Naturalization (Form N-400)

Naturalization is the legal process through which a lawful permanent resident (Green Card holder) becomes a U.S. citizen. Citizenship grants full rights and responsibilities – including the right to vote, run for public office, obtain a U.S. passport, and receive the highest level of protection under U.S. law.

General Eligibility Requirements

To apply for naturalization (Form N-400), applicants generally must:

•      Be at least 18 years old;
•      Be a lawful permanent residentfor the required period:

○      5 years for most applicants, or

○      3 years if married to and living with a U.S. citizen;

•      Demonstrate continuous residenceand physical presencein the U.S. during the statutory period;

Continuous residence means maintaining your primary home in the U.S. without long or frequent absences (trips abroad of 6 months or more may disrupt it).

Physical presence means the total number of days you were actually inside the U.S.– you must have been present for at least half of the required period (30 months out of 5 years, or 18 months out of 3 years).

•      Show good moral characterfor at least 3 or 5 years prior to filing;
•      Be able to read, write, and speak basic English(with certain exceptions for age and residency, or disability);
•      Pass a U.S. civics testcovering history and government;
•      Demonstrate attachment to the principles of the U.S. Constitution; and
•      Take the Oath of Allegianceto the United States.

Special eligibility for spouses of U.S. citizens: Applicants must have lived in marital union with their U.S. citizen spouse for the three years preceding and during adjudication of the N-400.

Naturalization Through Military Service

Members and veterans of the U.S. Armed Forces may qualify for expedited and fee-exempt citizenship under Sections 328 and 329 of the Immigration and Nationality Act (INA) by filing Form N-400 under the applicable section.

 

Service of One Year or More (INA 328)

You may qualify if you:

•      Are 18 years or older;
•      Have served honorably in the U.S. military for at least one year;
•      Are a lawful permanent resident at the time of the interview; and
•      Were honorably discharged if no longer serving.

Some residence and physical presence requirements apply but are reduced compared to standard naturalization.

Service During Hostilities (INA 329)

You may qualify for immediate naturalization if you:

•      Served honorably during a designated period of hostilities;
•      Served less than one year, or
•      Do not have a Green Card or do not meet residence/physical presence requirements.

 Family Benefits

•      Children under 18 may automatically derive citizenship when a parent naturalizes, if certain conditions are met.
•      Spouses must apply separately unless eligible through other provisions of law.

Red Flag Considerations for Applicants

Applicants facing any of these issues should consult an immigration attorney before filing. Sometimes, waiting a few years, resolving tax or legal issues, or obtaining certified court records can make the difference between approval and denial.

 Criminal History

•      Arrests, charges, or convictions (even if dismissed or expunged);
•      DUIs, domestic violence, theft, or drug offenses may affect “good moral character”;
•      Failure to register for Selective Service (for males 18–26);
•      Probation or parole within the statutory period.

Immigration Violations

•      False statements or fraud in immigration applications;
•      Marriage fraud or misrepresentation;
•      Failure to list all international trips (long absences may break continuous residence);
•      Unlawful voting or claiming U.S. citizenship before naturalization.

 

Tax & Financial Issues

•      Unpaid taxes or lack of a payment plan;
•      Failure to support dependents (child support/alimony);
•      Dishonesty about financial history, even if bankruptcy occurred.

 Moral Character & Conduct

•      Omissions or false statements on the N-400;
•      Criminal or unethical conduct during the statutory period;
•      Polygamy, habitual drunkenness, or illegal gambling.

 Other Red Flags

•      Pending removal (deportation) proceedings;
•      Inconsistent information between past filings and current application;
•      Security or affiliation concerns with prohibited organizations.

 Updated Civics Test Requirement

Starting October 20, 2025, applicants who file Form N-400 will take a new civics test composed of up to 20 oral questions drawn from a larger pool of 128 questions. To pass, you must correctly answer 12 out of 20. Applicants filing before that date will still take the older version of the test.

 How We Can Help

Navigating the naturalization process can be complex; from proving continuous residence and good moral character to ensuring every form and document meets USCIS standards. Even minor mistakes or overlooked details can cause delays or denials. Working with an experienced immigration attorney helps you avoid costly errors, prepare for the interview and civics test with confidence, and address any potential red flags in advance. At the Law Offices of Metin Serbest, we ensure your path to U.S. citizenship is smooth, compliant, and fully supported at every stage.

Our services include:

•      Assessing eligibility under standard or military-based provisions
•      Reviewing continuous and physical presence,
•      Preparing and Filing Form N-400 and other relevant documentation
•      Advising on criminal history, extended travel, tax issues, or Selective Service concerns;
•      Handling USCIS Requests for Evidence (RFEs) and follow-up inquiries.
•      Monitoring case progress and communicating with USCIS as needed.
•      Assisting parents with derivative or acquired citizenship for children;
•      Advising family members of U.S. military personnel on related benefits.

Schedule a Consultation

Contact the Law Offices of Metin Serbest  to receive guidance on the Naturalization process and take the final step toward becoming a U.S. citizen.