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Citizenship: when you can apply, and what actually gets people denied

Naturalization applications, interview preparation and denials appealed.

Consultations by phone, Zoom or WhatsApp, in English, Spanish or Portuguese.

Short answer

Most green card holders can apply after five years, or after three years if they are still married to and living with the U.S. citizen who sponsored them. The application takes roughly 8 to 14 months. The most common reasons for denial are long trips abroad, unpaid taxes or child support, and arrests that were never disclosed.

Move from green card to U.S. citizenship without a preventable denial.

U.s. Citizenship and naturalization

The naturalization process, or becoming a United States citizen, can often be tedious and difficult. If there is criminal history involved the process can become even more detailed, maybe necessitating an attorney to write a brief explaining complicated case law in support of your application.

You must meet many requirements, including age, status, residency, moral character, and more. You will also have to undergo background checks, an interview, and a basic knowledge test. An immigration lawyer can help you with applying for naturalization and the citizenship process and assist you in preparing for your interview, including putting together a document package for the officer.

In order to qualify for naturalization, you must:

  • Be at least 18 years old;
  • Have been a green card holder, or legal permanent resident, for at least five years;
  • Have been a green card holder, or legal permanent resident, AND married to a U.S. citizen for at least three years;
  • Meet physical residency requirements;
  • Prove that you have good moral character;
  • Be able to read, write, and speak English;
  • Prove that you have a basic knowledge of U.S. history, government, and civics;

Be loyal to the principles of the U.S. Constitution.

What are the benefits of becoming a u.s. Citizen?

There are many benefits of going through the naturalization process and becoming a United States citizen. You may want to become a U.S. citizen for your own set of reasons. Some of those benefits may include the following:

  • Being able to vote;
  • Being able to serve on a jury;
  • Becoming an elected official;
  • Employment opportunities not available to noncitizens, such as federal jobs with the U.S. government or military;
  • Maintaining a U.S. passport;
  • Qualifying for certain public benefits or stimulus packages;
  • Obtaining financial aid for educational opportunities;
  • Bringing family members from your birth country to the United States;

Showing patriotism.

In return for these benefits, you will have a new set of responsibilities as a U.S. citizen. You must also support and defend the U.S. Constitution and laws of the United States. You may also be called to serve the country when required.

Yes, you will swear allegiance to the United States, but a U.S. citizen may naturalize in a foreign state or country without any risk to his or her U.S. citizenship - this is called dual citizenship. Confirm with your attorney if dual citizenship is applicable to you.

What could delay your citizenship application?

If you feel that you meet all of the requirements necessary to become a U.S. citizen, then you should speak with an immigration lawyer who handles citizenship and naturalization applications. An attorney can review your qualifications and specific history in order to help determine if there are any red flags that might delay your citizenship application or result in a denial.

If misfiled, your application may be delayed or denied if you:

  • Have a criminal history;
  • Have unpaid taxes;
  • Are past due on child support or alimony;
  • Have unsatisfied judgments;

Have traveled outside of the United States for several extended periods of time.

Although these situations could present a problem, an immigration lawyer who handles citizenship and naturalization applications can help you overcome many, if not all, challenges. You may need to explain your situation in an interview or satisfy certain deficiencies prior to filing your application. An attorney can review your circumstances and help you take the proper steps to prepare for naturalization.

The process of becoming a U.S. citizen can be complex. It is often detailed. It requires many steps that involve knowledge of U.S. laws to determine if you qualify for citizenship. However, naturalization can be worth it when you take on the benefits and responsibilities as a United States citizen.

If you're serious about obtaining your American Citizenship, we are here to help you... Let's schedule your Legal Strategy and Planning Session today.

Who qualifies?

  • Five years as a permanent resident, or three if married to a citizen

    You can file 90 days before that anniversary.

  • Physical presence and continuous residence

    At least half your time in the U.S., with no single trip of six months or more without an explanation.

  • Good moral character for the statutory period

    Arrests, unpaid taxes and unpaid child support are the usual problems, and most are fixable before filing.

  • English and civics, unless exempt

    Age and length-of-residence exemptions exist, as do medical disability waivers.

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Do you qualify? A four-question check

Do you qualify? A four-question check

Four questions covering the requirements people trip over.

  • Have you held a green card for five years (or three, if married to a U.S. citizen)?
  • Have all your trips outside the U.S. been under six months?
  • Are your taxes filed and any child support current?
  • Are you free of arrests since becoming a resident?

What does the process look like?

  1. Eligibility and risk review

    1 week

    We check the trips, taxes and record before anything is filed, because an application can trigger removal.

  2. File the N-400

    2 weeks

    With the supporting evidence attached rather than waiting for a request for evidence.

  3. Biometrics and interview

    6 to 12 months

    We run a mock interview with the actual civics questions and your own file.

  4. Oath ceremony

    0 to 3 months

    Usually scheduled within weeks of approval, sometimes the same day.

How long does it take?

Naturalization currently takes about 8 to 14 months from filing to oath in South Florida. Cases with a long absence, an arrest or a tax issue take longer because the officer will continue the case for evidence.

What does it cost?

Flat fee, quoted up front.

Naturalization is one of the most predictable cases we handle, so it is always quoted as a flat legal fee plus the government filing fee. Cases with criminal history are quoted after we review the disposition.

Frequently asked questions

Often yes, but timing matters. A single DUI outside the statutory period is usually survivable; two or a recent one usually means waiting.

Contact

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  • We reply within one business day, in English, Spanish or Portuguese.
  • Consultations by phone, Zoom or WhatsApp.
  • Attorney input is part of our case evaluation process from the start. The information you share is carefully reviewed with an attorney.

Sending this form does not create an attorney-client relationship. Call us: 954.667.3660

Take the Next Step Today

Whether you need help with a visa, a green card, or deportation defense, we're ready to help.

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