Naturalization and Citizenship Services

What is Naturalization?

Naturalization is the legal process through which a lawful permanent resident (green card holder) becomes a U.S. citizen. It involves meeting specific eligibility requirements, filing an application, attending an interview, passing English and civics tests, and taking an Oath of Allegiance to the United States.

While permanent residency allows you to live and work in the United States indefinitely, citizenship grants additional rights and benefits, including voting rights, protection from deportation, ability to travel with a U.S. passport, and eligibility for certain government jobs.

Eligibility Requirements for Naturalization

To be eligible for naturalization, you generally must:

• Be at least 18 years old
• Be a lawful permanent resident (green card holder)
• Meet continuous residence requirements: Usually 5 years as a permanent resident before applying (or 3 years if married to a U.S. citizen)
• Meet physical presence requirements: Be physically present in the U.S. for at least half of the required residence period
• Reside in the state where you apply for at least 3 months
• Demonstrate continuous residence: No trips outside the U.S. of 6 months or longer (with some exceptions)
• Demonstrate good moral character: Generally for the statutory period (5 or 3 years) before filing and up until taking the Oath of Allegiance
• Demonstrate attachment to the U.S. Constitution
• Demonstrate ability to read, write, and speak basic English (with certain exemptions based on age and length of residence)
• Pass a test on U.S. government and history (civics test)
• Take an Oath of Allegiance to the United States

Special Eligibility Categories

Some individuals may qualify for naturalization under special provisions:

• Spouses of U.S. citizens: May apply after 3 years of permanent residence if they have been living in marital union with their citizen spouse
• Military service members: May qualify for expedited or modified naturalization requirements
• Children of U.S. citizens: May automatically acquire citizenship in certain circumstances
• Older permanent residents: May have modified English test requirements or exemptions

The Naturalization Process

The naturalization process involves several steps:

Step 1: Determine Eligibility

Assess whether you meet all the requirements for naturalization, including:

• Confirming you've been a permanent resident for the required period
• Calculating physical presence in the United States
• Evaluating any potential good moral character issues
• Determining if you qualify for any exemptions or special provisions

Step 2: Prepare and File Form N-400

Complete and file Form N-400, Application for Naturalization, with USCIS. The application requires extensive information about:

• Personal information and residence history
• Employment and education history
• Time spent outside the United States
• Marital history and information about children
• Organizational memberships and affiliations
• Good moral character questions
• Attachment to the Constitution

You'll need to submit the application with the filing fee, photos, and supporting documentation.

Step 3: Biometrics Appointment

After filing, you'll receive a notice to attend a biometrics appointment where USCIS will collect your fingerprints, photograph, and signature.

Step 4: Naturalization Interview

Attend an interview with a USCIS officer who will:

• Review your application and supporting documentation
• Ask questions about your application and background
• Administer the English test (reading, writing, and speaking components)
• Administer the civics test (U.S. government and history)

Step 5: Decision on Your Application

After your interview, USCIS will make one of three decisions:

• Approval: Your application is granted
• Continuation: USCIS needs additional information or documentation
• Denial: Your application is rejected (with reasons provided)

Step 6: Oath of Allegiance Ceremony

If approved, you'll receive a notice to attend an Oath of Allegiance ceremony. At this ceremony, you will:

• Return your permanent resident card (green card)
• Take the Oath of Allegiance to the United States
• Receive your Certificate of Naturalization

Once you take the Oath of Allegiance, you are a U.S. citizen!

Potential Challenges in the Naturalization Process

Several issues can complicate the naturalization process:

• Extended absences from the United States that may break continuous residence
• Criminal history that could affect good moral character determination
• Tax compliance issues including failure to file or pay taxes
• Selective Service registration issues for male applicants
• Prior immigration violations or misrepresentations
• Inconsistencies between naturalization application and previous immigration applications
• Difficulties with the English or civics tests

Rights and Responsibilities of U.S. Citizenship

Rights of U.S. Citizens

• Right to vote in federal elections
• Right to run for elected office (with certain limitations for naturalized citizens regarding the presidency)
• Freedom from deportation (except in cases of denaturalization)
• Ability to travel with a U.S. passport
• Eligibility for federal jobs and security clearances
• Ability to petition for more family members with shorter waiting times
• Access to certain government benefits not available to non-citizens
• Consular protection when traveling abroad

Responsibilities of U.S. Citizens

• Support and defend the U.S. Constitution
• Obey federal, state, and local laws
• Serve on a jury when summoned
• File and pay taxes honestly
• Register with the Selective Service (for males 18-26)
• Participate in the democratic process

Citizenship Through Parents (Acquisition and Derivation)

In addition to naturalization, U.S. citizenship can be acquired through parents in two ways:

Acquisition of Citizenship at Birth

Children born outside the U.S. may acquire citizenship at birth if at least one parent is a U.S. citizen and meets certain residency requirements. The specific requirements depend on:

• Whether the child was born in or out of wedlock
• Whether one or both parents are U.S. citizens
• The length of time the U.S. citizen parent lived in the United States
• The laws in effect at the time of the child's birth

Derivation of Citizenship After Birth

Children may automatically derive U.S. citizenship after birth if:

• At least one parent is a U.S. citizen (by birth or naturalization)
• The child is under 18 years of age
• The child is a lawful permanent resident
• The child is in the legal and physical custody of the U.S. citizen parent

The specific requirements have changed over time with different laws, so the applicable rules depend on when key events (like the parent's naturalization or the child's permanent residence) occurred.

Our Naturalization and Citizenship Services

JZ Law Group provides comprehensive legal services for naturalization and citizenship matters, including:

• Evaluating eligibility for naturalization
• Assessing potential challenges or complications
• Preparing and filing Form N-400 applications
• Assisting with documentation of physical presence and continuous residence
• Addressing good moral character issues
• Preparing clients for naturalization interviews and tests
• Representing clients at USCIS interviews
• Responding to Requests for Evidence (RFEs)
• Filing appeals or motions if an application is denied
• Assessing eligibility for citizenship through acquisition or derivation
• Applying for Certificates of Citizenship

Why Choose JZ Law Group for Your Naturalization Case

Our firm has extensive experience guiding permanent residents through the naturalization process. We understand that while many naturalization cases are straightforward, others present unique challenges that require careful legal analysis and strategic approaches.

We provide personalized guidance for each client, addressing specific concerns such as lengthy absences from the U.S., past criminal issues, tax compliance matters, and other potential obstacles to citizenship. Our goal is to help you navigate this final step in your immigration journey with confidence and peace of mind.

For complex cases, we offer strategic solutions and creative approaches to address potential barriers to naturalization, always with full compliance with immigration laws and regulations.