U.S. Citizenship & Naturalization Lawyer

U.S. Citizenship Through Naturalization – Citizenship Attorney

Becoming a United States citizen is one of the most important decisions you can make in your immigration journey. U.S. citizenship provides you with the right to vote, hold a U.S. passport, petition for family members more quickly, access federal benefits and jobs, and enjoy protection from deportation. Naturalization is the legal process through which a lawful permanent resident (green card holder) becomes an American citizen.

At Modern Law Group, we have helped thousands of immigrants successfully navigate the naturalization process. Our experienced citizenship attorneys understand the complexities of Form N-400, the civics and English requirements, and the citizenship interview. We work with clients from all backgrounds and countries to help them achieve their dream of becoming U.S. citizens.

Naturalization Eligibility Requirements

Before you can apply for U.S. citizenship through naturalization, you must meet specific eligibility requirements established by U.S. Citizenship and Immigration Services (USCIS). Understanding these requirements is essential for a successful application. Here are the key requirements you must satisfy:

Age Requirement

You must be at least 18 years old at the time you file your Form N-400, Application for Naturalization. There is no maximum age limit for naturalization, and many applicants successfully become citizens well into their senior years. If you are under 18, you may be eligible for citizenship through your parents if they naturalize while you are still a minor.

Lawful Permanent Resident Status

You must be a lawful permanent resident (green card holder) to apply for naturalization. This means you must have a valid green card and have maintained your permanent resident status. If your green card has expired, you should renew it before applying for citizenship, though having an expired card does not necessarily disqualify you from applying.

Continuous Residence Requirements

You must demonstrate continuous residence in the United States. The general requirement is five years of continuous residence as a lawful permanent resident immediately before filing your application. However, if you obtained your green card through marriage to a U.S. citizen and are still married to and living with that same citizen, you may be eligible to apply after only three years of continuous residence.

Physical Presence Requirements

In addition to continuous residence, you must have been physically present in the United States for a minimum period. For the standard five-year track, you need at least 30 months (2.5 years) of physical presence. For the three-year marriage-based track, you need at least 18 months of physical presence. Our attorneys can help you calculate your physical presence and identify any potential issues before you apply.

State Residence Requirement

You must have lived in the state or USCIS district where you file your application for at least three months before filing. If you recently moved to a new state, you may need to wait before applying or file in your previous state of residence.

Good Moral Character

You must demonstrate good moral character during the statutory period (typically five or three years before filing, continuing through your oath ceremony). Certain criminal convictions, immigration violations, or other actions can prevent you from establishing good moral character. Issues that may affect good moral character include:

• Convictions for murder, aggravated felonies, or crimes involving moral turpitude
• Drug offenses (including marijuana-related offenses, even in states where it is legal)
• Fraud or misrepresentation in dealings with the government
• Failure to pay court-ordered child support or alimony
• Failure to file taxes or pay taxes owed
• Prostitution or commercialized vice
• Illegal gambling
• Habitual drunkenness or alcohol-related incidents

If you have any concerns about your criminal history or past actions, it is crucial to consult with an experienced immigration attorney before applying. Our team can review your record and advise you on the best path forward.

English Language Requirement

You must be able to read, write, and speak basic English. During your citizenship interview, a USCIS officer will test your English abilities by asking you to read sentences aloud and write sentences in English. The test is designed to assess basic proficiency, not perfect grammar or advanced vocabulary.

Civics Knowledge Requirement

You must demonstrate knowledge of U.S. history and government. This is tested through a civics exam during your interview. The USCIS officer will ask you up to 10 questions from a list of 100 possible civics questions, and you must answer at least 6 correctly to pass. Topics include American government structure, the Constitution, U.S. history, and important national symbols and holidays.

Attachment to the Constitution

You must be willing to support and defend the U.S. Constitution and the laws of the United States. This includes taking the Oath of Allegiance at your naturalization ceremony, where you swear loyalty to the United States and renounce allegiance to foreign sovereigns.

The N-400 Application Process

Form N-400, Application for Naturalization, is the official form you must submit to USCIS to begin the citizenship process. This form collects detailed information about your background, residence history, employment, travel, family, and moral character. Completing the N-400 accurately is critical because errors or omissions can delay your case or even result in denial.

Step 1: Gathering Required Documents

Before completing your N-400, you should gather all necessary documentation. Required documents typically include:

• A copy of your green card (front and back)
• Passport-style photographs meeting USCIS specifications
• Evidence of any name changes (marriage certificates, court orders)
• Tax returns and transcripts for the statutory period
• Travel records documenting all trips outside the United States
• Court records for any arrests, citations, or criminal matters
• Selective Service registration documentation (for male applicants ages 18-31)
• Evidence of child support compliance, if applicable

Step 2: Completing the N-400 Form

The N-400 form is extensive, containing questions about your biographical information, residence and employment history for the past five years, marital history, information about your children, travel history, and detailed questions about your moral character and background. Each question must be answered truthfully and completely.

Our attorneys carefully review every answer before submission to ensure accuracy and completeness. We help you understand which trips abroad may raise issues, how to properly disclose any criminal matters, and how to present your case in the strongest possible light.

Step 3: Filing and Fees

You can file your N-400 online through your USCIS account or by mail. The current filing fee includes the application fee and biometrics fee. Fee waivers are available for applicants who demonstrate financial hardship. After filing, you will receive a receipt notice confirming USCIS has received your application.

Step 4: Biometrics Appointment

After USCIS accepts your application, you will receive a notice scheduling your biometrics appointment at a local Application Support Center. At this appointment, USCIS will collect your fingerprints, photograph, and digital signature. This information is used for background checks. The appointment typically takes less than 30 minutes.

Citizenship Interview and Testing

The naturalization interview is a crucial step in the citizenship process. During this interview, a USCIS officer will review your application, verify your identity, test your English proficiency, administer the civics exam, and ask questions to assess your eligibility.

What to Expect at the Interview

Your interview will take place at a local USCIS field office. Plan to arrive at least 15 minutes early. You should bring:

• Your interview appointment notice
• Your green card
• Your passport and any travel documents
• State-issued identification
• Originals of any documents you submitted with your application
• Any documents requested in your interview notice

The officer will place you under oath and review your N-400 application question by question. You may be asked to clarify or update any information. Be honest and straightforward in your responses. If you don't understand a question, ask the officer to repeat or rephrase it.

The English Test

The English test consists of reading, writing, and speaking components:

• Speaking: The officer evaluates your spoken English throughout the interview based on your ability to understand and respond to questions.
• Reading: You will be asked to read one to three sentences aloud. You must read at least one sentence correctly to pass.
• Writing: You will be asked to write one to three sentences. You must write at least one sentence correctly to pass.

The vocabulary used in the reading and writing tests is based on American history and civics topics. USCIS provides a list of vocabulary words to help you prepare.

The Civics Test

The civics test covers American government, history, and integrated civics (geography, symbols, holidays). The officer will ask you up to 10 questions from the official list of 100 questions, and you must answer at least 6 correctly. Questions are asked orally, and you respond orally.

Sample civics questions include:

• What is the supreme law of the land? (The Constitution)
• How many U.S. Senators are there? (100)
• Who was the first President? (George Washington)
• What are two rights in the Declaration of Independence? (Life, liberty, pursuit of happiness)
• Name one war fought by the United States in the 1900s (World War I, World War II, Korean War, Vietnam War, Gulf War)

Interview Preparation Tips

Proper preparation significantly increases your chances of success:

• Review your N-400 application thoroughly before the interview
• Be prepared to explain any trips abroad and provide exact dates
• If you have any criminal history, bring certified court dispositions
• Practice the civics questions until you can answer confidently
• Dress professionally and arrive on time
• Answer only the question asked – don't volunteer extra information
• If you don't know an answer, say so rather than guessing

Naturalization Timeline

The citizenship process timeline can vary depending on your USCIS field office, the complexity of your case, and current processing times. Here's a general timeline for what to expect:

Some USCIS offices offer same-day oath ceremonies for approved applicants. If this option is available, you can complete the entire process and become a citizen on the same day as your interview. Our attorneys can advise you on what to expect at your specific field office.

Common Citizenship Issues and How to Overcome Them

Many applicants face obstacles during the naturalization process. An experienced immigration attorney can help you address these issues proactively and improve your chances of approval.

Extended Trips Abroad

If you have taken trips outside the United States lasting more than six months, you may face questions about whether you maintained continuous residence. Trips longer than one year typically break the continuity requirement entirely. However, you may be able to preserve your residence by applying for a reentry permit before traveling or by demonstrating strong ties to the United States (employment, property, family).

Criminal History

Arrests, citations, or convictions can complicate your naturalization case. Even if charges were dismissed or you were not convicted, you must disclose the incident on your N-400. Certain crimes permanently bar you from naturalization, while others create temporary bars. Our attorneys carefully analyze your criminal history and advise whether you should apply now, wait, or address underlying issues first.

Tax Issues

Failure to file tax returns or pay taxes owed can be evidence of poor moral character. Before applying for citizenship, you should ensure you have filed all required tax returns and either paid any taxes owed or entered into an IRS payment plan. We recommend obtaining your IRS tax transcripts to verify your filing history.

Selective Service Registration

Male applicants who were required to register with the Selective Service but failed to do so may face challenges. If you failed to register between ages 18 and 26, you may need to provide evidence that your failure was not knowing and willful. This often requires a status information letter from the Selective Service System.

Application Errors

Mistakes on your N-400 can cause delays or denials. Common errors include incorrect dates, incomplete travel history, failure to disclose all marriages, and inconsistent information. Having an attorney review your application before filing helps catch these errors early.

Dual Citizenship Considerations

The United States allows dual citizenship, meaning you can become a U.S. citizen while retaining citizenship in your home country. However, your home country's laws determine whether it permits dual nationality. Some countries require you to renounce your original citizenship when you naturalize elsewhere, while others allow you to hold multiple citizenships.

Benefits of Dual Citizenship

• Hold passports from two countries, facilitating travel
• Own property and conduct business in both countries
• Access social benefits in both countries
• Maintain cultural and family ties to your home country
• Pass citizenship to your children in some cases

Potential Considerations

While the U.S. does not prohibit dual citizenship, there are considerations to keep in mind:

• You may be subject to taxes in both countries
• Some countries require military service of their citizens
• You must use your U.S. passport when entering and leaving the United States
• Certain U.S. government positions require you to renounce foreign citizenships

Special Paths to Citizenship

In addition to standard naturalization, there are special provisions that may apply to certain applicants:

Citizenship Through Military Service

Members of the U.S. Armed Forces may be eligible for expedited naturalization. Those who serve during designated periods of hostility may naturalize immediately, while peacetime service members may apply after one year of service. Military naturalization applicants enjoy fee waivers and other benefits.

Citizenship for Children

Children under 18 who have at least one U.S. citizen parent and are residing in the United States as lawful permanent residents may automatically acquire citizenship when their parent naturalizes. In some cases, children can derive citizenship through their parents without filing a separate application.

Citizenship Through Parents

If you were born abroad to U.S. citizen parents, you may already be a citizen and not need to naturalize. The rules for acquiring citizenship at birth through parents are complex and depend on factors including your parents' citizenship status, residence history, and when you were born.

How Modern Law Group Can Help

Navigating the naturalization process can be overwhelming, especially if you have a complex case involving extended travel, criminal history, or other issues. Modern Law Group's experienced citizenship attorneys provide comprehensive support throughout your journey to becoming an American citizen.

Our Citizenship Services Include:

• Eligibility Assessment: We review your immigration history, residence, travel, and background to determine if you're eligible to apply and identify any potential issues.
• N-400 Preparation: Our team carefully prepares your application, ensuring all information is accurate and complete. We gather supporting documents and present your case effectively.
• Document Review: We review your tax returns, travel records, and any criminal history to ensure you can demonstrate good moral character.
• Interview Preparation: We prepare you for your naturalization interview with mock interviews, civics test practice, and guidance on what to expect.
• Representation: If you wish, an attorney can accompany you to your naturalization interview to provide support and address any issues that arise.
• Issue Resolution: If you have complications such as extended travel, arrests, or tax issues, we develop strategies to address them and protect your application.

Why Choose Modern Law Group?

• Experience: Our attorneys have handled thousands of citizenship cases and understand the nuances of the naturalization process.
• Personal Attention: You work with a dedicated caseworker who speaks your language and understands your background.
• Transparent Pricing: We provide clear, upfront pricing with no hidden fees.
• Client Portal: Track your case online and upload documents securely through our client portal.
• Multilingual Support: Our team speaks English, Spanish, Russian, and other languages to serve our diverse client base.
• Proven Results: We have helped thousands of immigrants become U.S. citizens and are committed to your success.

Do You Need to Talk to a Citizenship Attorney?

If you're a lawful permanent resident ready to take the next step and become a U.S. citizen, we're here to help. Whether you have a straightforward case or face complications that require experienced legal guidance, Modern Law Group can help you navigate the naturalization process with confidence.

Contact our office today to schedule a free consultation. We'll review your situation, answer your questions about the citizenship process, and help you understand your path to becoming an American citizen. Don't let uncertainty hold you back from achieving your dream of U.S. citizenship.