Immigration, Naturalization & Citizenship Law New York

FAQs

What are the Eligibility and Timing Requirements for Naturalization

Q: How long do I need to be a permanent resident before I am eligible to apply for citizenship?

A: Generally, you must be a permanent resident for 5 years,  or 3 years if married to a U.S. citizen. You may submit your application  up to 90 days before reaching your eligibility date. Continuous Residence– One of the main rules is that you must have maintained permanent resident status without extended absences from the United States. If you have taken trips out of the United States that lasted longer than 6 months, we’ll need to carefully review whether you have met the continuous residence requirement. We often see clients who assume they’re eligible based on time alone, but travel history can complicate matters significantly.

Q: What does “physical presence” mean, and how is it different from continuous residence?

A: Physical presence requires you to be physically in the U.S. for at least half of your required residency period (30 months out of 5 years, or 18 months out of 3 years). Continuous residence means you haven’t abandoned your permanent resident status through extended absences. These are separate requirements;  you may meet the physical presence test but still have broken continuous residence because you took a trip outside the United States that lasted more than 12 months.  We’ll look at that issue during our consultation.  There are several ways to address trips of a long duration.  

What is the Application Process and What Documentation do I Need? 

Q: What documents do I need for my N-400 application?

A: Essential documents include your green card, tax returns for the required period, marriage/divorce certificates (if applicable), and any court records for arrests or citations. However, the specific documents vary based on your situation. For example, if you’ve traveled extensively, we’ll need detailed travel records. If you have any criminal history – even dismissed charges – we need certified court records. Our intake process identifies exactly what you’ll need based on your circumstances, preventing delays later in the process.

Q: Do I need to file tax returns for every year of my permanent residency?

A: Yes, you must demonstrate tax compliance for the entire required period. This includes filing returns even if you didn’t owe taxes or were not required to. Missing tax returns and outstanding taxes are a couple of the most common issues we see that can delay or complicate naturalization cases. If you haven’t filed tax returns for any years, we can discuss options for bringing your taxes current before applying.

Testing and Interview Preparation

Q: What if I’m nervous about the English or civics tests?

A: The tests are straightforward if you prepare properly. The English test covers speaking (during your interview), reading (1-3 sentences), and writing (1-3 sentences). The civics test involves 10 questions from a list of 100 possible questions – you need to answer 6 correctly. We provide study materials and offer two practice sessions before the interview.  Some applicants qualify for exemptions based on age and length of permanent residency, which we’ll discuss during your consultation.

Q: Can I get accommodations for disabilities during my naturalization interview?

A: Yes, USCIS provides reasonable accommodations for applicants with disabilities. This might include extra time, a sign language interpreter, or modifications to the testing format. You’ll need to submit Form N-648 with medical documentation in order to be considered for an accommodation.  The process is not difficult, but it helps to know and make the request when we submit the N-400.   We help clients navigate this process and ensure that proper documentation is submitted with the initial application.

Timeline and Processing Expectations

Q: How long does the naturalization process take?

A: Currently, processing times range from 8-24 months, depending upon your local USCIS Field office. The process includes an initial review, a biometrics appointment, an interview, and the Oath ceremony. The New York City Field Offices tend to take longer due to volume. Lately, however,  processing times have shortened.  We monitor your case throughout the process and can inquire about delays if processing exceeds normal timeframes.

Q: What happens if my case is delayed or denied?

A: Delays are common and can result from missing background checks, missing documents, and USCIS office backlogs. If your case is denied, you may ask for a review of your application through the USCIS- N-335 process.  Common denial reasons include failed tests (which allow retesting), incomplete documentation, or eligibility issues. If your case is denied, it is very important to have an experienced attorney review the file.   We work with clients to address any issues early in the process to minimize delays and complications.

Complex Situations and Common Concerns

Q: I have an old arrest that was dismissed – will this affect my application?

A: You must disclose ALL arrests and citations, even those that occurred when you were a minor. Not disclosing an arrest is almost always worse than the offense itself.  Most minor offenses don’t prevent naturalization, but proper disclosure and documentation are crucial.

Q: I’ve been living abroad for work – can I still apply for citizenship?

A: Extended absences can break continuous residence and affect eligibility.  Some clients need to wait additional time to reestablish continuous residence before applying.

Q: My spouse and I are both applying – should we apply together?

A: Spouses can apply simultaneously if both are eligible, but each application is processed independently. They are separate applications.  If one spouse has arrests or other issues, it will not directly affect the other spouse’s case. However, we review for consistency so that addresses and other pertient items are consistent. 

Q: What is birthright citizenship?

Jus Soli, or the “Right of the Soil” in Latin, grants U.S. citizenship to anyone born on U.S. soil, regardless of their parents’ immigration status. This right is guaranteed by the Fourteenth Amendment, which states:

“All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”

This principle has been enshrined in the Fourteenth Amendment since 1868. It was adopted in response to Slavery and the Supreme Court’s decision in Dred Scott v. Sanford, a case in which the Court held that African Americans, free or enslaved, were not citizens. This clause has been interpreted to mean that all children born in the United States, with very few exceptions, are United States citizens.

Q: What is Executive Order 14156 and How Does It Affect Citizenship?

Executive Order 14156, “Protecting the Meaning and Value of American Citizenship,” claims that certain children are not citizens at birth because they were not “subject to the jurisdiction” of the United States at the time of their birth. The language of the Order providing that rationale is:

“…Among the categories of individuals born in the United States and not subject to the jurisdiction thereof, the privilege of United States citizenship does not automatically extend to persons born in the United States: (1) when that person’s mother was unlawfully present in the United States and the father was not a United States citizen or lawful permanent resident at the time of said person’s birth, or (2) when that person’s mother’s presence in the United States at the time of said person’s birth was lawful but temporary (such as, but not limited to, visiting the United States under the auspices of the Visa Waiver Program or visiting on a student, work, or tourist visa) and the father was not a United States citizen or lawful permanent resident at the time of said person’s birth.”

This is a controversial reinterpretation of the Fourteenth Amendment that legal scholars widely reject. The order was set to take effect on February 19, 2025, and would have applied retroactively to children born after that date.