Citizenship and Naturalization

At the Law Offices of Hoyt S. Minkoff, we represent each Client throughout the entire Naturalization process. We provide a careful analysis of each client’s eligibility for Naturalization. We prepare the application, organize the supporting evidence and file the application as the legal representative. After filing, we continue to monitor the process, prepare our client for the interview and I am always by my Client’s side during the interview. Our Attorney’s presence during the interview ensures that our Client is not being intimidated, understands the issues and is treated fairly during the interview. We have considerable experience with complex Naturalization cases such as “medical waivers” for the English and civics requirements, derivative citizenship, and prior criminal issues. Most importantly, we have enjoyed a very high success rate because we only file Naturalization applications that we believe are strong and “Approvable.”

It is vital to have an attorney carefully review your eligibility for Naturalization to ensure that there are no issues that may cause your application to be denied or may cause you to be placed in Deportation or Removal proceedings. Among the key issues we review are:

• Time spent outside the United States;
• Any convictions or other criminal issues;
• Child or spousal support obligations; and
• Federal tax issues.

GENERAL REQUIREMENTS FOR BECOMING A U.S. CITIZEN THROUGH NATURALIZATION

To qualify for naturalization, you must:

1. Be at least 18 years old;

2. Have been a lawful permanent resident for the past 5 years;

Exceptions:

• If you are currently married to a U.S. citizen and have been married for the past 3 years,you can apply after 3 years.
• If you have asylum status, you may be credited for one year and may apply based on thedate as reflected on your LPR Card.

3. Have maintained “Continuous Residency” in the United States for the required 3 or 5 years;

4. Have resided in the state from which you are applying for at least the last three months;

5. Have good moral character;

6. Be able to speak, read, and write English at a basic level.

Exceptions to the English Language Requirement:

• You are 55 years or older and have been a LPR for 15 years,
• You are 50 years or older and have been a LPR for 20 years, or
• Approved Medical Waiver from the English language requirements.

7. Be able to pass a test on U.S. history and government.

Exception: If you have a medical condition, such as Alzheimer’s Dementia, that prevents you from learning new information and the English language you may qualify for a “medical waiver” for both the English and the civics test requirements.

8. Swear that you are loyal to the United States.

The above general requirements do not constitute legal advice, but is only intended to highlight the general requirements issues relating to Naturalization and to explain what an attorney must review. A careful legal analysis by a qualified immigration attorney is required to ensure your eligibility for Naturalization.

Medical Waivers

In general, an otherwise qualified Naturalization applicant may have the English language and the civics test requirements waived if there is a medical condition that directly affects the applicant’s ability to learn a new language or new information for the Naturalization test. A common example is an applicant who has Alzheimer’s Dementia which prevents the applicant from learning English or to study and learn new information such as for the Civics exam. While the process may seem straight forward, there needs to be medical documentation of the medical condition and a finding by a qualified doctor. Moreover,the waiver application must establish a clear nexus between the medical condition and the applicant’s ability to study and learn new information. While the doctors are great at diagnosing and documenting the qualifying medical condition, doctors are typically busy treating patients and are not trained to present the legal arguments and the individualized facts, necessary for a successful medical waiver.  We have considerable experience with Medical Waiver cases and have enjoyed a very high rate of success withe these types of cases.

Naturalization Intake Questionnaire (N-400)