When Should You Speak With a Dallas Citizenship Lawyer?
You should speak with a citizenship lawyer before filing if you have arrests or criminal history, long trips outside the United States, unpaid taxes or child support, prior immigration violations, inconsistencies in earlier filings, a prior denial, or any concern that applying could create risk.
Legal review is also important if you plan to apply under the three-year marriage rule, believe you may already have citizenship through a parent, or need help responding to a delay or request from USCIS.
What are the Requirements for Applying for American Citizenship?
To apply for naturalization, most applicants must be at least 18 years old, hold lawful permanent resident status for the required period, satisfy continuous residence and physical presence requirements, show good moral character, and demonstrate the required English and civics knowledge unless an exception or waiver applies.
Most applicants also must:
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Have held a green card for five years, or for three years if eligible under the marriage-based rule;
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Have lived for the required period in the United States and within the state or USCIS district where they file;
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Be physically present in the United States for the required amount of time;
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Continue to meet eligibility requirements through the time of naturalization; and
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Be prepared to answer questions about travel, employment, family, and prior filings.
Not every path to citizenship follows the standard five-year rule. Some individuals may qualify through marriage to a U.S. citizen, military service, or may already have acquired or derived citizenship through a parent. Before filing Form N-400, it is important to determine which category applies to your case.
Common Reasons for Denial of Citizenship
Citizenship applications are often delayed or denied because of preventable problems. Common issues include inaccurate or incomplete Form N-400 information, missing supporting documentation, extended travel outside the United States, arrests or criminal history, unpaid taxes or child support, and inconsistencies between the naturalization application and prior immigration filings.
In some cases, filing without a careful legal review can do more than slow the process down. It can expose issues that affect good moral character or lawful permanent resident status. At Pollak PLLC, we review these concerns carefully so our clients can move forward with greater clarity and confidence.
- Application Errors: One of the most common reasons why citizenship applications are denied is also one of the most straightforward: Mistakes on the immigration paperwork. In some cases, applicants accidentally put inaccurate information in their application. In other cases, applicants fail to include certain necessary documents or records. Regardless, a seemingly simple application error could result in the denial of citizenship.
- Applicant cannot speak/write English: Applicants are required to speak, understand and write in the English language. An exception exists where the applicant is at least 50 years old and has maintained permanent residency for at least 20 years, or is at least 55 years old and has maintained permanent residency for at least 15 years. Here, the applicant may have the examination performed in his or her native language. The applicant may also apply for a Waiver if he or she is unable to learn English due to a medical condition.
- Failure of History/Civics Exam: As part of the application process, you may be required to pass an American history and U.S. civics examination. A failure of these tests could lead to the denial of your application for citizenship through naturalization.
- Arrests: An applicant may be denied citizenship if he or she is on probation for any crime committed at the time of interview. An applicant may also be denied Citizenship if he or she committed a crime involving moral turpitude. As noted previously, an applicant for citizenship through naturalization must demonstrate positive moral character. An arrest could cause problems in the citizenship application process.
Application Procedure
The naturalization process generally begins with an eligibility review and the preparation of Form N-400, Application for Naturalization. Depending on the case, the application may be filed online or submitted to USCIS by paper filing. After filing, USCIS may schedule a biometrics appointment, followed by a naturalization interview and English/civics testing unless an exception or waiver applies. If the application is approved, the applicant is scheduled for the oath ceremony.
In some cases, applicants may file up to 90 days before they satisfy the continuous residence requirement. Because filing mechanics and supporting document requirements can change, applicants should confirm current USCIS requirements before submitting any application.
The process typically includes:
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Confirming the correct naturalization path and timing;
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Preparing Form N-400 and supporting records;
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Responding to biometrics instructions, if issued by USCIS;
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Preparing for the interview and English/civics test, if required; and
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Attending the oath ceremony after approval.
How to Become a Naturalized US Citizen (Permanent Residents with No Special Circumstances)
Applying for citizenship through naturalization can be a stressful, daunting process. The good news is that you do not need to go through it alone. Our managing immigration attorney Karen-Lee Pollak will work proactively to protect your best interests. Among other things, our Dallas citizenship & naturalization lawyer is prepared to:
- Answer questions and explain the process during a confidential case review;
- Gather the documents, records, and information you need to move forward;
- Help you with the citizenship through naturalization paperwork; and
- Take all required steps to help you and your family get the best outcome.
Our firm provides full-service professional legal advice and representation to help you find an immigration solution to your visa needs. With a deep understanding of U.S. immigration law and naturalization law, our Dallas, TX citizenship lawyer provides personalized guidance and support to each and every client. Your immigration needs matter to us.
Call Pollak PLLC, Immigration Lawyer for Citizenship
At Pollak PLLC, our Dallas immigration lawyer has the skills and experience to handle the full range of citizenship and naturalization cases. If you have any questions about your case, we are more than happy to help. Call us at (214) 307-5510 or fill out our online contact form to arrange a confidential case evaluation. With a legal office in Dallas, we serve clients throughout the region, including in Dallas County, Tarrant County, Collin County, Denton County, and Kaufman County.
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