Eligibility. To be eligible apply for Naturalization (U.S. Citizenship), individuals must meet the following basic requirements:

1. Be 18 or older;

2. Have lived as a Legal Permanent Resident (LPR) in the United States for at least 5 years, or 3 years if married to a U.S. citizen;

3. Be of good moral character;

4. Be able to speak, write and understand English. (There are exemptions for LPRs over 50 who meet long-term residency requirements, for certain people with disabilities, and certain military members); and

5. Demonstrate knowledge and understanding of U.S. history and civics.

When Should I Hire a Lawyer to Help Me File for Naturalization?  An experienced lawyer will review your facts and history (immigration, criminal, family, etc) to determine if your case is likely to have problems.  After a consultation, you may choose to file with full understanding of the issues in your case.

Risk Factors & Complicating Issues.  Issues that can complicate your case include the following risk factors:

• Existence of minor children abroad

• Divorce from a spouse when residency was based on marriage

• Failure to work for employer (including inability to prove) that sponsored you for residency

• Failure to file income tax returns in a timely fashion

• Possible claims of fraud

• Failure to mention children or prior spouses in prior immigration cases

• Any criminal activity including arrests without convictions

• Failure to register for the Selective Service

• Absences from the United States (any one over 183 days or a pattern of absences)

• Difficulty obtaining required documentation (Birth certificates, marriage or divorce certificates, etc.)

Top 5 Naturalization Mistakes.  While the requirements appear simple, this is not the case for all applicants.  It is much harder to fix a case that has been filed than to file the case correctly the first time.  We are often in the position of helping clients after they have file on their own or with the help of less qualified consultants.  The top mistakes we see as as follows:

1. Inconsistent Information in Applications & Statements.  Inconsistent statements on prior applications at USCIS or the US Consulate (e.g., disclosure of relationships that where not previously disclosed, failure to disclose relationships in the Naturalization that were listed on prior applications or on tax returns)

2. Documentation & Information Conflicting with Basis of Residency. (If you thought after your green card was approved you were free and clear, think again, the USCIS is very concerned about fraud and has essentially re-adjudicated the basis of prior residency cases)

   • Example – You did not work for employer or documents fail to support (or conflict with) your residency story (W-2s for another employer, inability to document employment, etc.)

   • Example - You did not live with sponsoring spouse or inconsistent documents suggesting separation occurred prior to approval of green card case or removal of conditions on residency.

3. Failure to Disclose and Document All Crimes & Traffic Violations (even expunged, juvenile and foreign crimes).  You must disclose all prior arrests, charges, whether or not you were found guilty.  You must be prepared to document the charges, plea and final disposition (finding and sentence) with court certified copies of the case.  Failure to disclose may result in USCIS finding of fraud.  Of course, many prior crimes will prevent naturalization and may even lead to deportation / removal of Greencard holders.

4. Failure to Register for Selective Service.  Registration for Selective Service is required for all males between ages 18 and 26.  This does not apply to individuals that are in the U.S. on a valid non-immigrant visa, but is does apply to individuals that have overstayed the period of a non-immigration visa.  If you did not register and should have, you will need to provide valid explanation for your failure to do so.

5. Restarting the Continuous residence clock or abandonment of residency with extended travel.  If you traveled for extended periods of time, or frequently travel outside the U.S. this can affect your eligibility.  In some cases, you may even effectively abandon your residency status.

USCIS Guide to Naturalization (Link)