Citizenship & Naturalization Lawyers in Boston, MA

Personalized Guidance for Your U.S. Citizenship Application – From Eligibility Review to Interview Preparation

Becoming a U.S. citizen is an important step for you and your family. FitzGerald Law Company’s citizenship and naturalization lawyers in Boston help permanent residents evaluate eligibility, prepare Form N-400, and address concerns before applying. With more than 30 years of immigration and criminal defense experience, our attorneys assist with both straightforward applications and cases involving prior immigration problems, extended travel, criminal records, or other complications.

How Our Citizenship Lawyers Help

Naturalization is the legal process through which an eligible person becomes a U.S. citizen after birth. For many permanent residents, it is the final step in their immigration journey. Our naturalization attorneys help you prepare for that step with careful legal analysis and practical guidance, including:

• Eligibility review and determining filing strategy. Review your immigration history and prior filings, residence and travel records, and potential concerns before deciding when to submit your application.
• N-400 and supporting evidence preparation. Prepare the application, organize relevant supporting records, and address discrepancies or issues that require an explanation.
• Interview and test preparation. Review your application with you, practice questions USCIS may ask, identify applicable English or civics exceptions, and guide you to appropriate study materials.
• USCIS responses and complex matters. Assist with requests for evidence and evaluate options when an application is delayed or denied. Determine if additional services are required, such as reopening a past criminal case to modify or vacate a conviction with negative immigration implications.

During your consultation for immigration legal services, we can assess your potential path to citizenship, identify records that need further review, and explain recommended next steps.

Why Choose FitzGerald Law Company for Your Citizenship Case

Immigration, Criminal Defense, and Post-Conviction Experience (also known as “Crimmigration”)

A criminal case can affect immigration eligibility long after the case has ended. The combined immigration and criminal defense experience of our attorneys allows us to evaluate court records, sentence and possible immigration consequences together.  When a legally valid basis exists, our attorneys also can help you pursue post-conviction relief and motions to vacate convictions.  We assess what any relief would mean under immigration law before advising you to file for citizenship.

A Personalized Strategy and Supportive Team

Every legal matter is personal. We listen to your concerns, review how you obtained permanent residence, and develop a strategy that fits your circumstances. Many members of our multicultural, multilingual team have experienced immigration personally or through their families. We understand the importance of this milestone and work to keep you informed about your responsibilities and next steps.

Learn more about our principal attorney Desmond P. FitzGerald, and his immigration and criminal defense experience.

Our Citizenship Client Testimonials and Success Stories

Citizenship Approved After a Criminal Conviction Was Vacated

USCIS denied a client’s naturalization application because of a criminal conviction. Our attorneys challenged the underlying conviction and obtained an order vacating it. After further litigation, the criminal charges were dismissed. The client returned for another citizenship interview, the deportation process was stopped, and USCIS granted citizenship. Read the citizenship success story.

Related experience: In a separate case involving old criminal charges and an improper child-support warrant, our attorneys helped a client obtain permanent residency after more than 16 years of legal proceedings. Read how we addressed the obstacles in his case.

Hear From Our Citizenship Clients

From Removal Proceedings to U.S. Citizenship – Client Testimonial

From Asylum and Permanent Residency to U.S. Citizenship – Client Testimonial in Spanish

From a Tourist Visa to U.S. Citizenship – Client Testimonial in Spanish

Benefits of U.S. Citizenship Compared with those of a Green Card

Permanent residents may live and work in the United States, but citizenship provides additional rights and opportunities, including:

• Civic participation: Vote in federal elections and other elections for which you qualify, and seek many elected offices, subject to the rules for the office.
• A U.S. passport and greater security: Travel as a U.S. citizen without losing citizenship merely because you spend an extended period abroad.
• Employment and family opportunities: Qualify for certain jobs restricted to citizens, sponsor additional categories of relatives, and potentially transmit citizenship to qualifying children.

U.S. citizens can petition for spouses, unmarried children, and married sons and daughters. Citizens who are at least 21 may also petition for parents and siblings.

The immediate-relative categories for qualifying spouses, unmarried children under 21, and parents of adult U.S. citizens are not subject to annual immigrant-visa limits, although application processing still takes time. Other family categories can involve substantial waits.

Explore our family immigration services and green card services, or review the USCIS family-petition categories.

Who is Eligible to Obtain U.S. Citizenship through Naturalization?

In most situations, a person is eligible to apply for Naturalization, if they meet the following requirements:

• Applicant has been a lawful permanent resident for five years (or three years for spouses of United States Citizens)
• Applicant is 18 years old or older
• Applicant is of good moral character
• Applicant can speak, read, and write English
• Applicant must pass a test on U.S. history and government
• Applicant was physically present in the U.S. at least half the requisite time
• Applicant has maintained lawful permanent residence continuously
• Applicant swears loyalty to the U.S. by taking an oath of allegiance

(note: minor children of U.S. naturalization applicants may also be eligible and included in a naturalization application, under certain circumstances)

 When Can You Apply for U.S. Citizenship?

Most adult applicants apply through the standard five-year permanent-residence rule or the three-year rule for certain spouses of U.S. citizens. The chart below summarizes these common routes; special rules may apply to military service members and other qualifying applicants. Certain eligibility requirements continue through the oath ceremony. See USCIS residence and physical-presence guidance.

Naturalization Through Marriage to a U.S. Citizen

Under the usual three-year marriage-based rule, your spouse must have been a U.S. citizen for the required three-year period, as well as you must have lived in marital union with that spouse and have been under legal permanent resident status during those 3 years. In addition, you must remain married to that U.S.-citizen spouse through your naturalization process.

Your green card does not have to have been obtained through marriage, but marrying a citizen alone does not make you eligible for the shorter period.

Divorce will prevent use of this marriage-based route, and the standard five-year rule will apply instead. Separation can also affect eligibility. Special statutory provisions, including certain provisions for survivors of abuse, require separate analysis. Review the USCIS spouse eligibility requirements and our immigration services for marriage-based petions .

Can I File my Citizenship Petition (Form N-400) Up to 90 Days Early?

Eligible applicants under the five-year or qualifying three-year rule may file up to 90 calendar days before completing the required continuous-residence period. Early filing does not waive other requirements, including the applicable physical-presence, marital-union, and spouse-citizenship requirements. Confirm your filing date using the current Form N-400 instructions.

Evaluate your eligibility early, but do not assume the first available filing date is the best date for your case. Some applicants need additional records, more qualifying time, or legal work to address an issue before applying.

Issues to Review Before Applying for Citizenship

Travel: Continuous Residence Is Not the Same as Physical Presence

Physical presence measures the time you actually spent in the United States. Continuous residence concerns maintaining your residence here during the required period. An absence of more than six months but less than one year generally creates a presumption that continuous residence was interrupted, which may be overcome with appropriate evidence. An absence of one year or more generally breaks continuous residence unless a qualifying exception applies.

Maintaining permanent-resident status is a separate question. There is no universal rule that a green card is automatically lost after 180 days abroad, and a shorter trip does not necessarily resolve concerns about abandoning U.S. residence. A reentry permit also does not, by itself, preserve continuous residence for naturalization. We review the length and purpose of trips and evidence of your continuing U.S. ties under the USCIS continuous-residence and physical presence rules.

Can I Apply for Citizenship with an Arrest or Criminal Record?

Possibly. The answer depends on the offense, court outcome, sentence, dates, and other facts. Some criminal matters can prevent naturalization or create other immigration consequences. USCIS may consider moral conduct outside the usual three- or five-year good-moral-character period, so an older case should not be ignored.

Also, there are regulations that do not permit a person who is on probation for a criminal case to have their N-400 petition for citizenship approved.

Provide your attorney with complete records of arrests, charges, convictions, and dispositions, including cases that were dismissed, sealed, expunged, or vacated. Those outcomes do not all have the same effect under immigration law. For example, relief based only on rehabilitation may be treated differently from a conviction vacated because of a substantive or procedural defect. Review is needed before filing, not just before the interview. See USCIS guidance on criminal history and good moral character.

Taxes, Family Obligations, and Prior Immigration Records

Unfiled tax returns, unpaid taxes, child-support problems, failing to register for Selective Service, and inconsistencies in prior applications may require explanations or additional evidence when filing a U.S. citizenship application (N-400).

Providing USCIS with the appropriate documentation and information can prevent these issues from causing an N-400 to be denied.

For example, if a tax return has not been filed, you may be able to request an extension with the IRS which would allow your N-400 to be approved.

If you owe money to the IRS for unpaid taxes you could enter into a payment plan and provide USCIS with documentation that you are up to date with your payments which would also allow your N-400 to be approved.

If you have an outstanding debt related to child support this can seriously impact your ability to demonstrate good moral character which is necessary for approval of an N-400.  Providing USCIS with records from court filings that show you are either compliant with an approved payment plan, or you have filed motions to modify the terms of an order of support, may permit USCIS to approve your case.

If you are a male who resided in the U.S. when you were 18-26 years old, unless you were on a non-immigrant visa, you were legally obligated to register with the Selective Service, the agency that drafts soldiers to the military.  If you failed to register you may be found ineligible for citizenship.

A statement about your lack of knowledge of the registration requirement and your willingness to have served if required, may allow you to overcome your failure to register and to be qualified for U.S. citizenship.  Learn more about USCIS good-moral-character requirements.

Take the Next Step Toward U.S. Citizenship with Confidence

You have worked hard to build your life in the United States. Let us help you move toward the opportunities and security that citizenship can bring. Whether you are ready to apply or have concerns about your eligibility, FitzGerald Law Company’s Boston citizenship and naturalization lawyers offer more than 30 years of immigration experience and personalized guidance to help you understand your options, prepare your application, and address potential obstacles.

The Naturalization Process: From Form N-400 to the Oath of Allegiance

The naturalization process generally includes the following steps:

1. Review eligibility and file Form N-400. Confirm that you are not already a citizen through a parent, evaluate the filing requirements, and submit Form N-400, Application for Naturalization, with required evidence and the proper fee or qualifying fee waiver or reduced fee request.

2. Complete biometrics as instructed. USCIS issues a receipt and instructions for required biometrics. Attend the appointment listed in your notice and follow USCIS procedures if rescheduling is necessary.

3. Attend the naturalization interview. A USCIS officer reviews your application and eligibility, asks about your history, and administers the required English and civics tests unless an exception applies.

4. Receive a decision or further instructions. USCIS may approve the application, continue it for additional evidence or testing, or deny it. A denial notice explains the reasons and the process for requesting a hearing.

5. Attend the oath ceremony after approval. You must continue to meet applicable requirements, report relevant changes since your interview, complete the ceremony notice questions, and generally surrender your green card. You become a citizen upon taking the Oath of Allegiance, unless an authorized oath waiver applies, and receive a Certificate of Naturalization.

Additional evidence, testing, or legal review may be necessary in an individual case.

Documents Needed for Your Citizenship Application

The required documents depend on your eligibility category and history. Follow the current application and interview instructions rather than treating any general checklist as a universal filing requirement. Supporting documentation for an N-400 petition generally includes:

• Identity and immigration records: Your green card, relevant passports and travel documents, and prior immigration notices or applications.
• Residence, work, and travel history: Addresses, employment or school information, and trips abroad for the periods required by the form; evidence supporting residence when an absence requires explanation.
• Marriage and family evidence: Marriage certificates, proof that prior marriages ended, the spouse’s citizenship evidence, and records supporting marital union when using the three-year route. Children’s records may be relevant to particular questions.
• Additional supporting records: Certified court dispositions, relevant tax and support records, Selective Service documentation, or other evidence needed to address your circumstances.

Birth certificates and two passport photographs are not universal submission requirements for every domestic N-400 applicant. Submit them when the applicable instructions or circumstances require them. Follow USCIS rules for copies, originals, and certified English translations of foreign-language documents. Consult the N-400 document instructions.

Preparing for Your Citizenship Interview

Review the complete N-400, confirm that your answers remain accurate, and identify changes in your address, employment, travel, marital status, or other relevant circumstances. Bring the documents requested in the appointment notice and be prepared to explain any issue identified in your application.

Our citizenship and naturalization attorneys help clients understand what to expect and prepare to answer questions truthfully and clearly. Preparation should address your personal history as well as the test. Our attorneys usually attend your interview in person if the client is in MA or will appear telephonically if the interview is in another state.

The Citizenship Test and English-Language Exceptions

Applicants who file Form N-400 on or after October 20, 2025 generally take the 2025 civics test: the officer asks up to 20 questions from a bank of 128, and 12 correct answers are required to pass. Those who filed before that date generally take the 2008 version, with six correct answers required out of up to 10 questions. The applicable version depends on the filing date, not simply the interview date. Use the official USCIS test and study resources.

Do I Have to Take the Citizenship Test in English?

Many applicants must demonstrate basic English speaking, reading, and writing ability. The following age-and-residence exceptions are measured at the time of filing:

Qualifying for an English exception does not automatically waive civics testing. Follow the USCIS rules for exceptions, accommodations, and interpreters.

Disability Exceptions and Accommodations for the English and Civics Tests

A qualifying physical or developmental disability or mental impairment may support an exception to English, civics, or both through Form N-648, Medical Certification for Disability Exceptions. An authorized medical professional must complete the certification, and USCIS determines eligibility. Limited English or age alone is not a medical exception. Disability accommodations, such as accessibility assistance, are separate from waiving the testing requirements.

Citizenship Lawyer Fees and USCIS Filing Costs

USCIS Fees for Form N-400

You will be required to pay the standard N-400 filing fee. Eligible applicants may request a reduced fee or a full fee waiver. Requests for a reduced fee or fee waiver must accompany a paper application under the current instructions. Special fee exemptions may also apply, including for qualifying military applicants.

Verify the current USCIS filing fees and reduced-fee eligibility requirements before submitting an application as these can change at any time. Government fees are separate from attorney fees.

FitzGerald Law Company’s Citizenship Attorney Fees

Our published immigration legal fee schedule lists all the fees for different citizenship-related services. The services covered and the fee for your matter will be set out in your representation agreement.

Citizenship for Children and Citizenship Through Parents

Some people receive U.S. citizenship automatically through a parent and do not need to apply for naturalization. For a child born outside the United States, this depends on the parents’ citizenship, the child’s age and residence, custody or adoption facts, and the law in effect when the relevant events occurred.

Citizenship Acquired at Birth Abroad

A child born abroad may acquire citizenship at birth through a U.S.-citizen parent who meets the applicable transmission requirements, including any required prior U.S. physical presence. Having a citizen parent alone does not resolve every case. A Consular Report of Birth Abroad can document qualifying citizenship; however, it does not grant citizenship that the child did not acquire under the law.

Automatic Citizenship After a Parent Naturalizes

Under the current general rule, a foreign-born child may automatically acquire citizenship when all required conditions are satisfied before age 18: at least one qualifying parent is a U.S. citizen, the child is a lawful permanent resident, and the child resides in the United States in that parent’s legal and physical custody. The child must also meet the applicable legal definition of a child.

Listing your child on Form N-400 is not an application to naturalize the child through your petition. A qualifying child may instead become a citizen automatically when the parent takes the oath of allegiance and all conditions are met. Historical cases may be governed by different rules. See USCIS citizenship-through-parents guidance.

Adopted Children and Children Living Abroad

For internationally adopted children, an IR-3 or IH-3 admission may lead to automatic citizenship when the adoption and all citizenship requirements are satisfied. Children admitted with IR-4 or IH-4 visas generally need additional adoption steps before they can qualify. The visa label alone does not establish citizenship. Age, U.S. residence, custody, and the legal validity of the adoption matter. Review USCIS guidance for internationally adopted children.

Children who regularly live abroad and are not already citizens may qualify for naturalization through Form N-600K. This process generally requires completion before age 18, qualifying U.S. physical presence by a parent or, in some cases, a grandparent, and lawful temporary presence in the United States to complete the process. Special exceptions may apply.

N-600, N-600K, and Proof of Citizenship

Form N-600 requests a Certificate of Citizenship documenting citizenship already acquired through a parent. N-600K is used to obtain citizenship for a qualifying child living abroad and completion of that process leads to a Certificate of Citizenship. By contrast, a person who naturalizes through Form N-400 receives a Certificate of Naturalization after meeting the oath requirement. An eligible person who is already a citizen may also seek a U.S. passport as evidence of citizenship; the documents required depend on the claim.

Help With Citizenship Denials and Delayed N-400 Applications

A denial of your citizenship application requires prompt attention. Eligible applicants may request a hearing before an immigration officer using Form N-336, generally within 30 calendar days of receiving the denial decision, or within 33 calendar days if USCIS mailed it. Have an attorney review the notice and calculate the deadline as soon as possible. A hearing request is not a guarantee that the denial will be reversed.

For certain delays, federal-court review may be available. One statutory remedy concerns USCIS’s failure to make a determination within 120 days after the naturalization examination, not 120 days after filing Form N-400. The appropriate remedy depends on the case, and a lawsuit (writ of mandamus) does not guarantee citizenship approval. Learn about our lawsuits against USCIS and federal-court services.

Schedule a Consultation with a Boston Citizenship Lawyer

Whether you are preparing your first N-400, addressing a concern in your immigration or criminal history, or you are exploring citizenship through a parent, FitzGerald Law Company can help you evaluate the next step. Bring your green card, relevant USCIS notices, and any records related to your concerns so we can discuss the issues that matter to your case.