Citizenship or naturalization Lawyer

Naturalization is the legal process through which a Lawful Permanent Resident (Green Card holder) becomes a U.S. citizen. To be eligible to file Form N-400 (Application for Naturalization), you must meet the following criteria:

• Be at least 18 years old at the time of filing.
• Be a Lawful Permanent Resident for at least 5 years (or 3 years if married to a U.S. citizen).
• Demonstrate continuous residence and physical presence in the United States.
• Demonstrate good moral character and an understanding of the U.S. Constitution.

Pass the basic U.S. English and Civics tests (unless eligible for an exemption).

• The 5-Year Rule: The general requirement for most Green Card holders. You can apply 90 days before reaching your 5th anniversary as a Lawful Permanent Resident.
• The 3-Year Rule: An accelerated track for Green Card holders who have been married to and living with a U.S. citizen spouse for at least 3 years. You can file 90 days before reaching your 3rd anniversary as a permanent resident, provided your spouse has been a U.S. citizen for the entire 3 years.

To qualify for citizenship, you must meet two distinct travel-related rules:

• Continuous Residence: Maintaining your primary domicile in the U.S. Trips abroad lasting more than 6 months create a presumption of breaking continuous residence, while trips lasting 1 year or longer automatically break continuous residence (unless Form N-470 was approved).
• Physical Presence: You must have been physically present inside the United States for at least 30 months out of the 5 years (or 18 months out of the 3 years if applying under the marital rule) prior to filing Form N-400.

Yes. Certain applicants may qualify for exemptions based on age, length of permanent residence, or medical disability:

• 50/20 Exemption: If you are age 50 or older and have lived in the U.S. as a Green Card holder for at least 20 years, you are exempt from the English test (you may take the civics test in your native language with an interpreter).
• 55/15 Exemption: If you are age 55 or older and have lived in the U.S. as a Green Card holder for at least 15 years, you are also exempt from the English test.
• 65/20 Exception: If you are age 65 or older and have been a permanent resident for 20 years, you receive a simplified, shorter civics test in your native language.
• Form N-648 Medical Disability Exception: Applicants with physical, developmental, or mental impairments that prevent them from learning English or civics can request a full test waiver signed by a licensed medical professional.

USCIS requires applicants to demonstrate Good Moral Character during the statutory 3-year or 5-year period. Factors that can negatively impact GMC or lead to naturalization denials include:

• Failure to pay federal, state, or local taxes (or lack of an active IRS payment plan).
• Outstanding child support or alimony payments.
• Criminal convictions, including DUIs, domestic violence, or drug-related offenses.
• Unregistered Selective Service registration for male applicants who lived in the U.S. between ages 18 and 26.
• Voting unlawfully or claiming to be a U.S. citizen prior to naturalization.

Having an arrest or conviction record does not automatically disqualify you, but it requires careful legal review. Certain offenses (such as aggravated felonies) create a permanent bar to citizenship, while minor offenses may only require waiting out the statutory GMC period or providing certified court disposition records showing full sentence completion. An immigration attorney should review your complete criminal record before filing Form N-400.

At your N-400 interview, a USCIS officer will:

• Review your Form N-400 answers line-by-line to confirm your background and eligibility.
• Administer the English reading, writing, and speaking tests (unless exempt).
• Administer the U.S. Civics exam (asking up to 20 questions from the 128 official test items, requiring 12 correct answers to pass).

If approved, USCIS schedules you for a Judicial or Administrative Oath Ceremony, where you surrender your Green Card and receive your Certificate of Naturalization.

While Form N-400 may seem straightforward, filing with unaddressed tax issues, travel breaks, or prior immigration/criminal history can put not only your naturalization at risk, but your existing Green Card as well. At Transparent Justice Law Firm, P.C., Attorney Tina Genovese-Muñoz conducts thorough case audits, prepares full evidentiary filings for complex cases, and provides mock interviews to ensure you walk into USCIS with absolute confidence.