Helping You Navigate the Path to U.S. Citizenship

What Is Naturalization?

Naturalization is the legal process by which a foreign national becomes a U.S. citizen. While citizenship can be acquired by birth or through parents, naturalization is the route for Lawful Permanent Residents (green card holders) who meet certain eligibility requirements.

Becoming a U.S. citizen offers numerous benefits, including:

• Protection from deportation
• The right to vote in federal elections
• Ability to sponsor family members for immigration
• Access to federal employment opportunities
• Easier travel with a U.S. passport

The journey to citizenship can be life-changing—but it also requires careful preparation. Mistakes, omissions, or overlooked details on your application can lead to delays, denials, or even removal proceedings. That’s why it’s important to work with knowledgeable immigration attorneys who understand the full scope of the process.

Who Is Eligible to Apply for U.S. Naturalization?

To qualify for naturalization, you must meet several key requirements:

General Eligibility Criteria:

• Be at least 18 years old at the time of filing Form N-400.
• Have held Lawful Permanent Resident status (a green card) for at least 5 years, or 3 years if married to and living with a U.S. citizen.
• Have continuous residence in the United States for 5 (or 3) years.
• Have physical presence in the U.S. for at least 30 months (or 18 months if married to a U.S. citizen).
• Have resided in the USCIS district where you are applying for at least 3 months.
• Demonstrate good moral character for the statutory period (5 or 3 years).
• Be able to read, write, and speak basic English.
• Pass a U.S. civics test covering history and government topics.
• Be willing to take the Oath of Allegiance to the United States.

If you believe you qualify but are unsure due to time abroad, criminal history, or other complications, our attorneys can review your case in detail and advise you on the best strategy forward.

Important Considerations Before Filing

Naturalization is not a simple form-filing process. Several key factors may influence your application, including:

Time Spent Outside the U.S.

Extended time abroad may interrupt your required continuous residence or lead USCIS to believe you’ve abandoned your permanent resident status. If you have taken multiple long trips or have lived abroad for extended periods, it’s critical to consult with an attorney before filing.

Criminal History

A past criminal conviction—even one from many years ago—can significantly affect your naturalization application. In some cases, applying may even trigger removal proceedings. Our attorneys will:

• Review your full criminal and immigration record
• Advise you whether your conviction falls within the “good moral character” period
• Help you determine whether it’s safe to apply now or delay your application
• Assist in gathering evidence of rehabilitation, if needed

Certain criminal convictions result in automatic bars to naturalization. Others create temporary bars or heightened scrutiny. Navigating this terrain without legal guidance is extremely risky.

What Is “Good Moral Character”?

USCIS evaluates your moral character during the statutory period—either 5 years or 3 years (if applying based on marriage to a U.S. citizen). Some actions and convictions can cause USCIS to determine you do not meet this requirement.

Actions That May Impact Good Moral Character:

• Failing to file or pay taxes
• Failing to pay child support
• Convictions involving moral turpitude
• Drug offenses (excluding a single marijuana possession under 30g)
• Fraud or misrepresentation in immigration filings
• Prostitution, gambling, or vice-related convictions
• False testimony given to obtain an immigration benefit
• Aggravated felonies or murder convictions

Some offenses create permanent bars to naturalization. Others result in a temporary bar, usually five years. Even seemingly minor offenses, such as repeated traffic violations or recent arrests, may raise questions.

At Boyer Law Firm, we analyze your case thoroughly and help you gather strong evidence of rehabilitation, community involvement, and overall compliance with U.S. laws.

Understanding the Naturalization Process

Applying for U.S. citizenship through naturalization involves multiple steps. Our attorneys will guide you through each one, minimizing delays and helping you prepare a complete and accurate application.

Step 1: Initial Eligibility Review

We assess your eligibility based on residency, physical presence, moral character, and any prior immigration or criminal history.

Step 2: Prepare and File Form N-400

This application for naturalization includes detailed personal, immigration, and criminal history information. We help ensure all information is accurate, truthful, and supported by proper documentation.

Step 3: Biometrics Appointment

You will be scheduled for fingerprinting and background checks. If your name is delayed in the FBI system, we can advocate for a resolution or file necessary legal actions to compel USCIS to move your case forward.

Step 4: Interview and Exams

At your naturalization interview, a USCIS officer will ask questions about your application, assess your English skills, and administer a civics exam. We help you prepare thoroughly for this step, including studying the correct list of questions and practicing answers.

Step 5: Decision and Oath Ceremony

If approved, you’ll be scheduled to take the Oath of Allegiance, officially becoming a U.S. citizen. If denied, we will advise on whether an appeal, refiling, or federal mandamus action is the appropriate next step.

Preparing for the Naturalization Interview and Exams

One of the most important parts of the naturalization process is your USCIS interview, where an officer will ask you about your Form N-400 and administer two exams: an English test and a civics exam. Proper preparation is key to ensuring success during this stage.

The English Test

The English test has three parts:

• Reading Test: You must read one sentence aloud in English. USCIS provides a vocabulary list you can use to study in advance.
• Writing Test: You must write one sentence in English. Again, only words from the provided vocabulary list will be used.
• Speaking Test: The USCIS officer will assess your ability to speak and understand English through general conversation and questions about your application.

Exemptions may be available for older applicants who have been lawful permanent residents for a long period (e.g., age 50+ with 20 years as a green card holder). In such cases, a waiver of the English requirement and even the civics test (if there’s a qualifying disability) may apply.

The Civics Exam

The civics test covers basic knowledge of U.S. history and government. USCIS provides a list of 100 questions and answers. During the interview, you will be asked up to 10 questions and must answer at least 6 correctly to pass.

Topics include:

• U.S. Constitution and Bill of Rights
• Branches of government
• Key historical events and figures
• Rights and responsibilities of citizens
• Geography and current political leaders

If you fail either the English or civics test, USCIS will give you one more opportunity—usually within 60 to 90 days—to retake the failed portion. Failing twice requires starting the application process over.

At Boyer Law Firm, we provide tools and resources to help you prepare thoroughly for your interview and exams, including study guides, vocabulary lists, and mock interviews.

What If USCIS Delays or Denies My Application?

Delays and denials are unfortunately common in the naturalization process. Whether caused by administrative backlog, complex legal issues, or insufficient documentation, they can often be resolved with the right legal approach.

Common Reasons for Naturalization Denial:

• Application errors: Incomplete or inconsistent answers on Form N-400
• Failing the English or civics test twice
• Insufficient proof of continuous residence or physical presence
• Outstanding tax liabilities or failure to register for Selective Service
• Pending criminal cases or problematic convictions
• USCIS allegations of fraud or misrepresentation

If your application is denied, you may file a Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings. This gives you a chance to appear before a different USCIS officer and present new evidence or legal arguments.

In more serious cases, such as wrongful denial or extreme delays, we may recommend a federal mandamus lawsuit to compel USCIS to issue a decision or correct an unfair denial.

What If USCIS Won’t Make a Decision?

If your case has been stuck for more than 120 days after your interview, you have the legal right to ask a federal court to intervene. USCIS sometimes delays cases due to “background checks,” pending FBI name clearance, or internal review processes.

In such cases, our attorneys can file a Mandamus Action in federal court. These lawsuits force USCIS to take action, either by approving, denying, or setting your application for a final interview. Most mandamus cases result in timely decisions shortly after the lawsuit is filed.

Not all citizenship is acquired through naturalization. Some individuals may already be U.S. citizens through a parent’s citizenship, even if they were born abroad.

Citizenship at Birth

A child born outside the U.S. to a U.S. citizen parent may automatically acquire U.S. citizenship at birth, depending on:

• The citizenship status of the parent(s)
• The marital status of the parents at the time of birth
• How long the U.S. citizen parent resided in the U.S. prior to the child’s birth

In many cases, children born abroad to U.S. citizen parents are eligible for a Consular Report of Birth Abroad (CRBA) and a U.S. passport.

Derivative Citizenship After Birth

If a lawful permanent resident child is under 18, residing in the U.S., and one or both parents become naturalized citizens, the child may automatically derive U.S. citizenship without filing a separate naturalization application.

To obtain proof of derivative citizenship, you may file:

• Form N-600: Application for Certificate of Citizenship
• Or apply for a U.S. passport directly through the Department of State

If you’re unsure whether you or your child qualifies for derivative citizenship, our attorneys can evaluate your family history and immigration record to provide clarity and next steps.

Benefits of Becoming a U.S. Citizen

Naturalization is more than just a legal milestone—it opens the door to new rights, freedoms, and opportunities in the United States.

Legal and Civic Benefits

• Voting Rights: Only U.S. citizens can vote in federal elections.
• Protection from Deportation: U.S. citizens cannot be removed from the country based on future criminal conduct.
• U.S. Passport: Gain access to visa-free travel to over 180 countries.
• Eligibility for Federal Jobs: Many government positions are only open to U.S. citizens.
• Running for Public Office: Citizens can run for elected positions at local and state levels.

Immigration Benefits

• Sponsor More Family Members: Citizens can petition for spouses, children, parents, and siblings—many with shorter wait times than green card holders.
• Automatic Citizenship for Children: Your children may derive citizenship automatically when you naturalize, depending on age and residency.
• Easier Reentry into the U.S.: Avoid the risk of losing permanent residency status after long trips abroad.

Why Work with an Immigration Attorney?

While naturalization may seem like a straightforward process, small mistakes can carry major consequences. Filing on your own increases the risk of delays, denials, and even deportation in some cases.

At Boyer Law Firm, our Florida-based immigration attorneys offer:

• Personalized consultations to assess your eligibility
• Careful preparation of your Form N-400 and all supporting documentation
• Guidance in managing complications such as absences from the U.S. or past arrests
• Preparation for your USCIS interview and tests
• Representation in appeals, denials, or mandamus lawsuits when needed