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U.S Citizenship
Your Journey to Citizenship Starts with the Right Counsel.
U.S. Citizenship Attorney based in New York City and serving all 50 States.
At Jessop Law Firm, LLC, led by Immigration Attorney Eliot Jessop, we provide strategic informative guidance to individuals in New York City and all 50 States seeking to become U.S. citizens through naturalization. Helping families secure long-term stability and legal status in the United States is central to our mission.
The naturalization process involves detailed eligibility requirements, filing Form N-400 (Application for Naturalization), biometrics, a civics and English examination, and an interview with U.S. Citizenship and Immigration Services (USCIS). Each step requires accuracy and preparation.
Benefits of U.S. Citizenship: Why Naturalization Matters?
Becoming a U.S. citizen through naturalization is an important legal milestone. Citizenship provides permanent security, expanded rights, and long-term stability under U.S. law. While the path to naturalization requires meeting specific eligibility requirements and completing the application process, the benefits are substantial.
1. Eligibility for Federal Employment and Certain Government Benefits
Many federal jobs are limited to U.S. citizens. Citizenship may also provide eligibility for certain public benefits and federal financial aid programs that are not available to non-citizens.
2. Expanded Family Sponsorship Options
U.S. citizens may petition for a broader range of family members, including:
- Spouses
- Parents
- Children (married or unmarried)
- Siblings
Immediate relatives of U.S. citizens are not subject to annual visa caps, which can reduce wait times in many cases.
3. Protection from Deportation
U.S. citizens generally cannot be removed from the United States. Citizenship provides the highest level of immigration security available under federal law.
4. U.S. Passport and International Travel
U.S. citizens may apply for a U.S. passport, which allows international travel and access to U.S. consular protection abroad.
5. The Right to Vote
U.S. citizens have the right to vote in federal, state, and local elections. Voting allows full participation in the democratic process and the ability to influence public policy.
Why Citizenship Provides Long-Term Stability?
Naturalization secures permanent status in the United States and removes many of the vulnerabilities associated with non-citizen status. For many individuals and families, citizenship represents legal certainty and expanded opportunity.
How to Apply for U.S. Citizenship: Naturalization Process Explained?
If you are preparing to apply for U.S. citizenship through naturalization, it is important to understand the legal requirements. Not every lawful permanent resident (green card holder) is immediately eligible to apply. Federal law sets specific eligibility criteria that must be satisfied before filing Form N-400 (Application for Naturalization) with U.S. Citizenship and Immigration Services (USCIS).
Most applicants must be:
- 18 or older
- A lawful permanent resident (LPR/green card holder) for the required period (often 5 years, or 3 years if eligible through marriage to a U.S. citizen)
- Able to show continuous residence and physical presence
Before filing, review anything that can affect eligibility, such as:
- Arrests/convictions
- Long trips outside the U.S.
- Tax issues
- Prior immigration violations
You must file Form N-400 (Application for Naturalization) with U.S. Citizenship and Immigration Services (USCIS), along with required evidence (identity, LPR status, marriage history if relevant, etc.).
USCIS schedules a biometrics appointment to collect fingerprints and run background checks.
Most applicants must demonstrate:
- Basic English (reading/writing/speaking)
- Knowledge of U.S. history and government (civics)
(Some applicants qualify for exceptions.)
At the interview, a USCIS officer:
- Reviews for your N-400
- Confirms eligibility
- Administers the civics and English tests (if applicable)
USCIS may either:
- Approve,
- Continue the case (request more info or a second interview), or
- Deny.
If approved, you attend a ceremony, take the Oath of Allegiance, and become a U.S. citizen. You then receive a Certificate of Naturalization.
Common Reasons for U.S. Citizenship Denial
Applying for U.S. citizenship through naturalization requires strict compliance with eligibility rules and accurate completion of Form N-400 (Application for Naturalization). Below are the most common reasons applications are denied—organized from the most serious legal barriers to more procedural issues.
1. Criminal History or Lack of Good Moral Character
One of the most serious grounds for denial involves failure to establish good moral character during the statutory period.
USCIS evaluates whether the applicant has demonstrated good moral character during the statutory period.
Certain offenses, especially aggravated felonies can permanently bar naturalization. Other criminal convictions, immigration violations, false statements, or tax issues may create temporary bars or discretionary concerns under the Immigration and Nationality Act.
2. Failure to Meet Continuous Residence or Physical Presence Requirements.
Applicants must meet specific continuous residence and physical presence requirements. Extended trips outside the United States or abandonment of residence may break the required residency period and result in denial.
3. Failure to Meet the Required Permanent Resident Period.
Most applicants must hold lawful permanent resident (LPR) status for:
- Five years, or
- Three years if applying based on marriage to a U.S. citizen
Filing too early can result in denial.
4. Errors or Omissions on Form N-400.
Inaccurate, incomplete, or inconsistent information can lead to denial. Common mistakes include:
- Incorrect travel history
- Failure to disclose prior arrests or citations
- Missing documentation
Full disclosure and accuracy are essential.
5. Failing the English or Civics Test.
Applicants must demonstrate:
- Basic English proficiency (unless exempt), and
- Knowledge of U.S. history and government
While USCIS generally provides a second opportunity to pass the test, failure to do so may result in denial.
Some denial reasons—such as aggravated felony convictions—can permanently bar naturalization. Others, such as documentation errors or testing issues, may be correctable.
Careful preparation before filing an N-400 application can significantly reduce the risk of denial.
Citizenship Denied? Your Guide to Appealing a Naturalization Denial
If your U.S. citizenship application (Form N-400) has been denied, you may still have options. A denial does not automatically mean you are permanently barred from becoming a U.S. citizen.
Understanding the appeal process is critical to protecting your rights.
Step 1: Review the Denial Notice Carefully.
After a denial, U.S. Citizenship and Immigration Services (USCIS) will issue a written decision explaining the reason for denial.
The notice will outline:
- The legal basis for the decision
- Whether you are eligible to request a hearing
- The deadline to take action
You generally have 30 days from the date of the denial to request a review (33 days if the notice was mailed).
Step 2: File Form N-336 (Request for a Hearing).
If eligible, you may file Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings.
Key points:
- The request must be filed within the required deadline
- A filing fee applies
- The hearing is typically conducted by a different USCIS officer
This process is often referred to as a naturalization appeal hearing.
Step 3: Prepare for the N-336 Hearing.
At the hearing:
- A USCIS officer will review your case
- You may present additional evidence
- The officer may re-test English or civics if the denial was test-related
This is an opportunity to correct misunderstandings, clarify inconsistencies, or provide updated documentation.
Step 4: USCIS Issues a New Decision.
After the hearing, USCIS may:
- Approve your naturalization
- Reaffirm the denial
If the denial is reaffirmed, you may have the option to seek judicial review in federal district court.
Common Grounds for Appealing
An N-336 hearing may be appropriate if:
- USCIS misapplied the law
- Evidence was overlooked
- You were improperly found to lack good moral character
- There were errors regarding continuous residence or physical presence
- The denial was based on a failed English or civics test
When Refiling May Be Better Than Appealing?
In some cases, filing a new Form N-400 may be more strategic than filing an N-336—especially if the issue involves:
- Filing too early
- Temporary good moral character concerns
- A residency timing issue
A careful legal review can determine the best path forward.
Important Deadlines
- 30 days to file Form N-336 (33 if mailed)
- Missing this deadline may eliminate the right to appeal
How Do You Get United States Citizenship?
There are four primary pathways to U.S. citizenship under federal law. Each has specific legal requirements.
1. Birth in the United States (Birthright Citizenship).
A person generally becomes a U.S. citizen automatically if born in the United States under the 14th Amendment to the U.S. Constitution.
2. Citizenship Through U.S. Citizen Parent(s) (Acquisition at Birth).
Some individuals acquire U.S. citizenship at birth if they were born abroad to one or more U.S. citizen parents who meet certain physical presence requirements under the Immigration and Nationality Act.
3. Naturalization
Most applicants pursue citizenship through naturalization, which involves filing Form N-400 (Application for Naturalization) with U.S. Citizenship and Immigration Services (USCIS).
To qualify, applicants must generally:
- Be at least 18 years old
- Hold lawful permanent resident (green card) status for the required period
- Meet continuous residence and physical presence requirements
- Demonstrate good moral character
- Pass English and civics examinations (unless exempt)
4. Derivative Citizenship Through a Parent.
Certain children automatically become U.S. citizens when a parent naturalizes, provided statutory requirements are met regarding age, residency, and lawful permanent resident status.
You apply by filing Form N-400 (Application for Naturalization) with U.S. Citizenship and Immigration Services (USCIS). You must meet eligibility requirements, submit supporting documents, pay the filing fee (or request a fee waiver), and attend an interview.
Processing times vary by location and case complexity. In many cases, the naturalization process takes approximately 8 to 14 months, but timelines may vary depending on USCIS workload.
What happens at the citizenship interview?
A USCIS officer will:
- Review your Form N-400
- Ask questions under oath
- Test your English (unless exempt)
- Administer the civics test
The civics test evaluates your knowledge of U.S. history and government. Applicants are asked up to 10 questions and must answer at least 6 correctly to pass.
Possibly, USCIS evaluates whether you have demonstrated good moral character during the required statutory period. Certain criminal convictions may delay eligibility or permanently bar naturalization.
You become a U.S. citizen after taking the Oath of Allegiance at your naturalization ceremony.
Yes. The United States permits dual citizenship, meaning a person may be a U.S. citizen while also holding citizenship in another country.
U.S. citizenship is permanent and does not need to be renewed. However, in rare circumstances, it can be revoked through a legal process known as denaturalization.
Denaturalization applies only to individuals who became citizens through naturalization. The U.S. government must prove in federal court that citizenship was unlawfully obtained. This typically involves showing:
- Fraud or willful misrepresentation during the naturalization process
- Concealment of material facts
- Ineligibility at the time citizenship was granted
Denaturalization cases are handled through the court system and require the government to meet a high legal burden of proof. They are relatively uncommon.
It is important to understand that lawful U.S. citizens cannot lose citizenship simply because of minor mistakes or ordinary life events. Revocation requires formal legal proceedings and specific statutory grounds.
How Can Jessop Law Firm, LLC Help?
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At Jessop Law Firm, LLC, led by Immigration Attorney Eliot Jessop, we provide strategic informative guidance to individuals in New York City and all 50 States seeking to become U.S. citizens through naturalization.
You do not have to navigate this process alone. Whether you have questions about eligibility, continuous residence requirements, criminal history concerns, or interview preparation, we are here to provide clear and practical guidance.