizenship represents a new level of stability, belonging, and opportunity—one worth pursuing with expert legal support.
2. Eligibility for Naturalization
To qualify for U.S. citizenship through naturalization, applicants must meet certain statutory requirements under the Immigration and Nationality Act (INA).
Basic Requirements Include:
- - Lawful permanent residency for at least five years (or three years if married to a U.S. citizen)
-Continuous residence and physical presence in the U.S.
-Good moral character during the statutory period
-Ability to speak, read, and write basic English
-Knowledge of U.S. history and government
-Willingness to take the Oath of Allegiance to the United States
Each of these elements must be carefully reviewed and documented. Even minor legal issues, extended trips abroad, or inconsistencies in prior filings can affect eligibility.
3. The Naturalization Process: Step-by-Step
Our firm assists clients from the moment they become eligible to the day they take their citizenship oath.
Step 1: Filing Form N-400 (Application for Naturalization)
Applicants begin by filing Form N-400 with U.S. Citizenship and Immigration Services (USCIS), along with filing fees, biometric data, and supporting documents.
Step 2: Biometrics Appointment
USCIS schedules fingerprinting to conduct background and security checks.
Step 3: Interview and Civics Test
During the interview, applicants are asked questions about their application and must demonstrate English proficiency and knowledge of U.S. history and government.
Step 4: Decision and Oath Ceremony
If approved, the applicant attends an oath ceremony, where they officially become a U.S. citizen. The Oath of Allegiance marks the formal completion of the naturalization process.
4. Common Challenges and Legal Considerations
While naturalization is often straightforward, certain complications can arise that require experienced legal guidance.
Criminal Record or Good Moral Character Concerns
Even minor offenses, such as DUI or failure to file taxes, may raise issues about “good moral character.” Our attorneys conduct detailed background reviews and help mitigate these risks before submission.
Extended Absences or Residency Breaks
Long trips abroad can interrupt the continuous residence requirement. We help clients document ties to the U.S.—such as employment, property ownership, and tax records—to preserve eligibility.
Prior Immigration Issues
Misrepresentation, visa overstays, or past deportation proceedings can complicate a naturalization case. SJKP LLP provides comprehensive strategy and representation to overcome these barriers through waivers, motions, or record corrections.
5. Citizenship Through Parents or Derivation
Not all U.S. citizens go through the naturalization process. Some acquire or derive citizenship automatically based on their parents’ status.
Citizenship at Birth
Under U.S. law, any child born on U.S. soil (with few exceptions) automatically becomes a U.S. citizen at birth.
Citizenship Through Parents (Acquisition)
Children born abroad to U.S. citizen parents may acquire citizenship at birth if certain conditions are met regarding the parent’s residence and citizenship status.
Derivative Citizenship
A lawful permanent resident child can automatically become a U.S. citizen if:
- 1. At least one parent is a U.S. citizen,
2. The child is under 18, and
3. The child resides in the U.S. in the legal and physical custody of the citizen parent.
These cases often require documentary proof such as birth certificates, parent citizenship records, and residence evidence.
6. Dual Citizenship: Rights and Responsibilities
The United States generally allows dual citizenship, but it comes with obligations that applicants must fully understand.
Key Considerations
- - Dual citizens must use a U.S. passport when entering or leaving the U.S.
- They remain subject to U.S. tax laws, even if residing abroad.
- Some countries automatically revoke prior citizenship when a new one is obtained.
We help clients analyze potential conflicts and make informed decisions before finalizing their naturalization.
7. Loss or Revocation of Citizenship
In rare cases, citizenship can be revoked through denaturalization.
Grounds include fraud during the naturalization process, concealment of material facts, or involvement in criminal activity that violates the oath of allegiance.
Our firm assists in defending against denaturalization actions by carefully analyzing the government’s evidence and asserting procedural and substantive defenses to protect citizenship status.
8. Appealing a Denied Naturalization Application
Administrative Review (Form N-336)
If USCIS denies a naturalization application, an applicant may request a hearing using Form N-336. This allows for a second review by a different immigration officer.
Judicial Review
If the denial is upheld, the applicant may seek judicial review in federal court. SJKP LLP represents clients at every stage, ensuring that their rights to due process are protected throughout.
9. How SJKP LLP Helps
Our attorneys offer full-spectrum assistance in naturalization and citizenship matters—from eligibility assessments to final approval and ceremony preparation.
- - We assist clients with:
- Determining the most efficient path to citizenship
- Preparing and filing all required forms and evidence
- Overcoming criminal or moral character concerns
- Handling complex derivation and parental citizenship claims
- Representing clients in appeals and denaturalization defense
Our team approaches every case with diligence, empathy, and precision—because every citizenship story deserves careful advocacy.
The information provided in this article is for general informational purposes only and does not constitute legal advice. Reading or relying on the contents of this article does not create an attorney-client relationship with our firm. For advice regarding your specific situation, please consult a qualified attorney licensed in your jurisdiction.
Certain informational content on this website may utilize technology-assisted drafting tools and is subject to attorney review.
