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    CITIZENSHIP AND NATURALIZATION

    An applicant is eligible for Naturalization where he/she can meet the following requirements:

    • Must be 18 years of age or older;
    • Must have Permanent Residence Status "Green Card" for five years subsequent to application. If married to a U.S. Citizen, the permanent residency requirement is three years;
    • Must have resided for at least three months within the state the petition was filed;
    • Must be physically present in the United States for at least one-half of the five years (one half of the three years for spouse of a Citizen);
    • Must have resided continuously within the United States from the date the application was filed up to the time of admission to citizenship ;
    • Must not be absent for a period more than one year during the period residence is required; and
    • Must be a person of good moral character.

    Common Reasons for Denial of Citizenship

    • Applicant cannot speak/write English
    • Applicants are required to speak, understand and write in the English language. An exception exists where the applicant is at least 50 years old and has maintained permanent residency for at least 20 years, or is at least 55 years old and has maintained permanent residency for at least 15 years. Here, the applicant may have the examination performed in his or her native language. The applicant may also apply for a Waiver if he/she is unable to learn English due to a medical condition. At CLARK CASTALDI PLLC, our attorneys can assist our clients find solutions to overcome this problem.
    • Arrests
      An applicant may be denied citizenship if he/she is on probation for any crime committed at the time of interview. An applicant may also be denied Citizenship if he/she committed a crime involving moral turpitude. At CLARK CASTALDI PLLC, our attorneys can assist clients to apply for waivers for criminal convictions to maximize the chances of approval even if our clients have been convicted.

    Application Procedure

    Once the Naturalization Application is submitted, the applicant will be scheduled for a fingerprinting appointment. Applicants can file up to three months before he/she meets the residency requirement. All Applicants for Citizenship will be interviewed by the Immigration and Naturalization Service. The applicant may request one re-examination. A CLARK CASTALDI PLLC attorney may accompany the applicant to his or her Naturalization Interview.