Naturalization

Naturalization is the process for how a lawful permanent resident becomes a U.S. Citizen. An applicant is eligible for Naturalization when the following requirements are met:

  • At least 18 years old.
  • Permanent Residence Status for 5 years. If obtained permanent residency through a US Citizen spouse, the residency requirement is only 3 years.
  • Resided for at 90 days within the state where the application is filed.
  • Physically present in the U.S. for at least one-half of the 5 years (one half of the 3 years for a spouse of a U.S. Citizen).
  • Resided continuously within the U.S. from the date the application was filed until the ceremony for the oath of citizenship.
  • May not be outside the U.S. continuously for 1 year or more during the required 5 or 3 years.
  • Must be a person of good moral character.

Common Reasons for Denial of Naturalization

1. Not knowing sufficient English to pass the examination

Naturalization applicants generally must speak, read, write, and understand English. Those who are exempt from the requirements include applicants who are at least 50 years old and have been permanent residents for at least 20 years, and those who are at least 55 years old and have been permanent residents for at least 15 years.

Applicants are exempt from the English requirements if they are unable to learn English due to a medical condition. Our clients have obtained exemptions based upon clinical depression, chronic fatigue, anxiety disorders, side affects of medications, age-related memory loss, Alzheimer's disease, and head injuries.


2. Arrests

The government may deny naturalization if the applicant is on probation for any crime. The Dallas Immigration Office, unlike other Immigration Offices, has denied naturalization for any criminal conviction committed during the required period of good moral character. In 2008, we successfully challenged that policy and won in US District Court.  A DWI or other similiar one time offense should not stop a lawful permanent resident from being naturalized.