The U.S. Supreme Court has limited the government’s power to take away citizenship. In Schneider v. Rusk (1964), the Court struck down a law that stripped naturalized citizens of citizenship for living abroad for several years. In Afroyim v. Rusk (1967) and Vance v. Terrazas (1980), the Court held that citizenship cannot be taken away unless the person intended to give it up. Naturalized citizens have the same protection as citizens by birth.
Under 8 U.S.C. § 1481, a citizen may lose citizenship by voluntarily performing one of these acts with the intent to give it up:
Dual citizenship is generally allowed. A New Yorker who becomes a citizen of the Dominican Republic or another country usually keeps U.S. citizenship unless they intended to give it up. The State Department generally presumes that people who acquire another citizenship intend to keep their U.S. citizenship.
A naturalized citizen can lose citizenship through denaturalization, but only through a federal court case. These cases generally involve citizenship obtained through fraud, such as hiding a criminal record or lying on the naturalization application. Moving abroad after naturalization is not a basis for denaturalization.
Keeping your citizenship still comes with obligations. U.S. citizens must use a U.S. passport to enter and leave the United States. They must also generally file U.S. tax returns on income earned anywhere in the world.
Citizens who plan to have children abroad should also understand how citizenship passes to a child born outside the United States. A child’s citizenship may depend on how long the U.S. citizen parent lived in the United States before the birth. Our earlier article explains how to obtain a certificate of citizenship for children.
A permanent resident is not a citizen, and moving abroad can put a green card at risk. A trip of more than six months can raise questions at the border and may break the continuous residence needed for naturalization. If you are away for a year or more, the government may conclude that you abandoned your residence unless you obtained a reentry permit before you left. Applying for citizenship before a long move abroad can help protect your ability to return.
If you are planning a move overseas, a consultation can help you understand what to do before you leave. Call 917-708-1072 or schedule a consultation to meet at our Manhattan office near Penn Station or by phone.
]]>Once you file Form N-400, Application for Naturalization, USCIS sends a receipt notice confirming your case is in the system. From there, your case typically moves through several stages: a biometrics appointment to capture your fingerprints and photo, a naturalization interview where an officer reviews your application and history and administers the English and civics tests, and finally, if approved, an Oath of Allegiance ceremony that officially makes you a U.S. citizen.
A few recent policy shifts are worth knowing about if you’re planning to file. As of December 12, 2025, USCIS generally requires N-400 applicants to provide new biometrics, including a new photograph. USCIS may schedule a biometrics appointment after filing; limited exceptions can apply, including certain fingerprint waivers for medical reasons.
Separately, in August 2026, USCIS formalized its resumed use of personal investigations, sometimes called neighborhood investigations, for naturalization cases filed or pending on or after that date. USCIS decides case by case whether this additional review applies, and it has not published a standard amount of added processing time tied to it, so applicants shouldn’t assume it will affect their case unless USCIS tells them otherwise.
You’ll find plenty of national figures online for how long naturalization takes, but these numbers can shift considerably from month to month and vary widely between field offices. Rather than relying on a single number, USCIS publishes a Case Processing Times tool that lets you check estimates for the specific field office handling your case, which is a far more reliable guide than any national average you might see quoted elsewhere.
While you can’t control your field office’s caseload, you can avoid the delays within your power: file a complete application with accurate documentation, keep your address current with USCIS so you don’t miss important notices, and respond to any request for additional evidence right away rather than letting it sit.
Every naturalization case is different, and small issues in your immigration or personal history can sometimes complicate an otherwise straightforward application. At Nunez Law Firm, we help individuals and families throughout New York prepare a complete, accurate N-400 application and understand what to expect at each stage. Contact our office online or at 917-708-1072 to schedule a consultation.
]]>If your child automatically became a U.S. citizen, either at birth abroad to a U.S. citizen parent or later in childhood through a parent’s naturalization or an international adoption, USCIS generally does not automatically issue proof of that status. Nothing shows up in the mail. Without a passport, a Certificate of Naturalization, or a Certificate of Citizenship on file, your child may run into obstacles later when applying for a job, enrolling in school programs, or seeking financial aid, simply because there’s no document confirming what the law already recognizes.
Under the Child Citizenship Act of 2000, a child generally acquires citizenship automatically after birth, without needing to go through naturalization, when all of the following are true before the child turns 18:
For children adopted internationally, similar rules apply once the adoption is finalized and the child is living with the U.S. citizen adoptive parent as a lawful permanent resident.
The path to documenting this status is Form N-600, Application for Certificate of Citizenship, filed with USCIS. This is not a naturalization application. Your child isn’t becoming a citizen through this process; the form simply asks USCIS to formally recognize and document the citizenship your child already holds by law.
The application generally requires:
If the child is under 14, a parent or legal guardian may sign Form N-600 on the child’s behalf. Children who are 14 or older generally sign the application themselves.
A different process may apply to certain children who regularly reside outside the United States. A U.S.-citizen parent may be able to file Form N-600K for a child who is under 18 and meets the applicable requirements. Among other things, the U.S.-citizen parent, or in some cases a U.S.-citizen grandparent, must satisfy specific U.S. physical-presence requirements. Special rules may apply if the U.S.-citizen parent is deceased or is serving in the U.S. Armed Forces.
Processing times for Form N-600 vary widely depending on the complexity of the case, and cases involving adoption, a child born outside of marriage, or unclear physical presence records tend to take longer and invite more scrutiny. Once approved, your child receives a Certificate of Citizenship, a permanent record that doesn’t expire and serves the same purpose as a passport or naturalization certificate for proving citizenship.
Every family’s path to citizenship looks a little different, and figuring out which form applies and what evidence will hold up isn’t always straightforward. Nunez Law Firm helps New York families gather the right documentation and file with confidence.
Call Nunez Law Firm at 917-708-1072 or contact us online to schedule a consultation and get your child’s citizenship properly documented.
]]>Before filing anything, make sure you meet the basic requirements. You must be at least 18 years old and have held a green card for at least five years, or three years if you are married to and living with a U.S. citizen. You must also show continuous residence in the United States during that period, physical presence for at least half of it, and at least three months of residence in the state or USCIS district where you file.
Finally, you must demonstrate good moral character, which USCIS evaluates by reviewing your criminal history, tax compliance, and honesty on immigration filings. Long trips abroad, unpaid taxes, or past arrests do not always disqualify you, but they should be reviewed with an attorney before you apply.
The application for naturalization is Form N-400. You can file online for $710 or by paper for $760, and fee waivers are available for applicants who qualify. Accuracy matters here. Inconsistencies between your N-400 and prior immigration filings are a common reason for delays and denials, so every answer should be complete and truthful.
After filing, USCIS may schedule you for fingerprinting and a photograph, which are used to run background checks. In many cases, USCIS reuses biometrics already on file.
A USCIS officer will review your application with you under oath and administer two tests. The English test measures your ability to read, write, and speak basic English. The civics test is oral and measures your knowledge of US history and government. Applicants who filed on or after October 20, 2025, take the updated civics test, which draws 20 questions from a list of 128, and you must answer 12 correctly to pass. Some applicants qualify for exemptions based on age and years of residence. If you fail a portion, you get a second chance within 60 to 90 days.
If your application is approved, the final step is a ceremony where you take the Oath of Allegiance. You are not a citizen until the oath is complete. Afterward, you receive your Certificate of Naturalization and can apply for a U.S. passport.
Naturalization rewards preparation. A carefully prepared application avoids the delays and denials that catch many applicants off guard. At Nunez Law Firm, our New York immigration lawyers will assess your eligibility, prepare your N-400, and stand with you at your interview. To get started, contact our office online or by calling (917) 708-1072.
]]>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.
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