Citizenship & Naturalization Attorneys
Experienced legal representation for citizenship & naturalization matters across all 50 states.
About Citizenship & Naturalization
Citizenship and naturalization represent the culmination of the immigration journey, granting foreign nationals the full rights and responsibilities of United States citizenship. Naturalization is the legal process by which a lawful permanent resident (green card holder) becomes a U.S. citizen by meeting specific eligibility requirements and taking the Oath of Allegiance. The process is governed by the Immigration and Nationality Act (INA), Title III, and administered by U.S. Citizenship and Immigration Services (USCIS).
The general requirements for naturalization include being at least 18 years old, having been a lawful permanent resident for at least five years (or three years if married to and living with a U.S. citizen), maintaining continuous residence and physical presence in the United States, demonstrating good moral character, passing English language and U.S. civics tests, and demonstrating attachment to the principles of the U.S. Constitution. The application is filed on Form N-400, and the process includes biometrics collection, an in-person interview with a USCIS officer, and the oath ceremony.
U.S. citizenship may also be acquired at birth through the principles of jus soli (birth on U.S. soil) or jus sanguinis (birth abroad to U.S. citizen parents), or derived automatically by certain children of naturalized citizens under the Child Citizenship Act of 2000. Understanding whether someone already has a claim to citizenship through these pathways can be complex and may require analysis of historical citizenship and nationality laws. Citizenship provides rights that permanent residents do not have, including the right to vote, serve on a federal jury, hold certain government positions, sponsor additional family members for immigration, receive full protection from deportation, and obtain a U.S. passport for unrestricted international travel.
Why You Need a Citizenship & Naturalization Attorney
Naturalization provides permanent security that even a green card cannot guarantee. Lawful permanent residents remain subject to deportation for certain criminal convictions, extended absences from the United States, or other grounds of removability. Citizens cannot be deported except in cases of denaturalization for fraud. Citizenship also provides additional family sponsorship options, including the ability to petition for parents and siblings and to sponsor a spouse as an immediate relative without numerical caps.
The naturalization process, while straightforward for many applicants, can be complicated by issues such as criminal history, extended travel outside the United States, tax filing gaps, selective service registration failures, or prior immigration violations. These issues can not only prevent naturalization but may inadvertently trigger removal proceedings. Approximately 9 percent of naturalization applications are denied each year, often for preventable reasons that proper legal guidance could have addressed before filing.
Common Citizenship & Naturalization Cases
Standard Five-Year Naturalization
Green card holders applying for citizenship after five years of permanent residence, demonstrating continuous residence, physical presence, good moral character, and passing the English and civics tests.
Three-Year Marriage-Based Naturalization
Permanent residents married to U.S. citizens applying after three years, requiring proof of ongoing marital union and shared residence throughout the statutory period.
Military Naturalization
Active-duty service members and veterans applying for expedited naturalization under INA Sections 328 and 329, with reduced or waived residency and physical presence requirements.
Derived Citizenship Claims
Determining whether individuals automatically acquired U.S. citizenship through naturalized parents under the Child Citizenship Act of 2000 or prior applicable laws.
Citizenship Through Acquisition
Establishing U.S. citizenship at birth for individuals born abroad to U.S. citizen parents, requiring analysis of the applicable law at the time of birth.
Naturalization with Criminal History
Evaluating whether past criminal convictions create good moral character bars and advising on timing, waivers, and risk assessment before filing the N-400.
Typical Citizenship & Naturalization Case Timeline
Eligibility Pre-Screening
1-2 weeksAttorney reviews your green card date, residence history, travel records, criminal background, tax filings, and other factors to confirm eligibility and identify potential issues.
N-400 Preparation & Filing
2-4 weeksCompleting the naturalization application, gathering supporting documents (tax returns, travel records, marriage certificates if applicable), and filing with USCIS.
Biometrics Appointment
2-6 weeks after filingAttending a scheduled appointment at a USCIS Application Support Center for fingerprinting and photographs for background check purposes.
USCIS Processing & Interview Scheduling
6-18 monthsUSCIS conducts background checks and reviews the application. Processing times vary significantly by field office, ranging from 6 months to over 18 months.
Naturalization Interview & Tests
1 dayIn-person interview where a USCIS officer reviews the application, tests English proficiency, and administers the civics test (10 questions from a pool of 100).
Oath Ceremony
Same day to 3 months after approvalTaking the Oath of Allegiance at a ceremony, after which you receive a Certificate of Naturalization and are officially a U.S. citizen.
Know Your Rights
- You have the right to apply for naturalization as soon as you are eligible, typically five years after receiving your green card (or three years if married to a U.S. citizen).
- You can file your N-400 up to 90 days before meeting the residency requirement, allowing earlier filing and processing.
- You have the right to request disability-related accommodations for the naturalization interview and test, including sign language interpreters.
- If you are over 50 and have been a permanent resident for 20+ years (50/20 rule) or over 55 with 15+ years (55/15 rule), you may take the civics test in your native language.
- Applicants over 65 who have been permanent residents for 20+ years are given a simplified civics test with only 20 possible questions.
- If you fail the English or civics test, you have the right to retake it once within 60 to 90 days of your initial interview.
- If your naturalization application is denied, you have the right to request a hearing before a different USCIS officer and, if still denied, to seek judicial review in federal district court.
What to Look for in a Citizenship & Naturalization Attorney
When choosing a naturalization attorney, look for someone who conducts a thorough pre-screening of your eligibility before filing. A good attorney will review your entire immigration history, criminal background, tax records, travel history, and selective service registration to identify any issues that could cause a denial or, worse, trigger removal proceedings. This pre-filing analysis is the most valuable service a naturalization attorney provides. Look for attorneys experienced with complex naturalization cases, particularly if you have any criminal history, extended absences from the United States, or gaps in your immigration record. AILA membership and specific experience with your USCIS field office are beneficial. For straightforward cases, some attorneys offer flat-fee packages that include filing, interview preparation, and accompaniment to the interview.
Questions to Ask Your Citizenship & Naturalization Attorney
- 1Are there any issues in my immigration or criminal history that could affect my naturalization eligibility or trigger removal proceedings?
- 2Have I maintained sufficient continuous residence and physical presence, especially given my travel history?
- 3Do I need to address any tax filing gaps or selective service registration issues before applying?
- 4How should I prepare for the English and civics tests, and are there accommodations available?
- 5What is the current processing time at my local USCIS field office?
- 6Will you accompany me to the naturalization interview?
- 7If I am denied, what are my options for a hearing or appeal?
Understanding Citizenship & Naturalization Legal Costs
Naturalization is one of the more predictable immigration processes in terms of cost. The USCIS filing fee for Form N-400 is $760, which includes biometrics. Applicants age 75 and older are exempt from the biometrics fee. Fee waivers (Form I-912) are available for applicants whose household income is at or below 150% of the Federal Poverty Guidelines, or who receive certain means-tested benefits. Reduced fees ($380) are available for applicants with income between 150% and 200% of the poverty guidelines. Attorney fees for naturalization typically range from $800 to $2,500, with most falling around $1,000 to $1,500 for standard cases. Complex cases involving criminal history, extended absences, or complicated moral character issues may cost more. Military naturalization applicants are exempt from USCIS filing fees.
Key Legal Terms
Video Resources
These videos are provided for informational purposes only. The attorneys and organizations featured are not affiliated with or endorsed by Northwind Law.
US Citizenship Test: All 100 Official Questions and Answers
US Citizenship Help Guide
Naturalization Interview Practice
US Citizenship Help Guide
N-400 Citizenship Application: Tips and Common Mistakes
Hacking Immigration Law, LLC
Frequently Asked Questions About Citizenship & Naturalization
Citations & Sources
- [1]USCIS processed approximately 967,500 naturalization applications and granted citizenship to about 878,500 individuals in fiscal year 2023. — DHS Office of Immigration Statistics
- [2]An estimated 9.2 million lawful permanent residents were eligible for naturalization as of 2022 but had not yet applied. — DHS Office of Immigration Statistics
- [3]The naturalization denial rate has consistently been approximately 9 percent in recent fiscal years, with common reasons including failure to establish good moral character and insufficient residence. — USCIS
- [4]The Child Citizenship Act of 2000 provides automatic citizenship to certain children of U.S. citizens who are under 18 and in the custody of and residing with their citizen parent. — USCIS Policy Manual
- [5]Military service members and veterans are eligible for expedited naturalization under INA Sections 328 and 329 with reduced or waived residency requirements. — USCIS
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