DeLand County U.S. Citizenship Attorneys

To become a U.S. citizen through naturalization, applicants must meet specific residency and physical presence requirements:

1. Continuous Residence: 
You must have continuously lived in the United States as a lawful permanent resident (Green Card holder) for at least 5 years before filing Form N-400. If you are married to a U.S. citizen, the requirement is 3 years of continuous residence. "Continuous residence" means you have made the U.S. your home and haven’t taken trips abroad that disrupted your stay.

• Any trip abroad lasting 6 months or more but less than 1 year may disrupt your continuous residence unless you can prove otherwise (e.g., maintaining U.S. ties, employment, and family presence).
• Trips of 1 year or more almost always break your continuous residence.

2. Physical Presence: 
You must have been physically present in the U.S. for at least half of the required residency period — that's:

• 30 months out of the last 5 years, or
• 18 months out of the last 3 years if applying based on marriage to a U.S. citizen.

Additionally, applicants must have lived for at least 3 months in the state or USCIS district where they apply.

These requirements ensure applicants have a genuine connection to the U.S. and are ready for full civic participation.

Age Requirements for U.S. Naturalization

To apply for U.S. citizenship through naturalization, an applicant must be at least 18 years old at the time of filing Form N-400, the Application for Naturalization. This is a strict requirement set by U.S. Citizenship and Immigration Services (USCIS), and there are no exceptions for younger individuals applying independently.

However, children under 18 can automatically acquire U.S. citizenship through their parents in certain situations. For example, if a lawful permanent resident child is living in the U.S. with a U.S. citizen parent, they may automatically become a citizen under the Child Citizenship Act of 2000, without having to go through the naturalization process themselves.

In summary:

• You must be 18 or older to apply for naturalization on your own.
• Children under 18 may derive citizenship through a parent who naturalizes, provided they meet specific criteria.

Meeting the age requirement is the first step in determining eligibility for naturalization, along with other factors like residency, physical presence, good moral character, and English and civics knowledge.

Good Moral Character Requirement for U.S. Naturalization

One of the key eligibility requirements for becoming a U.S. citizen through naturalization is demonstrating Good Moral Character (GMC). U.S. Citizenship and Immigration Services (USCIS) evaluates your character during the required statutory period—usually the 5 years (or 3 years if married to a U.S. citizen) before you file your Form N-400.

Good moral character generally means behaving in a manner consistent with the values of the U.S. Constitution and laws. USCIS looks at your conduct, criminal history, and other actions during this period.

Actions that may show lack of Good Moral Character include:

• Committing crimes such as fraud, theft, assault, or drug trafficking
• Lying to immigration officers or committing perjury
• Failing to pay child support or taxes
• Habitual drunkenness or illegal gambling
• Being involved in prostitution or smuggling people into the U.S.

Even if certain offenses happened outside the statutory period, they can still affect your application if they show a pattern of bad behavior.

Supporting Good Moral Character:

• Having a clean legal record
• Being honest on your application and during the interview
• Paying taxes and fulfilling civic duties
• Providing community service or positive contributions

USCIS makes its final decision based on a full review of your conduct, so being truthful and law-abiding is essential.

English Language Proficiency Requirement for U.S. Naturalization

To become a U.S. citizen through naturalization, applicants must demonstrate basic English language proficiency. This requirement ensures that new citizens can understand, communicate, and participate fully in American civic life.

What skills are tested?

USCIS tests your ability to:

1. Read simple English sentences
2. Write basic English phrases
3. Speak and understand everyday English

These skills are evaluated during your naturalization interview with a USCIS officer. The officer will ask questions about your background (from Form N-400) to assess your speaking ability. For the reading and writing portion, you’ll be asked to:

• Read one out of three English sentences correctly
• Write one out of three dictated sentences correctly

Exemptions and Accommodations:

You may be exempt from the English test if:

• You are 50 years or older and have lived in the U.S. as a permanent resident for 20 years (50/20 rule), or
• You are 55 years or older and have lived in the U.S. for 15 years (55/15 rule)

These applicants still need to take the civics test but may do so in their native language with an interpreter.

English proficiency is essential not just for passing the test—but for fully engaging in your rights and responsibilities as a U.S. citizen.

Knowledge of U.S. History and Government (Civics Test) for Naturalization

As part of the naturalization process, applicants must demonstrate a basic understanding of U.S. history, government, and civic principles. This is done through the civics test during the naturalization interview conducted by a USCIS officer.

What’s on the Civics Test?

The test covers important topics such as:

• The U.S. Constitution
• The three branches of government
• Rights and responsibilities of citizens
• American history, including founding documents and key events
• Geography and symbols, such as national holidays and landmarks

How the Test Works:

There are two versions of the civics test:

1. 2008 Version (currently the standard):

• The officer asks up to 10 questions from a list of 100 official questions 
• You must answer at least 6 correctly to pass

2. 2020 Version (optional in some cases for certain applicants):

• Involves 20 questions, with 12 correct answers needed to pass
• Not widely used unless the applicant chooses it (available to some who applied between certain dates)

Exemptions and Accommodations:

You may be eligible for an exemption or simplified test if:

• You are 65 or older and have lived in the U.S. as a permanent resident for 20 years (65/20 rule) — you only need to study 20 specific questions 

The civics test ensures new citizens understand the foundations of American democracy and their role in the country’s political system. Study materials and official questions are available on the USCIS website.

Military Service Exceptions for U.S. Naturalization

U.S. military service members are granted important exceptions and waivers in the naturalization process, recognizing their commitment and sacrifice. These exceptions are designed to simplify and expedite citizenship for those who serve.

Key Exceptions and Waivers:

1. Exemption from Physical Presence and Continuous Residence Requirements

• During wartime, service members can apply for citizenship immediately, without meeting the usual 5-year or 3-year lawful permanent residency rule.
• During peacetime, one year of honorable military service is enough, and certain time-based requirements can be waived.

2. No Filing Fees

• The Form N-400 filing fee and biometric services fee are waived for all eligible military applicants.

3. Overseas Naturalization Processing

• Active-duty service members stationed abroad can complete the naturalization process outside the U.S., including interviews and oath ceremonies, at designated military installations or embassies.

4. Expedited Processing

• Military applications are treated with priority processing by USCIS to ensure faster approval.

5. Posthumous Citizenship

• If a service member dies as a result of combat, the U.S. can grant posthumous citizenship, and their immediate family members may also qualify for special immigration benefits.

These exceptions reflect the nation’s gratitude to those who serve and ensure that military service members can become U.S. citizens more quickly and easily.

Application Process for U.S. Citizenship Through Naturalization

Becoming a U.S. citizen through naturalization involves a structured, step-by-step process managed by U.S. Citizenship and Immigration Services (USCIS). Here's a breakdown of the key steps:

1. Determine Eligibility

Make sure you meet all requirements:

• Age (18 or older)
• Lawful Permanent Resident (Green Card holder)
• Residency and physical presence requirements
• Good moral character
• English and civics knowledge

2. Prepare and Submit Form N-400

• Complete the Form N-400 (Application for Naturalization)
• Gather required documents (Green Card, ID, marriage certificate if applicable, tax records, etc.)
• Pay the filing fee (currently $640 + $85 biometric fee), unless exempt

Submit the application online or by mail to the correct USCIS address.

3. Attend Biometrics Appointment

USCIS will notify you of the date and location to have your fingerprints, photo, and signature taken.

4. Complete the USCIS Interview

Attend an in-person interview with a USCIS officer. You will:

• Answer questions about your background and application
• Take the English and civics tests

5. Receive a Decision

USCIS will issue a decision:

• Granted – You’ve met all requirements
• Continued – More evidence or re-testing needed
• Denied – If ineligible

6. Take the Oath of Allegiance

If approved, attend a naturalization ceremony where you take the Oath of Allegiance, completing your journey to U.S. citizenship.

You’ll receive a Certificate of Naturalization, which serves as proof of your new status.

Required Documents for U.S. Naturalization Application (Form N-400)

When applying for U.S. citizenship through naturalization, you must submit supporting documents along with your Form N-400, the Application for Naturalization. These documents help verify your eligibility for citizenship.

Here’s a list of commonly required documents:

1. Copy of Your Green Card (Form I-551)

• If you're a lawful permanent resident (Green Card holder), you must include a clear copy of both the front and back of your Green Card.

2. Proof of Name Change (if applicable)

• If your name has changed due to marriage, divorce, or any other reason, you must provide official documents such as a marriage certificate, divorce decree, or court order that shows the name change.

3. Evidence of Marital Status (if applicable)

• If you are applying based on marriage to a U.S. citizen, provide your marriage certificate and evidence of your spouse’s U.S. citizenship (e.g., passport, birth certificate, or naturalization certificate).

4. Proof of Residence

• Provide documents to show you’ve met the residency requirements. This can include:
  • Tax returns (Form 1040)
  • Lease agreements
  • Utility bills
  • Bank statements
  • Pay stubs or employment records

5. Photocopy of Passport or Travel Documents

• If you’ve traveled outside the U.S., include a copy of your passport (including stamps showing entry and exit dates) or any travel documents to prove you meet the physical presence requirements.

6. Court and Police Records (if applicable)

• If you have ever been arrested or convicted of a crime, you must provide court records and police reports for each incident, even if the charges were dismissed or you were acquitted.

7. Selective Service Registration (if applicable)

• Male applicants who are between the ages of 18 and 26 must show evidence of Selective Service registration. If you were required to register but did not, you may need to explain why.

8. Military Service Records (if applicable)

• If you are a current or former U.S. military service member, include military service records (Form DD-214 or other discharge papers) to show your honorable service.

9. Two Passport-Style Photos

• Provide two identical, recent passport-style color photographs that meet USCIS specifications.

10. Fee Waiver or Exemption Documents (if applicable)

• If you’re applying for a fee waiver or are exempt from the filing fee, include the appropriate documentation, such as proof of financial hardship or participation in a recognized public assistance program.

Additional Documents for Special Circumstances:

• Divorce Decree if previously married and now divorced
• Death Certificate if your U.S. citizen spouse has passed away and you are applying based on marriage

Note:

USCIS may request additional documents depending on your specific case. Always ensure that all copies are clear, legible, and in the format requested. Submitting incomplete or incorrect documents can delay your application.

Fees and Costs for U.S. Citizenship Application (Form N-400)

Applying for U.S. citizenship through naturalization involves certain fees, primarily for processing your application and biometric services. It's important to be aware of these costs and any available options for fee reductions or waivers.

Standard Filing Fees

• Application Fee: There is a fee for filing Form N-400, Application for Naturalization, is $640.
• Biometric Services Fee: An additional fee of $85 is required for biometric services, which include fingerprinting, photographing, and signature collection.

Total Standard Fee: $640 (Application Fee) + $85 (Biometric Services Fee) = $725

Note: These fees are subject to change. Always check for the most current information on the official USCIS website.

Reduced Fees

If your annual household income is greater than 150% but not more than 400% of the Federal Poverty Guidelines, you may be eligible for a reduced fee. In such cases, the reduced application fee is $320, with the $85 biometric fee remaining unchanged. To apply for a reduced fee, you must submit a Request for Reduced Fee along with your Form N-400.

Eligibility for reduced fees is determined based on your income and household size.

Fee Waivers

Certain applicants may qualify for a full fee waiver, meaning both the application and biometric fees are waived. To be eligible, you must demonstrate that your income is at or below 150% of the Federal Poverty Guidelines, or you receive a means-tested benefit, or you are experiencing financial hardship. To request a fee waiver, you need to submit a Request for Fee Waiver along with your Form N-400.

Fee waivers are granted on a case-by-case basis. It's essential to provide thorough documentation to support your request.

Payment Methods

• Online Filing: If you file Form N-400 online, you can pay the fee using a credit card, debit card, or electronic check through the USCIS online payment system.
• Paper Filing: When filing by mail, you can pay by money order, personal check, or cashier's check. If paying by check, make it payable to the "U.S. Department of Homeland Security."

Additional Considerations

• Biometric Services: Most applicants are required to attend a biometrics appointment. However, certain individuals may be exempt based on age or disability.
• Military Applicants: Members of the U.S. armed forces may be eligible for fee waivers and expedited processing. It's advisable to consult with a legal advisor or military legal assistance office for more information.

Fingerprints and Biometrics for U.S. Naturalization

As part of the U.S. naturalization process, applicants are required to attend a biometrics appointment, which includes providing fingerprints, photographs, and signatures. This step is essential for verifying the identity and background of the applicant.

Purpose of Biometrics

Biometrics are used to:

• Verify identity and ensure that the applicant is who they say they are.
• Conduct background checks to assess criminal history or security concerns through fingerprinting.
• Support the U.S. government in maintaining accurate immigration records.

The Biometrics Appointment

After submitting your Form N-400 (Application for Naturalization), USCIS will send you an appointment notice for biometrics. This notice will include the date, time, and location of the appointment.

At the appointment, you will:

1. Provide your fingerprints, which are scanned and used to perform background checks.
2. Have your photograph taken for identification purposes.
3. Sign documents, acknowledging the collection of your biometric data.

Who Needs Biometrics?

Generally, all naturalization applicants between the ages of 14 and 79 are required to attend a biometrics appointment. However, there are some exemptions:

• Applicants who are 80 years or older typically do not need to provide fingerprints.
• Applicants with certain disabilities may be exempt from biometric requirements.

The Biometric Services Fee

The biometric services fee of $85 is required in addition to the Form N-400 application fee. This fee covers the cost of fingerprinting, photographing, and processing the biometric data.

What Happens After the Biometrics Appointment?

Once your biometrics have been collected, USCIS will use the data to conduct a background check, which may take several weeks. The results of this check will be considered as part of your naturalization process.

If everything is clear, USCIS will schedule your naturalization interview and later, the oath ceremony if you are approved for citizenship.

In Case of Errors or Issues

If there are any issues with your fingerprints, such as poor quality, USCIS may ask you to return for a re-taking of the fingerprints. Additionally, if you fail to attend the biometrics appointment, it could delay or negatively affect your naturalization application. Always ensure you attend on time and follow the instructions in your appointment notice.

The U.S. Citizenship Interview

The citizenship interview is a crucial part of the naturalization process. It allows U.S. Citizenship and Immigration Services (USCIS) officers to verify the information on your application, assess your eligibility, and determine if you meet all requirements for naturalization.

What to Expect at the Interview

1. Interview Scheduling 
   After completing the biometrics process, USCIS will schedule an interview. You will receive a notice with the date, time, and location. The interview is typically scheduled a few months after your biometrics appointment.
2. Interview Location 
   The interview usually takes place at your local USCIS office. Ensure you arrive on time and bring the required documents.
3. Documents to Bring 
   You’ll need to bring certain documents to your citizenship interview. These typically include:

• Appointment Notice (Form I-797)
• Green Card (Form I-551)
• Valid Passport (if applicable)
• State-issued ID or Driver’s License
• Documents of any name changes (e.g., marriage certificate, divorce decree, court order)
• Copies of documents you submitted with your application (e.g., tax returns, court records)
• Selective Service Registration (for males aged 18-26)
• Military service records (if applicable)

Always check the interview notice to see if additional documents are required.

1. The Interview Process 
   During the interview, the USCIS officer will ask you questions about:

• Your application form (Form N-400)
• Your background, including any criminal history, immigration status, and travel
• Your residency and physical presence in the U.S.
• Your family situation (if applicable)

The officer will also assess your ability to speak and understand English by asking some questions in English.

1. English and Civics Test 
   As part of the interview, you’ll take the English and civics tests. These tests assess your knowledge of:

• English: You will be tested on your ability to read, write, and speak English.
• Civics: You will be asked up to 10 questions about U.S. history, government, and geography. You need to answer at least 6 out of 10 questions correctly to pass.

If you fail one or both tests, USCIS will typically reschedule you for another interview within 60 to 90 days.

Special Considerations for Applicants

• Disability Exceptions: If you have a physical or developmental disability, you may request an exception or modification to the English and civics tests. A medical certification may be required.
• Interpreter: If you're not comfort table with English, you can bring an interpreter to your interview, but the interpreter must be fluent in both English and your native language. USCIS will also provide interpreters for some languages at the interview, but it’s always best to check in advance. You and your interpreter have to completed and sign  a G-1256 form.

What Happens After the Interview?

Once the interview is completed:

• Approval: If you pass the interview, you will be informed that you’ve been recommended for approval. You’ll then receive a notice for the Oath Ceremony.
• Additional Review: If the officer needs more time to review your application or requests additional documents, your case will be put on hold until those issues are resolved.
• Denial: If you do not meet the eligibility requirements or fail to answer questions truthfully, your application may be denied. If this happens, you will receive a written explanation of the reasons for the denial.

Tips for a Successful Interview

• Be Prepared: Review your Form N-400 before the interview to ensure you’re familiar with the details.
• Practice the Tests: Study for the English and civics tests. There are study materials and practice tests available on the USCIS website.
• Be Honest: Answer all questions truthfully and thoroughly.
• Stay Calm: The interview is a formal process, but it’s also an opportunity to showcase your eligibility for citizenship. Take your time, listen carefully, and ask for clarification if needed.

The citizenship interview is a significant step in your path to becoming a U.S. citizen, so proper preparation can ensure a smooth process.

The Oath of Allegiance Ceremony

The Oath of Allegiance Ceremony is the final step in the U.S. naturalization process. It is the moment when applicants officially become U.S. citizens after completing all other requirements, including the application, biometrics, interview, and passing the civics and English tests.

What Happens at the Oath Ceremony?

1. Ceremony Invitation 
   Once your naturalization application is approved, you will receive an invitation for the Oath Ceremony. This notice will include the date, time, and location of the ceremony. It is typically scheduled a few weeks or months after your interview, depending on processing times.
2. Attending the Ceremony 
   On the day of the ceremony, you’ll need to:

• Bring your appointment notice and permanent resident card (Green Card).
• Arrive on time, as tardiness could result in rescheduling the ceremony.
• Dress in formal attire.

If you cannot attend, you must notify USCIS immediately to reschedule.

1. Taking the Oath 
   During the ceremony, you’ll take the Oath of Allegiance in front of a USCIS official and other new citizens. The Oath is a promise to:

• Support and defend the Constitution of the United States.
• Renounce allegiance to any foreign country.
• Obey U.S. laws and serve the country when required.

The official administering the oath will read the oath aloud, and you will repeat it in unison with others. The Oath is a solemn pledge of loyalty to the U.S.

1. Receiving Your Certificate of Naturalization 
   After taking the Oath, you will be handed your Certificate of Naturalization, which serves as your official proof of U.S. citizenship. This document is important for applying for a U.S. passport and other benefits of citizenship.

Special Considerations

• Disability Exceptions: If you have a medical condition or disability, you may be eligible for a modified Oath. A medical certification may be required.
• Dual Citizenship: By taking the Oath, you renounce allegiance to foreign governments, but you may still retain citizenship in another country, depending on the laws of that country. Some countries do not allow dual citizenship, so it’s important to understand how this might impact your nationality.
• Children: If you are a naturalized U.S. citizen, your children under the age of 18 who are permanent residents may automatically acquire U.S. citizenship. They do not need to attend the Oath Ceremony.

What Happens After the Oath Ceremony?

After completing the Oath Ceremony:

• You are officially a U.S. citizen!
• You can apply for a U.S. passport, vote in federal elections, and enjoy all the rights and responsibilities of U.S. citizenship.
• You may also receive information about registering to vote, serving on a jury, and other civic duties.

If You Cannot Attend the Oath Ceremony

If you are unable to attend the ceremony due to illness, travel, or another valid reason, you must inform USCIS. You will be given the opportunity to reschedule, but it is important to do so promptly. Failing to attend without notifying USCIS could result in delays or the denial of your naturalization process.

The Oath of Allegiance Ceremony is a proud moment for all applicants, marking the completion of your journey to becoming a U.S. citizen.

Benefits of U.S. Citizenship

Becoming a U.S. citizen opens up numerous rights and privileges that allow individuals to fully participate in the civic and political life of the United States. Here are some of the key benefits of U.S. citizenship:

1. Right to Vote

• U.S. citizens have the right to vote in federal, state, and local elections, including presidential elections. This is one of the most fundamental rights of citizenship, allowing individuals to influence the direction of their government.

2. Access to Federal Jobs

• U.S. citizens are eligible for federal government jobs, many of which are not available to non-citizens. These jobs often offer competitive salaries, benefits, and job security.

3. Eligibility for U.S. Passport

• U.S. citizens can apply for a U.S. passport, which provides international travel benefits and allows for easier entry into many countries. It also ensures consular protection while traveling abroad.

4. Protection from Deportation

• U.S. citizens cannot be deported from the United States. Non-citizens, including permanent residents, may face deportation if they violate immigration laws or commit certain crimes.

5. Ability to Sponsor Family Members

• U.S. citizens have the ability to sponsor immediate family members (spouse, children, parents, and siblings) for green cards (permanent residency), speeding up the immigration process for them.

6. Access to Government Benefits

• U.S. citizens are eligible for a variety of government benefits, such as federal student loans, social security benefits, healthcare assistance programs like Medicaid, and other forms of welfare and financial aid.

7. Eligibility for Jury Duty

• U.S. citizens are required to serve on a jury if selected. While this may seem like a duty, it also provides an opportunity to participate in the judicial process and ensure fair trials for all.

8. Right to Run for Public Office

• U.S. citizens are eligible to run for public office at the local, state, and federal levels (with some exceptions for certain offices, such as the presidency). This allows citizens to directly impact the policy and leadership of the country.

9. Protection by U.S. Laws

• U.S. citizens are fully protected by U.S. laws, including constitutional rights like freedom of speech, the right to assemble, and protection against unlawful search and seizure. Citizenship ensures that these rights are upheld for every citizen.

10. Stability and Security

• U.S. citizens enjoy a sense of political stability and security. Citizenship can provide more stability in terms of immigration status, allowing individuals to avoid uncertainties that can come with temporary or conditional visas.

11. Tax Benefits

• U.S. citizens may benefit from certain tax exemptions and credits, including eligibility for the earned income tax credit and child tax credit, which can reduce overall tax liability.

12. Education and Financial Aid

• U.S. citizens are eligible for in-state tuition at public universities and colleges, and they can apply for federal financial aid and scholarships to support their education.

13. Travel Benefits

• U.S. citizens can travel more freely, often without the need for visas, to many countries. They also enjoy access to more international travel benefits, such as easier re-entry into the U.S. and consular assistance in case of emergencies abroad.

14. Right to Access the U.S. Health Care System

• As a citizen, you have greater access to public healthcare programs, such as Medicare, which provides health insurance for seniors, and Medicaid, which offers medical care for low-income individuals.

15. Social Security and Retirement Benefits

• U.S. citizens are eligible for Social Security benefits, which provide income in retirement, disability, or to surviving family members. As a citizen, you also contribute to the system through payroll taxes.

16. Freedom from Immigration Limitations

• U.S. citizens are not restricted by visa quotas or residency limitations. You no longer have to worry about renewing visas or facing potential changes in immigration policy that could impact your status.

Becoming a U.S. citizen brings a wide range of privileges and rights, along with the responsibility to abide by U.S. laws and actively participate in the country's civic life. It offers protection, opportunities for growth, and the ability to contribute meaningfully to the nation.