Citizenship & Naturalization Attorney

Naturalization is the final step of the immigration journey and the step at which USCIS reviews your entire history, so it deserves the same care as the green card that preceded it. Capitol Law Partners prepares Form N-400 applications, resolves eligibility problems before filing, attends interviews, documents citizenship acquired through a parent, and takes USCIS to federal court when it fails to decide.

What a naturalization attorney does for you

Review your complete immigration history, including the green card case, every trip abroad, tax filings and any police contact.
Calculate continuous residence and physical presence, choose the filing date, including the 90-day early filing window, and prepare an N-400 that is accurate and consistent with your prior filings.
Attend the interview, appeal a denial on Form N-336, and sue when USCIS does not decide.

Who qualifies for naturalization

Five-year rule. You have been a lawful permanent resident for at least five years.
Three-year rule. You have been a permanent resident for at least three years, married to and living in marital union with a U.S. citizen for those three years, and your spouse has been a citizen throughout. Clients with a marriage-based green card often qualify under this rule.

You must also be at least 18, have resided continuously in the United States for the statutory period, have been physically present for at least half of it, have lived three months in the state or USCIS district where you file, show good moral character for the statutory period and attachment to the Constitution, and meet the English and civics requirements. Asylees with a green card through asylum have their residence date set back one year on the card, and that year counts.

English and civics exceptions

Applicants who are 50 or older with 20 years as a permanent resident, or 55 or older with 15 years, are exempt from the English test and may take the civics test in their own language. Applicants 65 or older with 20 years take a simplified civics test. A disability that prevents learning may be excused on Form N-648, completed by a qualifying physician or clinical psychologist.

Continuous residence, absences and Form N-470

An absence of more than six months but less than one year is presumed to break continuous residence, but the presumption can be rebutted with proof that you kept your job, home, family and tax filings here and did not work abroad. An absence of one year or more breaks continuous residence, and a new period must run from your return, generally four years and one day, or two years and one day under the three-year rule. A reentry permit protects your green card during long trips but does not preserve continuous residence; see our travel and reentry permits page. Residents sent abroad by the U.S. government, qualifying American employers or research institutions, or recognized international and religious organizations can file Form N-470 before leaving to preserve residence.

Process and timeline

Eligibility review. We obtain your file through a FOIA request when the history is unclear.
Filing Form N-400 online or by mail, followed by biometrics unless USCIS reuses prior fingerprints.
Interview. An officer reviews the application under oath and tests your English and civics. Applications filed from late 2025 take a revised civics test with a larger question bank and more questions asked; earlier applications use the 2008 version. We prepare you for the version that applies to you. If you fail any portion, you are retested within 60 to 90 days.
Decision. The officer may approve, continue for more documents, or deny. If denied, you may request a hearing on Form N-336 within 30 days and then seek de novo review in federal district court.
Oath ceremony. You become a citizen when you take the Oath of Allegiance and receive your Certificate of Naturalization.

Citizenship through a parent: INA 301, 320 and Form N-600

A child born abroad acquires citizenship at birth under INA 301 or 309 when a U.S. citizen parent met the physical presence requirements in force when the child was born. Under INA 320 as amended by the Child Citizenship Act of 2000, a child automatically becomes a citizen when, before turning 18, the child holds a green card and lives in the United States in the legal and physical custody of a U.S. citizen parent. Children who turned 18 before February 27, 2001 are evaluated under the older rules, which usually required both parents to naturalize. We document these claims on Form N-600 or through a passport application, and we check them for every client whose parent naturalized while they were young.

Naturalization through military service

Service members and certain veterans may naturalize under INA 328 after one year of honorable service without a specific period of residence, and under INA 329 for service during a designated period of hostilities, which includes the period since September 11, 2001, without first holding a green card if they enlisted in the United States.

Delays: the 120-day rule and mandamus

If USCIS has not decided your application within 120 days after the interview, 8 U.S.C. 1447(b), INA 336(b), lets you ask the federal district court to decide the application itself or order USCIS to decide it promptly. In many courts, including the Fourth and Second Circuits, filing the suit transfers jurisdiction to the court. For delays before the interview, usually a background check, the remedy is a mandamus action.

Common problems and risks

Criminal history. Certain convictions permanently bar good moral character, others bar it during the statutory period, and some make you removable. We analyze every arrest before filing and consult our removal defense team whenever a record raises concern.
False claims to U.S. citizenship and unlawful voting. Checking a citizen box on an employment form, registering to vote or voting can bar good moral character and make you removable.
Taxes. Unfiled returns, unpaid taxes without a payment plan, or filing as a nonresident alien undermine both good moral character and continuous residence.
Selective Service. Men who lived in the United States between 18 and 26 must have registered; a knowing and willful failure within the statutory period is a problem.
Problems in the green card case. If permanent residence was obtained through a fraudulent marriage, a misrepresentation or an agency error, USCIS may deny the N-400 and refer the case to court.

In 2025, USCIS called for a broader, more holistic review of good moral character and the Department of Justice announced it would prioritize civil denaturalization cases. Have your entire immigration history reviewed before you file. We confirm the current rules at consultation.

Dual citizenship

United States law does not require you to give up your existing nationality when you naturalize; whether you keep it depends on your home country's law. Turkey permits dual nationality, but Turkish citizens who acquire another citizenship should notify the Turkish authorities through a consulate so that the second nationality is recorded, and those who prefer to renounce can apply for the Blue Card.

Why Capitol Law Partners

Cagatay Ersoy, founder and managing partner of Capitol Law Partners, is a graduate of Columbia Law School whose practice spans family-based and employment-based immigration alongside business law. Our attorneys and staff work in English, Turkish, Spanish, Portuguese and French. From our offices in Washington, DC, Herndon, Virginia, New York and Minneapolis, we represent applicants before USCIS field offices nationwide.

Learn more about U.S. citizenship

Talk to a naturalization attorney

Send us your green card date, travel history and any concerns, and we will tell you when and whether to file. Schedule a consultation or call +1 (202) 440-2272.

Frequently Asked Questions

How long must I have a green card before I can apply for citizenship?

Generally five years as a lawful permanent resident, or three years if you have been married to and living with a U.S. citizen spouse for those three years and your spouse was a citizen throughout. You may file up to 90 days before the five or three year mark. During the period you must also meet the continuous residence, physical presence and good moral character requirements.

Will a long trip abroad hurt my naturalization application?

It can. An absence of more than six months but less than a year is presumed to break continuous residence, though you may rebut the presumption with evidence that you kept your home, job, family and tax filings in the United States. An absence of one year or more breaks continuous residence and restarts the clock. A reentry permit protects your green card but not your naturalization timeline.

What is on the naturalization test?

There are two parts. The English test covers speaking, which is assessed throughout the interview, plus short reading and writing exercises. The civics test covers U.S. history and government. USCIS introduced a revised civics test for applications filed from late 2025, while earlier applications use the 2008 version. If you fail either part you get a second attempt within 60 to 90 days. Age and disability exceptions may apply.

My child was born abroad. Is my child already a U.S. citizen?

Possibly. A child born abroad to a U.S. citizen parent may have acquired citizenship at birth if the parent met the physical presence rules in force at the time. A child who received a green card and lived in the United States with a citizen parent before turning 18 generally became a citizen automatically under the Child Citizenship Act. We document the claim on Form N-600 or through a passport application.

What happens if USCIS does not decide my case after the interview?

If 120 days pass after the interview with no decision, 8 U.S.C. 1447(b) allows you to ask the federal district court to decide the application or order USCIS to decide it. In many courts, filing shifts jurisdiction away from USCIS. If the delay occurs before the interview, we pursue a mandamus action under the Mandamus Act and the Administrative Procedure Act instead.

Can I lose my green card by applying for citizenship?

In some cases. The N-400 prompts a full review of your file, and if USCIS finds a disqualifying conviction, a false claim to citizenship, unlawful voting or a problem in how the green card was obtained, it may deny the application and refer you to removal proceedings. That is why we review your entire immigration history, including through a FOIA request, before you file.

Do I have to give up my Turkish or other citizenship when I naturalize?

No. U.S. law does not require you to renounce your existing nationality, and whether you keep it depends on your home country's law. Turkey allows dual nationality, but Turkish citizens who naturalize abroad should notify Turkish authorities through a consulate so the new nationality is recorded. Those who choose to give up Turkish citizenship can apply for the Blue Card to preserve many rights in Turkey.

Can I apply if I did not register for Selective Service?

Usually, yes. Men who lived in the United States between ages 18 and 26 were required to register. If you are now past the statutory period, typically age 31 under the five-year rule, the failure falls outside the good moral character window. If you are younger, we document that the failure was not knowing and willful, supported by a status information letter from the Selective Service System.