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Ready to make the transition from a resident to a U.S. citizen? Houston-based Ochoa & Hill Law Group is committed to guiding you through the citizenship journey, helping you meet all criteria and providing the necessary support for a smooth and successful naturalization process.

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Comprehensive Guide to U.S. Citizenship through Naturalization (N-400)

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Comprehensive Guide to U.S. Citizenship through Naturalization (N-400)

Introduction

Applying to become a U.S. citizen through naturalization is the legal process by which individuals who weren’t born in the United States can achieve the honored status of U.S. citizenship. This process represents a momentous step, providing individuals with the full rights and obligations of American citizenship, such as the right to vote in local, state, and federal elections. Naturalization is essentially the finish line to many immigrants. In this short guide, we will detail the path to U.S. citizenship through naturalization, detail the application process, explain eligibility requirements, as well as the necessary forms required and USCIS filing fees.

Who Is Eligible for Citizenship / Naturalization?

In most instances, lawful permanent residents (commonly known as green card holders) who’ve satisfied specific residency and eligibility conditions qualify to apply for U.S. citizenship through naturalization. The key eligibility requirements include the maintenance of continuous residence in the United States, a demonstration of good moral character, and proficiency in speaking, reading, and writing English.

What are the Eligibility Requirements for U.S. Citizenship through Naturalization?

To secure U.S. citizenship through naturalization, applicants must meet the following conditions:

Minimum Age: You must be at least 18 years old;
Permanent Residence: You must be a lawful permanent resident (green card holder) for at least 5 years (3 years if permanent residence is through marriage);
Continuous Residence & Physical Presence: Applicants must show that they have continuously resided in the U.S. Any trips outside the U.S. that last more than 6 months could interrupt the applicant’s claim that they continually resided in the United States through the duration of their permanent residency.
Demonstrate Good Moral Character: Applicants must demonstrate that they are a person of good moral character. If an applicant previously owes taxes or has a criminal history, that will need to be disclosed, even if the record is expunged or it did not result in a conviction.
English Language Proficiency: Applicants must be proficient in the English language, which includes the ability to speak, read, and write, is an important part of eligibility.
- Exceptions to English Language Requirement:
  - 55 years or older and permanent resident for at least 15 years; or
  - 50 years or older and permanent resident for at least 20 years.
Civics Test: Applicants must be knowledgeable on U.S. government and history.
- Exceptions to Civics Exam:
  - 65 years or older and permanent resident for at least 20 years are eligible to take a simplified version of the civics test.
Oath of Allegiance

Forms for Citizenship / Naturalization Application

The primary document necessary for the naturalization process is Form N-400, officially titled the Application for Naturalization. This comprehensive form collects information regarding your personal background, residency history, and qualifications for U.S. citizenship. In combination with Form N-400, applicants must also furnish supporting documents, including a copy of their green card, proof of residence, and any other requisite evidentiary material.

Conclusion

Please note that the content contained in this article is intended solely for informational purposes and should not be regarded as legal counsel. This information should not be regarded as a replacement for qualified legal advice. For tailored guidance and professional legal support, please do not hesitate to contact us at Ochoa & Hill Law Group, located in Houston, Texas. Your individual circumstances can have a substantial impact on your citizenship / naturalization eligibility and other immigration-related matters.

To ensure a seamless process, consider consulting with our experienced immigration attorneys at Ochoa & Hill Law Group. Contact us at (713) 984-4823 to schedule a consultation.

Disclaimer: The information provided above is not intended as legal advice. Each immigration case is unique, and individuals should seek personalized legal guidance.

Frequently Asked Questions

Yes, you can apply for citizenship even if your green card is about to expire. However, it’s recommended to renew your green card if it will expire within six months, as having a valid green card is important for your status and travel purposes.

Yes, you can travel outside the U.S. after applying for naturalization, but you must maintain your continuous residence and physical presence requirements. Extended trips may affect your eligibility, so it’s crucial to plan your travel accordingly.

You can check the status of your N-400 application online through the USCIS Case Status Online tool by entering your receipt number. Alternatively, you can contact the USCIS National Customer Service Center.

The oath of allegiance ceremony is the final step in the naturalization process, where applicants swear allegiance to the United States, renouncing any prior allegiance to other countries. After taking the oath, you will receive your Certificate of Naturalization.

Yes, your N-400 application can be denied for various reasons, such as failing the English or civics test, not meeting residency requirements, or having issues with moral character. If denied, you can request a hearing with a USCIS officer or reapply.

If your name has changed since receiving your green card, you should provide documentation of the name change, such as a marriage certificate, divorce decree, or court order, when you submit your N-400 application.

Yes, you can apply for a medical waiver using Form N-648, Medical Certification for Disability Exceptions. This form must be completed by a licensed medical professional, certifying that you have a physical or developmental disability or mental impairment that prevents you from fulfilling the English and civics requirements.

If you lose your Certificate of Naturalization, you need to file Form N-565, Application for Replacement Naturalization/Citizenship Document, along with the required fee, to obtain a replacement certificate.

While it is not necessary to hire an attorney, having legal representation can be beneficial, especially if your case is complex or if you have any concerns about your eligibility. An experienced immigration attorney can provide guidance and ensure your application is properly prepared and submitted.

You can prove continuous residence by providing documents such as tax returns, employment records, lease agreements, utility bills, bank statements, and school records that show you have been living in the U.S. during the required period.

If your N-400 application is denied, you can reapply at any time. However, it is recommended to address the reasons for the denial before reapplying to improve your chances of approval. Alternatively, you can file an appeal within 30 days of the denial decision.

Yes, you can apply for naturalization while your Form I-90, Application to Replace Permanent Resident Card, is pending. You should submit a copy of your receipt notice for the Form I-90 application along with your N-400 application.

The biometrics appointment is a required step in the naturalization process where USCIS collects your fingerprints, photograph, and signature. This information is used for background checks and to verify your identity.

If you cannot attend your scheduled interview or oath ceremony, you must notify USCIS as soon as possible. For the interview, send a written request to the USCIS office that scheduled your interview. For the oath ceremony, follow the instructions provided in your oath ceremony notice to request a reschedule.