Citizenship (Naturalization)

Becoming a U.S. citizen is an exciting milestone that offers security and a sense of belonging. U.S. citizenship grants you the right to vote, the ability to travel with a U.S. passport, eligibility for certain jobs and government benefits, and protection from deportation. The Citizenship practice area of our firm focuses on helping lawful permanent residents navigate the naturalization process to become U.S. citizens, as well as assisting those who may already be U.S. citizens by law (through parents) in obtaining proof of citizenship.

Most clients seeking citizenship do so through naturalization, which requires meeting several criteria established by U.S. law. The general requirements for naturalization include​

• Permanent Resident (Green Card) Status: You must be a lawful permanent resident for a required period – typically at least 5 years of holding a green card. (If you obtained your green card through marriage to a U.S. citizen, the required period may be 3 years of permanent residency, provided you have been married to and living with the U.S. citizen spouse for those 3 years and your spouse has been a citizen for at least 3 years.)

• Age: You must be 18 years or older to apply for naturalization​

• Continuous Residence: You should have continuously resided in the U.S. as a green card holder for the required period (5 or 3 years). This generally means you haven’t taken any prolonged trips abroad (typically, no single trip over 6 months without mitigating evidence) that disrupt your residency.

• Physical Presence: You must have been physically present in the U.S. for at least half of the required residency period (e.g., 30 months out of 5 years)​

• State Residency: You have lived at least 3 months in the state or USCIS district where you will apply. (If you recently moved, you may need to wait until you meet this requirement.)

• Good Moral Character: You must demonstrate good moral character for the required period (and up to the time of oath). This means no serious criminal issues; certain crimes (like fraud, aggravated felonies, or habitual drunkenness) can bar you. Minor issues may be okay, but honesty on the application is crucial and some incidents might need legal analysis.

• English Language Ability: You need to be able to read, write, and speak basic English. (Some exceptions apply – for example, if you are over a certain age and have been an LPR for many years, or if you have a qualifying medical disability, the English requirement can be waived). We can advise if you qualify for an exemption or accommodation.)

• U.S. History and Civics Knowledge: You must pass a civics test on U.S. government and history, demonstrating an understanding of the fundamentals of American democracy​. The test involves up to 10 questions from an official list of 100; you must answer at least 6 correctly. (Again, certain older or disabled applicants might take a simpler version or be exempt from this test – we will identify if those rules apply to you.)

• Attachment to the Constitution: You should be willing to support and defend the U.S. Constitution and take the Oath of Allegiance, swearing loyalty to the United States​. This is usually straightforward for applicants, but it’s an important legal requirement formalized at the oath ceremony.

Most applicants will meet these requirements, but every situation is unique. For instance, a common concern is criminal history or prior issues (even a minor offense or a long-ago incident) – this can affect the good moral character determination. Attorney Chris will review any such issues upfront to determine if it’s safe to apply now or if it’s better to wait or gather additional evidence of rehabilitation. We also help clients understand the English and civics tests, providing study materials and referrals to classes if needed, and we clarify any exceptions (for example, the 50/20 or 55/15 rule where long-time older residents can take the civics test in their native language, or medical disability waivers with Form N-648).

Once you confirm your eligibility, the process involves several steps:

1. File the Application: The applicant submits Form N-400 (Application for Naturalization) to U.S. Citizenship and Immigration Services (USCIS), along with the required fee (or fee waiver request if qualified) and supporting documents. Supporting documents typically include a copy of your green card, evidence of marital status if applying under the 3-year rule (marriage certificate and spouse’s proof of citizenship), and any documents related to potential issues (e.g. certified court records for any arrests, tax payment records if there were any tax issues, Selective Service registration proof for male applicants who lived in the U.S. between ages 18-26, etc.). We carefully prepare the N-400, making sure all information is accurate and complete, to avoid delays or denials. (As of 2025, USCIS allows online filing for the N-400, which we often use for faster processing and convenient tracking.)

2. Biometrics: After filing, USCIS will schedule a biometrics appointment for fingerprinting (and photograph), which is used to conduct background checks (FBI name/check and fingerprint check). This is usually a quick appointment at a local Application Support Center.

3. Interview and Exams: The pivotal step is the naturalization interview with a USCIS officer. During this interview, the officer will review your N-400 application with you, asking questions to confirm the information and your eligibility. You will also take the English reading/writing test and the civics test at this same interview. The officer typically tells you at the end of the interview if you passed. We thoroughly prepare our clients for this interview – including practicing typical interview questions and doing a mock civics test – so you can attend with confidence. In many cases, your attorney can accompany you to the interview to provide support and ensure the process is fair (though the attorney’s role is limited, their presence can be reassuring).

4. Oath Ceremony: If approved, the final step is attending a Naturalization Oath Ceremony. This is a formal event where you take the Oath of Allegiance and officially become a U.S. citizen. Often, USCIS will give you a notice for an oath ceremony on the same day as your interview if you passed (for same-day ceremonies) or mail you a notice with the ceremony scheduled a few weeks later. At the ceremony, you’ll receive your Certificate of Naturalization, marking the moment you become a U.S. citizen. Many clients bring family to celebrate this special day. (After the ceremony, you can immediately apply for a U.S. passport and update your Social Security record as a citizen.)

Our firm provides end-to-end assistance on your journey to citizenship. We start by evaluating your eligibility, spotting any potential hurdles (for example, if you have extended absences from the U.S. or an old misdemeanor, we address those proactively). We’ll help gather all necessary documents and evidence before applying. We will prepare the N-400 application on your behalf, ensuring that every question is answered accurately and nothing is overlooked. If you’re worried about the civics or language tests, we offer guidance and resources – we can recommend study guides and even conduct practice exams with you. Prior to your USCIS interview, we conduct a thorough interview preparation session, so you know exactly what to expect and how to respond truthfully and effectively to the officer’s questions. On the day of the interview, one of our immigration lawyers can accompany you (when permitted) to provide support.