Naturalization and U.S. Citizenship

Helping Permanent Residents Become U.S. Citizens

Naturalization is the legal process by which lawful permanent residents (green card holders) can become U.S. citizens. Citizenship grants voting rights, a U.S. passport, and protection from deportation, among other benefits.

Gagliano Law, PLLC, assists individuals in navigating the naturalization process, ensuring compliance with federal immigration laws, and helping applicants prepare strong petitions.

What Is Naturalization?

Naturalization is the process of becoming a U.S. citizen after meeting specific residency, language, and civic requirements. Once naturalized, individuals gain full rights and protections under U.S. law.

Who Qualifies for Naturalization?

To apply for U.S. citizenship through naturalization, an applicant must meet the following eligibility criteria:

1. Lawful Permanent Residency (Green Card Holder)

Most applicants must have a green card for at least five years.
Spouses of U.S. citizens can apply after three years of permanent residency.

2. Continuous Residence in the U.S.

Must have lived in the U.S. for at least five years (or three years if married to a U.S. citizen).
Extended trips outside the U.S. (over six months) may disrupt residency eligibility.

3. Physical Presence Requirement

Applicants must have spent at least half of their required residency time (30 months for most applicants, 18 months for spouses of U.S. citizens) physically in the U.S.

4. Good Moral Character

Applicants must show good moral character, meaning:
- No serious criminal offenses (felonies, fraud, or repeated DUI offenses).
- Compliance with tax and child support obligations.

5. English and Civics Test

Applicants must demonstrate basic English proficiency (reading, writing, and speaking).
Must pass a civics test on U.S. history and government.

6. Oath of Allegiance

Must take the Oath of Allegiance, pledging loyalty to the U.S. Constitution.

The Naturalization Process

1. File Form N-400 (Application for Naturalization)

Applicants submit Form N-400 with supporting documents and fees.
Filing can be done online or by mail.

2. Attend Biometrics Appointment

USCIS schedules a fingerprinting appointment to conduct background checks.

3. Complete the Naturalization Interview

USCIS officer reviews the application and conducts the English and civics test.
Applicants answer questions about their background and residency.

4. Receive a Decision from USCIS

Approval: The applicant receives a notice to attend the oath ceremony.
Request for Evidence (RFE): USCIS may ask for additional documents.
Denial: Applicants may appeal or reapply later.

5. Take the Oath of Allegiance

After approval, applicants attend a naturalization ceremony where they take the Oath of Allegiance and receive their Certificate of Naturalization.

Naturalization Processing Time

Step	Estimated Timeframe
Form N-400 Processing	6-18 months
Biometrics Appointment	2-6 weeks after filing
Naturalization Interview	6-12 months after filing
Oath Ceremony	2-6 weeks after approval

Exemptions and Accommodations

Age 50+ with 20+ years of residency: Exempt from the English test (must take the civics test in native language).
Age 55+ with 15+ years of residency: English test exemption applies.
Medical Disability Waiver: Applicants with disabilities that prevent them from taking the English or civics test may qualify for an exemption.

Benefits of U.S. Citizenship

Right to vote in federal, state, and local elections – U.S. citizens can participate in the democratic process by voting in presidential, congressional, state, and local elections, shaping policies and leadership.

U.S. passport for visa-free travel to many countries – A U.S. passport grants access to visa-free or visa-on-arrival travel to numerous countries, making international travel easier and often with fewer restrictions.

Protection from deportation, even if convicted of a crime – Unlike green card holders or visa holders, U.S. citizens cannot be deported, providing lifelong security and stability in the country.

Ability to sponsor family members for green cards with shorter wait times – Citizens can petition for immediate relatives, such as spouses, parents, and children, with significantly faster processing times compared to permanent residents.

Eligibility for federal jobs and government benefits – U.S. citizens have access to job opportunities in federal agencies, as well as benefits like Social Security, Medicare, and federal financial aid for education.

Alternatives If Naturalization Is Denied

If a naturalization application is denied, applicants may:

File an appeal (Form N-336) within 30 days of denial – Applicants can request a hearing with U.S. Citizenship and Immigration Services (USCIS) to challenge the decision, providing additional evidence or clarifications to support their case.
Reapply later with stronger evidence – If the denial was due to insufficient documentation or failure to meet certain requirements, applicants can gather stronger evidence, improve their qualifications, and submit a new naturalization application when eligible.
Seek legal assistance to address any eligibility concerns – Consulting with an immigration attorney can help applicants understand the reasons for denial, correct any issues, and develop a strategy to improve their chances of approval in future applications.

Frequently Asked Questions

How long does it take to become a U.S. citizen?
The naturalization process takes 6-18 months, depending on USCIS processing times.
Can I travel while my naturalization application is pending?
Yes, but applicants must maintain continuous residence in the U.S. and avoid extended trips.
What if I fail the English or civics test?
Applicants can retake the test once within 60-90 days of the initial interview.
Can I change my name during naturalization?
Yes, name changes can be requested during the N-400 process if allowed by the local court.
Does U.S. citizenship expire?
No. Unlike green cards, U.S. citizenship is permanent and does not require renewal.
Do I need to give up my current citizenship when I become a U.S. citizen?
The U.S. allows dual citizenship, but some countries may require you to renounce your original citizenship.
Can I apply for citizenship if I have a criminal record?
It depends on the nature of the crime. Some offenses may permanently bar naturalization, while others may require a waiting period before applying.
How much does it cost to apply for U.S. citizenship?
As of 2024, the naturalization application fee is $640, plus an $85 biometric fee, though fee waivers are available for eligible applicants.
Do I need to hire an attorney for my naturalization application?
Not necessarily, but legal assistance can help if your case is complicated or if you have concerns about eligibility.
Will my children automatically become U.S. citizens if I naturalize?
Children under 18 may automatically acquire citizenship if they are lawful permanent residents and living with a naturalized U.S. citizen parent.

For assistance with naturalization and U.S. citizenship applications, Gagliano Law, PLLC helps individuals complete the process smoothly. Contact us to explore your options.

Naturalization and U.S. Citizenship