Naturalization and Citizenship Lawyer in New York City
Preparing N-400 applications and representing lawful permanent residents at the USCIS field office at 26 Federal Plaza — in English, Farsi, and Punjabi.
Overview
What This Practice Covers — and Who Needs It
Naturalization is the legal process through which a lawful permanent resident becomes a United States citizen. For most people, it is the final step in a long immigration journey — and despite how routine the process can look from the outside, it remains the stage where prior immigration mistakes, overlooked criminal history, unreported tax issues, or extended foreign travel can surface as barriers that were invisible during the green card process.
Yazdi Law represents lawful permanent residents in naturalization matters — preparing and filing Form N-400, representing clients at the USCIS interview at 26 Federal Plaza and the other NYC field offices, and handling complex cases involving good moral character concerns, continuous residence questions, selective service registration issues, and post-approval delays. Counsel is available in English, Farsi, and Punjabi. If you are preparing to apply for naturalization — or if your N-400 has already been filed and something has gone wrong — call (917) 565-7286 for a free consultation.
Legal Foundation
The Legal Framework
Naturalization is governed primarily by the Immigration and Nationality Act (INA) and implemented by U.S. Citizenship and Immigration Services (USCIS), an agency of the Department of Homeland Security. The statutory framework is well-established, but the adjudication has become more rigorous in recent years, with enhanced vetting extending to naturalization cases and specific form-edition and testing requirements that change over time.
Eligibility under INA § 316 and § 319
Most applicants naturalize under INA § 316 (8 U.S.C. § 1427), which requires five years of lawful permanent residence, continuous residence in the United States for that period, physical presence in the United States for at least half that time, good moral character, attachment to the principles of the Constitution, and the ability to read, write, and speak ordinary English (subject to age and disability exemptions). Spouses of U.S. citizens may naturalize under INA § 319 (8 U.S.C. § 1430) after three years of lawful permanent residence if married to and living with the U.S. citizen spouse for all three years, and if the spouse has been a U.S. citizen throughout that period.
Form N-400 and filing requirements
Naturalization begins with Form N-400, Application for Naturalization, filed with USCIS. The current filing fee is $710 for online filings and $760 for paper filings. USCIS requires the 01/20/2025 edition of Form N-400; applications submitted on earlier editions are rejected. Applicants may file the N-400 up to 90 calendar days before completing their continuous residence requirement — a timing rule worth understanding because early filing shortens the overall process without affecting eligibility.
Good moral character under INA § 101(f)
Good moral character is defined at INA § 101(f) (8 U.S.C. § 1101(f)) and is evaluated over the statutory period (five years for most applicants, three for spouses of U.S. citizens). Certain conduct creates permanent bars (e.g., aggravated felony convictions after November 29, 1990; murder convictions at any time). Other conduct during the statutory period creates conditional bars — including most drug offenses, multiple DUIs, two or more convictions resulting in five or more years of confinement, failure to register for selective service (for males of applicable age), and false testimony for immigration benefits. Even conduct outside the statutory period can be considered if it reflects on current character.
Continuous residence and physical presence
Continuous residence under INA § 316(a) requires the applicant to maintain the United States as a primary place of residence throughout the statutory period. An absence of more than six months but less than a year creates a rebuttable presumption of broken continuous residence; an absence of a year or more (without an approved Form N-470 preserving residence) generally breaks continuous residence entirely. Physical presence requires the applicant to have been physically in the United States for at least half the statutory period.
The English and civics tests
Naturalization requires passing an English-language test (reading, writing, and speaking) and a civics test covering U.S. history and government. Effective October 20, 2025, USCIS implemented a revised civics test. Age and disability exemptions apply to certain applicants — the ‘50/20,’ ‘55/15,’ and ‘65/20’ rules reduce or waive the English requirement for long-term permanent residents above specified ages, and medical disability exemptions under Form N-648 can waive testing entirely for qualifying applicants.
How It Works
The Process, Step by Step
A typical naturalization case proceeds through the stages below. Current national average processing time is approximately 7.8 months as of early 2026, but New York City field offices — which process among the highest volumes of N-400 applications in the country — often run 8 to 14 months from filing to oath ceremony. Realistic timelines are discussed at the consultation.
Eligibility review and consultation
At the initial consultation, we review your green card history, permanent residence timeline, travel records, tax history, criminal history (if any), selective service registration (if applicable), and any prior immigration filings. Many naturalization cases that look straightforward on the surface have eligibility issues — a single extended trip abroad, a long-ago misdemeanor conviction, an unfiled tax year — that deserve careful analysis before filing. For cases with complications, we discuss whether to file now, whether to delay, or whether to address underlying issues first.
Form N-400 preparation
We prepare the N-400 carefully, reviewing every answer against your documentation and addressing any complexity in the application itself rather than hoping it will not surface at the interview. Supporting documents typically include the green card, tax transcripts for the statutory period, selective service proof (where applicable), marriage and divorce documents (for spousal naturalization cases), and complete certified criminal records if any arrests exist. Filing is by online submission through the USCIS online account or by paper filing, depending on the case. Most N-400 applications can be filed online, and online filing generally moves faster through initial processing.
Biometrics appointment
After filing, USCIS issues Form I-797C, Notice of Action, confirming receipt. The biometrics appointment (fingerprinting and photograph at an Application Support Center) is typically scheduled within 3 to 8 weeks of filing, though USCIS now reuses prior biometrics in many cases, sometimes eliminating this step entirely.
Background checks and interview scheduling
USCIS conducts background checks through FBI name and fingerprint checks and additional security screening. Once background checks clear, USCIS schedules the naturalization interview at the appropriate local field office — for most NYC residents, the New York field office at 26 Federal Plaza; for residents of Long Island, the Long Island (Hicksville) field office; for some Queens residents, the Queens Office. Scheduling typically occurs 5 to 10 months after filing for NYC cases.
The naturalization interview
The interview is conducted by a USCIS officer and typically lasts under 30 minutes. The officer reviews the N-400 answers, asks questions to confirm eligibility and good moral character, administers the English-language test (reading, writing, and speaking in everyday English), and administers the civics test (up to 10 questions from the approved bank, with 6 correct answers required to pass under the current testing structure). We prepare clients thoroughly for the interview, including mock interviews that simulate the format and rhythm of the actual appointment. Representation at the interview is permitted, and we appear with clients when requested.
Decision and oath ceremony
USCIS has 120 days from the interview to issue a decision under INA § 336(b). In most cases, the decision is issued at the interview itself on Form N-652 — approval, continuation for additional review, or denial. If approved, the applicant is scheduled for the Oath of Allegiance ceremony, typically within 2 to 6 weeks of approval. The oath is administered either by USCIS or in some cases by a federal court. Citizenship becomes effective upon taking the oath. If denied, administrative appeal to USCIS is available on Form N-336 within 30 days, and judicial review is available in federal court under INA § 310(c).
What to Watch For
Common Pitfalls and How We Avoid Them
Naturalization is often portrayed as a routine final step, but the reality is that it is the stage where previously invisible eligibility issues surface and where prior immigration or criminal history can be reopened. The mistakes below come up regularly.
Filing before analyzing criminal history
Any prior arrest — even one that resulted in dismissal, a sealed disposition, or a juvenile adjudication — must be disclosed on the N-400 with certified court records. Applicants who fail to disclose, or who disclose incompletely, face denial for false testimony (itself a good moral character bar) even if the underlying conduct would not have barred naturalization. We obtain certified records for every arrest before filing, analyze the immigration consequences, and file only when the record is fully understood.
Ignoring tax and selective service issues
Unfiled tax returns and failure-to-file selective service (for males who were between 18 and 26 during their permanent residence and subject to the requirement) are frequently treated as good moral character concerns. These issues can often be addressed before filing — through late filing of returns with IRS, or through documentation of selective service registration or qualifying exemption — but only if identified in advance.
Underestimating extended trips abroad
Many applicants are surprised to learn that a single trip abroad of six months or more can break continuous residence, and that even shorter trips can raise concerns if they form a pattern suggesting the applicant treats another country as primary residence. Travel records are reviewed carefully at the consultation, and in some cases we recommend delaying filing until additional continuous residence is established.
Mishandling the selective service issue for long-ago lapses
Men who should have registered for selective service between ages 18 and 26 but failed to do so create a specific naturalization problem, especially if they are now over 31 (beyond the age when late registration is possible). This issue has specific analytical approaches and documentation strategies that depend on the applicant's age and the circumstances of the non-registration. It is fact-specific and deserves careful handling before filing.
Appearing at the interview unprepared
USCIS interviews are businesslike but substantive. Applicants who cannot answer basic questions about their own application, cannot describe their travel history, or struggle with English-language comprehension often face continuations, RFEs, or denials. Mock interview preparation is one of the highest-value services we provide.
Free Consultation
Ready to apply for citizenship? We'll review your eligibility and identify any issues before filing.
Contact Us NowPricing
Costs and What's Included
Naturalization cases at Yazdi Law are typically handled on a flat fee discussed at the initial consultation and set out in a written retainer agreement before any work begins. The specific flat fee depends on case complexity — a straightforward application for a client with no criminal history, continuous residence issues, or eligibility complications is priced differently from a case involving complex good moral character analysis, prior immigration issues, or coordinated tax and selective service remediation.
The attorney fee is separate from USCIS filing fees, which as of this writing are $710 for online filings and $760 for paper filings. Some applicants qualify for fee waivers (Form I-912) based on income, and we discuss this at the consultation where potentially applicable.
Representation typically includes full case analysis and eligibility review, preparation and filing of Form N-400, document compilation and translation coordination (for foreign-language documents), biometrics appointment coordination, pre-interview preparation including mock interviews, representation at the USCIS interview where requested, response to any Requests for Evidence, and oath ceremony coordination. Initial consultations are free.
FAQ
Frequently Asked Questions
How long does the naturalization process take in New York City?
I have an arrest on my record. Can I still naturalize?
I was outside the U.S. for 8 months last year. Can I still apply?
Do I need to take the civics test in English? What about age exemptions?
Schedule a Consultation
If you are ready to apply for naturalization, or if your N-400 has been filed and something has gone wrong — a Request for Evidence, a continuation at the interview, a denial — call Yazdi Law at (917) 565-7286 or request a consultation online. Our Midtown Manhattan office is at 261 Madison Avenue, Suite 1035, two blocks from Grand Central Terminal. Initial consultations are free. Representation is available in English, Farsi, and Punjabi.
Request a Consultation
Share your details and we'll respond within one business day.
Disclaimer: The information on this page is for general informational purposes and does not constitute legal advice. USCIS processing times, filing fees, and procedural requirements change periodically and reflect information as of the date of publication. Every case is unique; prior results do not guarantee a similar outcome; and outcomes depend on specific facts and circumstances. Contacting Yazdi Law does not create an attorney-client relationship. Attorney Advertising.