Naturalization is the legal process by which lawful permanent residents 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 with the naturalization process, ensuring compliance with federal immigration laws and helping applicants prepare strong petitions.
Who qualifies for naturalization?
- Lawful permanent residency. 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
- 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. of over six months may disrupt residency eligibility
- Physical presence. Applicants must have spent at least half of their required residency time physically in the U.S
- Good moral character. No serious criminal offenses, and compliance with tax and child support obligations
- English and civics test. Applicants must demonstrate basic English proficiency in reading, writing, and speaking, and pass a civics test on U.S. history and government
- Oath of Allegiance. Applicants must take the Oath of Allegiance, pledging loyalty to the U.S. Constitution
The naturalization process
- File Form N-400, Application for Naturalization, with supporting documents and fees. Filing can be done online or by mail
- Attend the biometrics appointment. USCIS schedules fingerprinting to conduct background checks
- Complete the naturalization interview. A USCIS officer reviews the application and conducts the English and civics test
- Receive a decision from USCIS. Approval leads to a notice to attend the oath ceremony. USCIS may issue a request for evidence. If denied, applicants may appeal or reapply later
- Take the Oath of Allegiance. Applicants attend a naturalization ceremony and receive their Certificate of Naturalization
Exemptions and accommodations
- Age 50 or older with 20 or more years of residency: exempt from the English test, and may take the civics test in their native language
- Age 55 or older with 15 or more 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
- The right to vote in federal, state, and local elections
- A U.S. passport for visa-free travel to many countries
- Protection from deportation
- The ability to sponsor family members for green cards with shorter wait times
- Eligibility for federal jobs and government benefits
Alternatives if naturalization is denied
- File an appeal using Form N-336 within 30 days of denial, requesting a hearing with USCIS
- Reapply later with stronger evidence
- Seek legal assistance to address eligibility concerns
Frequently asked questions
How long does it take to become a U.S. citizen?
The naturalization process has taken roughly 6 to 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, generally within 60 to 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?
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 offence. Some offences may permanently bar naturalization, while others may require a waiting period. Discuss any arrest with a lawyer before filing.
How much does it cost to apply for U.S. citizenship?
USCIS sets the filing and biometric fees and changes them periodically. Check the current fee schedule on the USCIS website before filing. Fee waivers and reductions are available for eligible applicants.
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. Contact us to explore your options.
