Citizenship & Naturalization Attorney in Silver Spring, Maryland

Eligibility Requirements for Naturalization

Most lawful permanent residents apply for naturalization under INA § 316, which requires: (1) being at least 18 years old; (2) continuous residence in the United States as an LPR for at least 5 years (or 3 years if married to and living with a U.S. citizen); (3) physical presence in the U.S. for at least 30 months of the 5-year period (or 18 months of the 3-year period); (4) continuous residence in the state or USCIS district where the application is filed for at least 3 months; (5) good moral character; (6) attachment to the principles of the U.S. Constitution; and (7) ability to read, write, and speak basic English, and pass the civics test.

Certain applicants — particularly those over 50 with long periods of LPR status, and those with qualifying disabilities — may be eligible for modified English requirements or disability-based exemptions from the English and civics requirements.

• 5-year continuous residence requirement (standard)
• 3-year requirement for spouses of U.S. citizens (must be living with citizen spouse)
• Military service expedited naturalization
• Naturalization for children of U.S. citizens (derivation and acquisition of citizenship)
• Disability exception to English and civics requirements (N-648)
• 50/20 and 55/15 rules for modified civics test (in applicant's language)

The Naturalization Process

The naturalization process begins with filing Form N-400 (Application for Naturalization) with USCIS along with supporting documents and the required fees. After filing, USCIS schedules a biometrics appointment, reviews the application, and then schedules an interview.

At the naturalization interview, an officer reviews the N-400 line by line, asks questions about the applicant's background and good moral character, and administers the English reading and writing test and the civics test (10 questions, must answer at least 6 correctly).

If approved at the interview (or shortly after), the applicant takes the Oath of Allegiance at a naturalization ceremony — either at a USCIS office or in a federal court — and receives their Certificate of Naturalization.

Attorney Fogam prepares each client for the N-400 interview by conducting a mock interview, reviewing potential problem areas in their application, and ensuring they are confident and ready to present their case. We also track all deadlines related to continuous residence and travel.

• N-400 application preparation and review
• Supporting document checklist and preparation
• Continuous residence and physical presence calculation
• Good moral character evaluation (trips abroad, prior arrests, tax compliance)
• Civics test study materials and mock test
• Interview preparation and mock interview session
• N-648 Medical Certification for Disability Exceptions
• Certificate of Naturalization and passport application guidance

Preserving Continuous Residence During Extended Travel

Extended absences from the United States can disrupt the continuous residence requirement for naturalization, potentially resetting the clock on your eligibility. Absences of 6 months or more may create a presumption of disrupted continuous residence, and absences of 1 year or more presumptively break continuous residence.

If you must travel for an extended period, advance planning is critical. Form N-470 (Application to Preserve Residence for Naturalization Purposes) may be available for qualifying reasons, including employment by a qualifying U.S. company, religious organization, or government agency abroad.

Attorney Fogam helps clients assess whether their travel history affects their naturalization eligibility and advises on the best filing timing to maximize chances of approval.

Children and Citizenship

U.S. citizenship can be acquired at birth (if born to U.S. citizen parent(s)) or through derivation after birth when a parent naturalizes (under the Child Citizenship Act of 2000). A child born abroad to at least one U.S. citizen parent may acquire citizenship at birth; a child who becomes a permanent resident before age 18 may automatically derive citizenship when a parent naturalizes.

Attorney Fogam advises on applications for Certificates of Citizenship (N-600), assists with passport applications for citizen children, and evaluates citizenship claims for adults who may have derived citizenship without realizing it.