Citizenship and Naturalization

Becoming a U.S. citizen is often the last step in a long immigration journey, and it is the one that protects you most. Citizens can vote, hold a U.S. passport, sponsor more relatives and stop worrying about losing status because of time abroad. But naturalization is not automatic. USCIS reviews your whole record before it approves an application, so preparation matters. Our office helps permanent residents in Atlanta, Norcross and across Georgia decide when to file, spot problems early and prepare for the interview.

Who can apply for naturalization

Most applicants qualify under one of two main rules in the Immigration and Nationality Act (INA):

• The five-year rule (INA 316). You have been a lawful permanent resident for at least five years.
• The three-year rule (INA 319(a)). You have been a permanent resident for at least three years, you have been married to and living with the same U.S. citizen spouse for those three years, and your spouse has been a citizen the entire time.

Either way, you must also show:

• Continuous residence in the United States for the required period. A trip of more than six months can raise a question about whether residence was broken, and a trip of a year or more generally breaks it unless an exception applies.
• Physical presence in the United States for at least half of the required period: 30 months under the five-year rule or 18 months under the three-year rule.
• Three months of residence in the state or USCIS district where you file.
• Good moral character during the statutory period and up to the oath ceremony.
• English and civics knowledge, unless an exception applies.
• Attachment to the principles of the Constitution and willingness to take the Oath of Allegiance.

USCIS allows most applicants to file up to 90 days before they reach the three- or five-year mark. Filing even one day too early can lead to a denial, so we calculate the date carefully. Special rules also apply to members and veterans of the U.S. armed forces under INA 328 and 329, and to some spouses of citizens who work abroad.

Good moral character: where most problems start

Good moral character is where most naturalization cases run into trouble. USCIS looks at your conduct during the statutory period and can consider earlier conduct as well. Some issues are permanent bars, such as a conviction for an aggravated felony on or after November 29, 1990. Others are conditional bars or discretionary factors, including:

• Arrests, citations, and criminal charges, even if dismissed
• Failure to file tax returns or pay taxes owed
• Failure to pay court-ordered child support
• Giving false information to obtain an immigration benefit
• Unlawful voting, registering to vote as a noncitizen, or claiming to be a U.S. citizen
• Driving under the influence, especially repeat offenses

In August 2025, USCIS updated its policy manual on false claims to U.S. citizenship, unlawful voter registration and unlawful voting. These issues can come up in ordinary ways, such as checking the wrong box on a driver’s license or voter form. If anything like this is in your past, talk with a lawyer before you file. A naturalization interview can lead to more than a denial. If USCIS concludes that you were not eligible for your green card in the first place, the agency can refer your case to immigration court.

The English and civics tests

At the interview, an officer tests your ability to read, write and speak basic English and your knowledge of U.S. history and government. For applications filed on or after October 20, 2025, USCIS gives the 2025 civics test: the officer asks up to 20 questions from a list of 128, and you must answer 12 correctly. Applicants who filed before that date take the 2008 test, which uses 10 questions from a list of 100.

Some applicants qualify for exceptions. If you are 50 or older and have been a permanent resident for 20 years, or 55 or older with 15 years, you may take the civics test in your own language without the English test. Applicants who are 65 or older with 20 years as residents study a shorter list of questions. A medical disability exception may be available with Form N-648 completed by a licensed medical professional.

What to expect after you file

After you file Form N-400, USCIS schedules a biometrics appointment and runs background checks. Interviews for Georgia applicants are usually held at the USCIS Atlanta Field Office. The officer reviews every answer on your application under oath, so your answers need to match your records.

USCIS has also expanded how it checks naturalization cases. In August 2025 it added guidance on discretionary factors, and in August 2026 it brought back personal investigations, sometimes called neighborhood investigations, under INA 335(a). Expect careful questions about where you have lived and worked, your travel, and your family.

If USCIS approves the application, you take the Oath of Allegiance at a ceremony. You become a citizen only when you take the oath. Until then, report any new arrest, trip or change in circumstances, because the officer may ask about it.

If USCIS denies your application

You can ask for a hearing before another officer by filing Form N-336, generally within 30 days of the denial (33 days if the decision was mailed). If that hearing also goes against you, you may be able to seek review in federal district court. In some cases it makes more sense to wait, fix the issue and file again. The right choice depends on why the case was denied.

Children and citizenship

Some children become citizens automatically when a parent naturalizes. Under INA 320, a child who is under 18, is a permanent resident, and lives in the legal and physical custody of a citizen parent in the United States generally becomes a citizen. These children do not file Form N-400. They can document their citizenship by applying for a U.S. passport or filing Form N-600 for a Certificate of Citizenship. Other children were born abroad to citizen parents and may already be citizens under INA 301 or 309. We can review family records to sort this out.

Documents to gather before you file

• Your green card and any prior immigration documents
• A list of every trip outside the United States since you became a resident, with dates
• Your home addresses and employers for the past five years
• Tax transcripts from the IRS for the statutory period
• Marriage, divorce and children’s birth certificates
• Certified court records for any arrest, charge or citation, including traffic matters that involved an arrest
• Proof of child support payments, if you have support obligations
• Selective Service registration, if you are a man who lived in the United States at any time from age 18 through 25

Hypothetical: A permanent resident in Lawrenceville became a resident five years ago and wants to file now. She spent seven months abroad two years ago caring for a parent. Because that trip was longer than six months, USCIS may presume her residence was broken. Before filing, our office would help her gather evidence that she kept her home, job, lease and tax filings in Georgia. Or we might advise her to wait until the presumption no longer matters.

Visit USCIS to read the citizenship and naturalization chapters of the USCIS Policy Manual. You can also learn more about our Atlanta immigration lawyer services, our help with removing conditions on residence, and how USCIS counts filing deadlines.

This page reflects USCIS guidance as of November 2026. Rules and procedures change, so confirm current requirements before you file.

How our office can help

If you are looking for a naturalization lawyer in Atlanta, our office can confirm your earliest filing date, review your criminal, tax and travel history, prepare Form N-400 and your supporting evidence, prepare you for the interview and civics test, and respond if USCIS asks for more information or denies the case. If a problem in your record means naturalization carries risk right now, we will tell you before you file.

Call us today, at (770) 840-9098 to speak with an attorney.

Disclaimer: The information on this page is for general informational purposes only and does not constitute legal advice. Every case is different and past results do not guarantee future outcomes. Results may vary depending on the specific facts and circumstances of your case.