To begin, you must hold a green card (lawful permanent resident status) before you can apply for citizenship through naturalization. The standard requirement is that you have held your green card for at least five years. However, if you are married to a U.S. citizen, that window shortens to three years, provided you have been living in marital union with your spouse throughout that period.
In addition to permanent resident status, you must also show that you have continuously resided in the United States for the required period and that you have been physically present here for at least 30 months out of the five years before you file. For those applying based on marriage to a U.S. citizen, the physical presence requirement is 18 months out of three years.
Therefore, it is important to consider how your travel history may affect eligibility. Extended trips outside the United States can create problems. Trips of six months or longer may disrupt your continuous residence. If you travel often or have spent long periods abroad, speak with an immigration attorney before you apply.
Beyond national requirements, you must also have lived in the state or USCIS district where you plan to apply for at least three months immediately before filing. For applicants in New York, this generally means establishing residence in the state before submitting your Form N-400.
Next, remember that you must be at least 18 years old to apply for naturalization on your own. Children may be able to acquire citizenship through a parent in certain circumstances, but the standard naturalization process requires adult applicants.
In addition to age, USCIS requires you to show good moral character for the statutory period, which is usually five years before your application. Some criminal convictions can permanently bar you from naturalization or bar you for a set period. Other conduct, such as failing to pay taxes, failing to pay child support, or committing immigration violations, may also affect eligibility. Every case is reviewed individually.
You will also need to meet English language and civics requirements. Most applicants must show they can read, write, and speak basic English. They must also pass a civics test on U.S. history and government. USCIS updated the civics test in October 2025. The test you take depends on when you file your application.
There are, however, exceptions to the English language requirement for certain older applicants who have held a green card for a long time. For example, applicants who are 50 years or older and have been lawful permanent residents for at least 20 years, or those who are 55 and have held their green card for at least 15 years, may be exempt from the English requirement and can take the civics test in their native language.
As the final step, you must take the Oath of Allegiance to the United States, affirming your loyalty to the country and its Constitution. This is the last stage in the naturalization ceremony.
The naturalization process means a thorough review of your immigration and personal history. Even small issues can complicate an application. At Nunez Law Firm, we help people in New York navigate citizenship with clarity and confidence. Contact us online or call 917-708-1072 to schedule a consultation and see if you are ready to apply.
]]>If you’re married to a U.S. citizen, there are a few helpful requirements to meet before filing Form N-400. Below, you’ll find a snapshot of what you’ll need for your naturalization journey:
Some parts of the law might change the usual timeline or rules for spouses of U.S. citizens. Knowing about these exceptions can help you plan your application:
The journey to citizenship through marriage is clear and approachable, guided by USCIS. Being organized with your documents and knowing what to expect every step of the way can help you feel confident and make the process smoother:
Don’t let uncertainty delay your journey to U.S. citizenship. If you have concerns about your eligibility or need guidance on the process, our experienced immigration attorneys are here to help you succeed. Take the next step with confidence, call the Nunez Law Firm at 917-708-1072 now to schedule your consultation with New York’s trusted naturalization and citizenship lawyers.
]]>Your first step is to secure a new employer willing to sponsor your visa. Not every company is equipped to manage the necessary immigration documentation, so inquire about sponsorship early in the application process. Once you have an offer, your new employer assumes responsibility for filing the required petition for you to work lawfully for them.
Your new employer submits Form I-129, Petition for a Nonimmigrant Worker, to U.S. Citizenship and Immigration Services (USCIS), providing information about the job, your qualifications, and the company, along with any required filing fees, supporting documents, and, depending on the visa type, a labor condition application.
After submitting the petition, USCIS sends a receipt notice confirming receipt. Processing times can vary by location and visa type. Premium processing is available for many petitions, guaranteeing a decision within 15 business days for an extra fee. This option may be beneficial when timing is important.
Maintaining a valid status during a job change is critical. For most employment visas, you must continue working for your current sponsor until your new petition is approved or, in certain cases, until the receipt notice is issued. Employment gaps, even short ones, could affect your eligibility to remain in the country.
Each employment visa has its own rules for job changes, and what works for one category may not apply to another. Key points for the most common work visas are as follows:
Given these category-specific considerations, consulting an experienced attorney can clarify timing and paperwork to avoid status issues.
If you are ready to move forward, contact Nunez Law Firm at 917-708-1072 to schedule a consultation with our employment visa attorney in New York. We will address your questions, explain your options, and help you transition smoothly to your new role.
Immigration outcomes depend heavily on your specific facts, including your current status, prior immigration history, and timing of filings. The information provided here is general in nature and may not apply to your situation. You should not take or delay action based on this information without consulting an immigration attorney who can assess your individual case. Unauthorized employment, status violations, or prior immigration issues may affect eligibility for benefits or ability to change employers.
]]>Visa denials usually come down to specific issues that can be identified once you read the denial notice carefully. Some of the most common reasons applications are turned down include:
The denial notice lists the legal reason for the decision, often using a code or section reference. This detail guides your options, such as whether to reapply or appeal.
A denial does not always close the door. There are practical steps you can take immediately after the decision:
Act quickly, deadlines for appeals and motions can be short. Delays may limit your options, even with a strong case.
Not every denial can be appealed, but many can. The specific process depends on which agency made the decision and what kind of visa was involved:
Appeal decisions can take months, and the outcome depends heavily on how the case is presented. Strong documentation and a careful legal argument give you the best chance at a successful reversal.
Facing a denial? Call Nunez Law Firm at 917-708-1072 or connect online to schedule a consultation. Get a clear review of your options and a decisive action plan from our immigration attorney in New York.
Immigration outcomes depend heavily on your specific facts, including your current status, prior immigration history, and timing of filings. The information provided here is general in nature and may not apply to your situation. You should not take or delay action based on this information without consulting an immigration attorney who can assess your individual case. Unauthorized employment, status violations, or prior immigration issues may affect eligibility for benefits or ability to change employers.
]]>If you are in H-1B status and your employment ends, you do not need to leave the U.S. immediately. Regulations provide a discretionary 60-day grace period, or until the end of the authorized validity period, whichever is shorter, to maintain your status. During this window, you can file a new H-1B petition, change status, or take other steps to preserve lawful presence. The grace period does not authorize work for a new employer; employment must be authorized by a properly filed H-1B change-of-employer petition.
If you are moving to a new H-1B employer rather than leaving the country, the portability rule allows you to begin working for that new employer without waiting for full approval. H-1B portability allows eligible workers to change employers and begin working for a new H-1B employer as soon as a nonfrivolous H-1B petition requesting an amendment or extension of status is properly filed with USCIS.
For those who have filed an I-485 application to adjust status to lawful permanent residence based on employment, the American Competitiveness in the Twenty-First Century Act (AC21) provides critical flexibility. If you have a pending Form I-485 based on employment, you may be able to change your job or employer as long as the new job offer is in the same or a similar occupational classification as the job on which your I-140 petition was based, provided your I-485 has been pending for 180 days or more.
This is sometimes called “porting.” To exercise portability, you notify USCIS by filing Form I-485 Supplement J with information about your new employer and position. USCIS evaluates whether your new role aligns with the original job described in your labor certification or I-140, taking into account job duties, required skills, and Department of Labor standard occupational classifications.
If your adjustment of status application has been pending for fewer than 180 days when a job change occurs:
1. Note that AC21 portability will not apply.
2. Understand the underlying petition may not stay valid for a new job.
3. Consult with an immigration attorney before making any employment changes.
A key protection for adjustment of status applicants is the ability to apply for an Employment Authorization Document (EAD), allowing work for any employer for a limited time while the I-485 is pending. Applying for advance parole also enables international travel during this period.
Timing is everything in these situations. Filing delays, gaps in employment, or missteps in reporting a job change to USCIS can create complications that affect the outcome of a pending application. Every case turns on its specific facts and timing.
If your employment situation changes or might affect your visa or green card application, contact Nuñez Law Firm in Manhattan at 917-708-1072 or online for guidance.
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