Schedule a Confidential Consultation With Our Austin Naturalization Lawyer Today
At J. Sparks Law, PLLC, our Austin citizenship through naturalization attorney is an experienced, compassionate, and solutions-focused advocate for clients. We provide a full range of immigration services and we have helped clients from more than 110 different countries achieve their American dream. If you have any specific questions about applying for citizenship through naturalization, our team is here as a resource. Contact our experienced immigration lawyer at our Austin law office today for a strictly private, no obligation initial case evaluation with a top Texas immigration attorney for questions about the immigration process or immigration status.
Know the Benefits of American Citizenship
Why apply for American citizenship? It offers a number of different advantages—and many of the benefits are more comprehensive than the ones that come with a green card. Some of the most notable advantages of U.S. citizenship include:
- The Right to Vote: When you become an American citizen, you can fully participate in federal, state, and local elections.
- An American Passport: Naturalized citizens get access to a U.S. passport. It is a big benefit for international travel. You can receive full assistance from American embassies/consulates.
- Eligibility to Seek Federal Jobs: There are many job opportunities with the federal government that are only available to native born or naturalized U.S. citizens.
- Full Protection from Deportation: The government cannot deport an American citizen. You can secure your residency in the United States permanently with citizenship.
- Access to Public Benefits: You may be able to qualify for government benefits and programs not available to non-citizens.
What You Need to Prove to Be Eligible to Apply
You cannot simply apply for American citizenship. There are pre-application requirements that must be satisfied before the United States Citizenship and Immigration Services (USCIS) will evaluate your application. Here are the core eligibility requirements for citizenship:
- You must have held a green card in good standing for at least five years (three years if you are married to a U.S. citizen.
- You must have lived on a continuous basis in the U.S. for the full required residency period.
- You must have been physically present in the U.S. for at least half of the required residency period—meaning at least 2.5 years if you are applying after five years of a green card.
- You must be able to demonstrate good moral character—such as being free from serious criminal offenses.
- You must demonstrate English language proficiency (speaking, reading, and writing) and you must be able to pass a U.S. civics and U.S. history examination.
- You must be willing to take the Oath of Allegiance to the United States.
How to Apply for United States Citizenship
How do you apply for American citizenship through naturalization? The USCIS offers an online version of the application form: N-400, Application for Naturalization. You will need to review and complete Form N-400. From there, you should gather all necessary supporting documents, including a copy of your green card. When you mail in your application (Form N-400) to USCIS, you need to be sure to pay the required filing fees. A biometric appointment will be scheduled to collect your fingerprints, photograph, and signature. You will be required to attend a USCIS interview.
Most Common Reasons Why Citizenship Applications are Denied in the Naturalization Process
Why do people run into problems when applying for citizenship? The answer depends on the specific circumstances of their case. The reality is that the naturalization process is complicated. Seemingly small errors could lead to a delay or even a denial. Here is an overview of the most common reasons why citizenship through naturalization applications are denied:
- Incomplete or Inaccurate Application: Do not make mistakes on your Form N-400 application. Missing information or any discrepancies can lead to a denial.
- Missed Appointments: Failing to attend scheduled biometrics appointments or interviews without rescheduling can result in the denial of your application.
- Failure to Meet Residency Requirements: You must prove residency. If you cannot satisfy continuous residence or physical presence criteria, you must wait longer to apply.
- Poor Moral Character: Moral character issues are a leading reason for denial. Criminal convictions and other issues that reflect negatively on moral character can be a problem.
Why Trust Our Texas Citizenship Lawyer and Immigration Attorney for Guidance and Support
American citizenship brings a number of different important advantages with it. The application process for U.S. citizenship can be complicated, even overwhelming without a lawful permanent resident. It is normal to have a ton of questions about your rights, your options, and what needs to come next for your application. Our founding attorney Julie Sparks is Board Certified by the Texas Board of Legal Specialization in Immigration and Nationality Law. With a proven record of client reviews and immigration results, we have the knowledge and expertise that you can trust with your immigration papers. When you contact us at our Austin law office, you will have an opportunity to consult with a Texas immigration lawyer who can:
- Hear your story and answer your citizenship through naturalization questions;
- Help you gather and organize all supporting documents, records, and information; and
- Handle the citizenship through naturalization paperwork; and
- Take action to help you overcome any obstacles that might stand in your way.
Contact Our Austin Naturalization Attorney Today With Help in Immigration Law
At J. Sparks Law, PLLC, our Austin naturalization lawyer has the skills, knowledge, and professional expertise that you can trust. Our experienced immigration attorney is committed to helping clients achieve their dream of becoming a U.S. citizen. Do you have any questions about the naturalization process? Our Austin immigration attorney is here to help. Call our Austin citizenship attorneys now or contact us directly online for your completely confidential, no obligation initial appointment regarding your immigration case. With an office in Austin, our Austin immigration lawyers at our law firm provide immigration law services throughout Texas.
FAQ’s
You generally have to wait five years from the date that you received your green card. That is the minimum mandatory waiting period for most immigrants to the United States. However, if you are married to a U.S. citizen and that is how you got your green card, you may be able to apply for citizenship in just three years. Of course, all other requirements must also be met.
Yes. There are no automatic travel restrictions. As such, you can travel abroad while your naturalization application is pending. However, there is an important caveat: You need to be sure that you maintain continuous residence in the U.S. and that you satisfy the physical presence requirement. An extended or frequent trip outside the United States may disrupt the continuity of your residence and it could affect your eligibility. However, a short international trip will generally not cause any issues as long as you attend all of your appointments.
No. The United States does not require you to renounce your previous citizenship when you become a U.S. citizen. Dual citizenship is permitted. U.S. law allows you to maintain citizenship in another country while enjoying the full rights of becoming an American citizen. With that being said, some countries do not recognize dual citizenship. If you become an American citizen, your native country may automatically revoke your citizenship upon naturalization. It depends entirely on the country. Still, you do not need to renounce if for U.S. immigration purposes.
Yes. Absolutely. Though, as doing so is complicated, you need to consult with an immigration attorney right away. To initiate an appeal of a denial of citizenship through naturalization, you will need to file a form called Form N-336, Request for a Hearing on a Decision. As a general rule, that form needs to be submitted within 30 days of the date you receive your written denial notice. If you wait too long, you may lose the right to appeal—meaning you would need to start the citizenship process over.
Yes. Though, you should consult with a lawyer. As a general rule, you need to make sure that you have fully addressed all of the issues that contributed to the initial denial. Some common reasons for denial that could be fixed include things like failing the English or civics tests, not meeting residency requirements, or certain moral character flaws. Once you have resolved these issues or met the necessary requirements, you may submit a new Form N-400, Application for Naturalization.
Technically yes—but it is rare and can only be done on very limited grounds. The United States government can revoke the citizenship of a naturalized citizen through a process called denaturalization. Denaturalization can occur if it is discovered that you obtained citizenship illegally—such as if you committed immigration fraud. A post-naturalization arrest for a non-immigration related crime—even a felony—does not, by itself, justify denaturalization.
- An individual must be 18 years of age or older to apply.
- Residents generally must have their green cards for 5 years before USCIS can naturalize them. But for those married to a U.S. citizen, some can naturalize after only 3 years.
- Applicants cannot be outside of the U.S. for too long. They must be physically present for half of the required time when they add up all days. They must also prove continuous residence, and absences of more than six months on any single trip can cause denial of the naturalization application.
- An individual must have lived for three months in the state area covered by their local USCIS office.
- Every applicant must establish good moral character. Things like failure to file tax returns and unsolved debt to the IRS can negatively affect the applicant. Other issues include criminal history, whether during the time period or not. Owing child support is another issue considered by USCIS.
- If you have criminal history and want to become a U.S. citizen through naturalization, consulting with an experience immigration attorney is simply critical. USCIS not only has the power to deny an applicant with certain criminal convictions, USCIS has the power to also issue a Notice to Appear in immigration court for potential removal from the U.S. In other words, some people risk losing their green card status and deportation simply by attempting to naturalize.
- The simple answer is no. “Ordinary usage” is the legal standard. During their interview, the applicant must prove that they have a basic understanding of the English language and the ability to communicate using simple vocabulary and grammar.
- The English language exam is twofold. One, the applicant must correctly write one sentence. Two, the applicant must successfully read one sentence. USCIS provides vocabulary lists to aid applicants in studying and practicing.
- Some applicants are exempt from the English language exams all together, and these individuals may take the civics exam in their native language. This all depends on the applicant’s age and how long he or she has been a resident of the U.S. Everyone whose green card was issued less than 15 years ago must take and pass the English language exams.
- Only citizens can register to vote and vote in local, state, and federal U.S. elections.
- Only citizen can receive a U.S. passport.
- Because lawful permanent residents can lose their status through abandonment by moving from the U.S., become a citizen gives someone the freedom to live abroad without immigration concerns.
- Some government jobs lawfully require U.S. citizenship to be hired.
- U.S. citizens can petition more types of family members for residency than those who only have green cards. And for some spouses of residents, the process of gaining residency through their LPR spouse is must longer and more difficult; so, having their spouse naturalize first is often the best option for the immigrant spouse.
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