Citizenship Lawyers in Boston, MA

Becoming a U.S. citizen is an important milestone—but the naturalization process can be more complex than many people expect. Factors such as extended travel outside the United States, inconsistencies with or questionable prior immigration filings, or any criminal history can create obstacles that delay or even jeopardize your application. Working with an experienced citizenship lawyer can help you avoid these risks and move forward with confidence.

At FitzGerald Law Company, our citizenship and naturalization attorneys in Boston, Massachusetts, provide personalized legal guidance based on your individual circumstances. We assist and support clients at every stage of the process, including determining eligibility, preparing and filing Form N-400, reviewing travel and residency history, and responding to requests from U.S. Citizenship and Immigration Services (USCIS).

Our approach is focused on accuracy, strategy, and service—helping you pursue citizenship effectively while minimizing delays and complications.

Even small mistakes in a citizenship application can lead to significant setbacks. By working with a knowledgeable naturalization attorney, you gain the benefit of detailed legal analysis and careful preparation from the start.

If you are considering applying for U.S. citizenship or have questions about your eligibility, contact our office at (617) 303-2600 (ext. 0) or submit our online consultation form to get started.

 

What is Naturalization in the U.S.?

Naturalization is a process that allows foreign-born persons to obtain citizenship in the United States. Once granted American citizenship, foreign-born persons are granted the right to vote, the right to government jobs, the right to apply for resident status for VI family members and the freedom to travel with an American passport which provides entry without a visa into many countries. A key benefit a naturalization applicant will derive once granted U.S. citizenship is the ability to petition for an immediate family member through a faster petitioning process. There are many eligibility requirements a person must fulfill before they submit an application for naturalization.

Who is Eligible for Obtaining U.S. Citizenship / Naturalize in the U.S.?

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)

What Are the Important Benefits of Becoming a U.S. Citizen?

American Citizenship include the right to vote in all government elections (federal, state and local), the right to travel and remain outside the U.S. for periods longer than 180 continuous days, the right to confer citizenship status on certain qualifying children under the age of 18, and others. U.S. Citizens are allowed to petition for the residency of their parents, married children, and siblings while U.S. residents are not. In addition, spouses and children of U.S. citizens may be eligible to receive U.S. residency (Green Card) with shorter waiting periods than family members of legal permanent residents.

When Should I Apply for U.S. Citizenship?

You should apply for U.S. citizenship (become naturalized) as soon as you qualify for it. US Residents share virtually all of the obligations that U.S. citizens have (i.e. the obligation of paying taxes on worldwide income, etc.), but do not have many of the important rights and immigration benefits. In addition, U.S. residency status can be lost or taken away and may be very difficult to regain (i.e. if you remain outside the U.S. for more than 180 days without permission, are convicted of certain crimes, etc.), while can only be lost in extraordinary situations (i.e. in case of treason, etc.).

What is the Duration of U.S. Citizenship or Naturalization in the U.S.?

American Citizenship does not expire. However, it can be voided or withdrawn (i.e. when a person commits certain types of crimes).

Does U.S. Citizenship Need to be Renewed?

No, U.S. Citizenship does not have to be renewed. However, your passport will.

U.S. Citizenship Family Benefits

Certain family members may be immediately eligible to receive citizenship, such as minor children. Others are eligible to receive a green card with shorter wait periods than family members of residents (see Family based residency section for estimated wait periods).

What Documentation Do I Need to Apply for U.S. Citizenship / Naturalization?

  • Birth Certificate(s)
  • Copy of Legal Permanent Residency Document
  • Marriage Certificate (if applying because of marriage to a United States Citizen)
  • Employment and residence history for the last five years
  • List of trips taken outside of the U.S. during the last five years
  • Two passport size photographs on white background

U.S. Naturalization / Citizenship Process

Stage One:

Prepare and file form N-400 (Application for Naturalization) with the appropriate filing fees at the Immigration Service Center in your district.

Stage Two:

Once the application is submitted, the applicant will receive notice of a fingerprint appointment date and shall appear on this date

Prepare for and appear for all meetings and interviews scheduled by the U.S. Immigration Service. (Note: failure to attend scheduled meetings may result in a denial of naturalization).

Attend citizenship interview before an immigration officer. The officer will test the applicant’s knowledge of U.S. civics and government, and English literacy tests.

If the applicant satisfies the interviewing officer and the alien’s file is complete, the applicant will then be scheduled for a swearing in ceremony.

Stage Three:

The applicant is given an appointment notice with an attached list of questions that must be submitted at the swearing in ceremony. This is to ensure that the applicant has maintained their lawful presence and good moral character between the time of the interview and the swearing in ceremony. Once the form is submitted, the applicant will be sworn in. The applicant must turn in their I-551 card (Legal Permanent Residency Document or “green card”) and are subsequently issued a naturalization certificate. At this point, the applicant is an official U.S. Citizen! Although the process can seem complex, working with an experienced U.S. citizenship lawyer can help ease the burden of gathering documentation and applying for naturalization.

What are the USCIS Filing Fees for Citizenship?

Together with your Citizenship application, you will need to pay the USCIS fee for form N-400.  Verify the USCIS filing fees for the forms mentioned above, as they change regularly.

What are the Fees of Our U.S. Citizenship Attorneys to Petition for Citizenship or Naturalization in the U.S.?

Learn more about our immigration legal fees.
Call 617-303-2600 or Fill Out our Online Consultation Request if you would like to come in for an initial consultation with one of our immigration attorneys in Massachusetts.

 

FAQ

Can I apply for U.S. citizenship while my application for removal of residency conditions, I-751, is still pending?

Fortunately, applicants may apply for American citizenship with an N-400 form even if their I-751 petition to remove their conditional status is still pending without a decision.

If you are considering applying for naturalization while your I-751 petition is still pending, our immigration attorneys can advise and represent you to help you properly prepare the application. For a consultation about your case, contact FitzGerald Law Company today at (617) 303-2600.

How Long is the N-400 U.S. Citizenship Application Process, and How Long After the Interview Will I Have the Oath Ceremony?

Generally USCIS will adjudicate an N-400 within 6-12 months, but the processing times change frequently. USCIS publishes general processing times on their website. Once USCIS has approved your N-400, you will be scheduled for an “Oath Ceremony” which is generally between 2 weeks to 2 months from the date of the approval depending upon the region of the country where you are and the availability of government resources at that time. Remember in most cases you are not a U.S. citizen until the oath of citizenship is administered.

I got my U.S. residency by marrying a U.S. citizen, but we are divorced. Can I apply for citizenship after 3 years of having my legal permanent residency or do I have to wait 5 years?

To obtain citizenship after only 3 years of becoming a lawful permanent resident, you must remain married to a U.S. citizen until your naturalization is granted; otherwise, you must wait until you have completed 5 years as a lawful permanent resident.

How Much Time Can a Legal Permanent Resident Spend Outside of the Country and Still be Eligible to Apply for Naturalization in the U.S.?

Generally you cannot be outside the U.S. for more than 180 continuous days without special permission, however, this is not the only requirement. You must also permanently reside in the United States. This is not only established by the number of days you are in the U.S., but rather, by your conduct and activities. For example, if you sell your house in the U.S. and purchase a house in another country, accept employment in another country, and enroll your children in school in another country; even though you could have been outside the U.S. for only a short period of time, for purposes of immigration, you may have established your residency outside the U.S. and therefore lost your legal permanent resident status, which is a requirement to apply for U.S. citizenship.

I Don’t Speak English Well, Do I Still Have to Take the Citizenship Language and Civics Exam, or Are There Any Exceptions?

You are exempted from taking the English exam, and may be allowed to take the civics test in the language of your choice if you fit into one of the following categories:

  • You are age 50 or older and have lived in the United States as a Permanent Resident for periods totaling at least 20 years.
  • You are age 55 or older and have lived in the United States as a Permanent Resident for periods totaling at least 15 years.
  • You are age 65 or older and have lived in the United States as Permanent Resident for periods totaling at least 20 years. In this case, you may take an abbreviated civics exam.

If you elect to take the civics test in a different language than English, you must bring an interpreter to the interview.
To qualify for one of these exceptions, your time as a Permanent Resident does not have to be continuous and your time as a conditional resident counts towards your total time of residency as well. You may also be able to qualify for a language and civics test exception if you have extraordinary health conditions.

I Served in the Military, Can I Apply for US Citizenship Earlier?

Yes. U.S. Military personnel may be eligible to file for U.S. Citizenship earlier than other civilians, even if they served during a period of peacetime. Also, while some general naturalization requirements apply to members or veterans of the U.S. military, certain requirements may not apply to you or be reduced. For example, if you are under active duty you may not have to reside in or be physically present in the U.S. for any length of time before you may apply for naturalization.There are special services and assistance that the government provides for members of the U.S. Armed Forces. Information about eligibility and access to these services can be found at the following websites:

U.S. Military Help Line

Can I still be eligible for U.S. citizenship if I have a criminal charge or conviction?

In some situations, you may still be eligible to apply for American citizenship even if you have a criminal charge or conviction, but this depends on several factors such as the type of crime you were accused of, the basis of the charges, whether or not you were convicted, and the type of sentence you received. Some criminal activities will make you ineligible to obtain citizenship, while others will not. An immigration attorney with criminal experience is best suited to help you determine whether you are eligible to apply for naturalization, so it is advisable to consult one if you have had a criminal charge and are interested in applying for U.S. citizenship. If you would like to schedule an appointment with one of our immigration and criminal defense attorneys at FitzGerald Law Company, call us at (617) 303-2600 or complete the appointment request form on our website.

When are children eligible to obtain U.S. citizenship automatically through their parents?

If you become an American citizen, your children may also become American citizens through the Child Citizenship Act of 2000 (CCA). This law applies to children who turned 18 on or after February 27, 2001, which is the date the law went into effect. To qualify for “automatic” citizenship under the CCA, your child must meet the following requirements:

  • Be under 18 years of age;
  • Have at least one parent who is a U.S. citizen;
  • Be in the legal custody of the U.S. citizen parent; and
  • Be present in the United States as a lawful permanent resident.

Children who automatically naturalize do not have to take the oath of allegiance and are allowed to keep any citizenship they hold from another country on the day of their naturalization.

If I haven’t filed taxes, am I eligible for US citizenship?

If a person is applying for American citizenship and is filing the N‑400 application (Application for Naturalization), then the person must demonstrate that they have good moral character, which generally requires complying with the laws of this country. The N‑400 application contains specific questions related to taxes, and failing to properly file taxes has been cited as a basis for denying N‑400 applications. See Iqbal v. Sec’y United States Dep’t of Homeland Sec., 190 F. Supp. 3d 322, 325 (W.D.N.Y. 2016) [On March 1, 2011, an N‑400 was denied because the applicant had not disclosed that he owed back taxes.] and Gedi v. Gonzalez, No. 1:07‑CV‑2507‑RWS, 2009 U.S. Dist. LEXIS 71678, at 2 (N.D. Ga. Aug. 14, 2009) [On February 27, 2002, USCIS issued a decision stating that the applicant was ineligible for naturalization because he had not submitted copies of his tax returns.]

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