Do I Need an Immigration Lawyer for Citizenship?

After jumping through hoops for a green card, many lawful permanent residents ask themselves, “Do I need an immigration lawyer for citizenship?”
While everyone understands how crucial it is to have an immigration attorney beside you during the immigration process, the naturalization process may seem much simpler than the process of obtaining a green card.
Technically, the answer to the question, “Do I need an immigration lawyer for citizenship?” is that it’s your decision. Please keep in mind though, the safest option for a smooth naturalization process with fewer risks, is to have an immigration lawyer at your side, just as it is during the immigration process.
Before you start the process of applying for citizenship through naturalization, it’s important that you fully understand the issues you might face if you decide to move forward without the help of an experienced citizenship lawyer.
Paths to Citizenship When You Are Born Abroad
There are three different paths to U.S. citizenship for people born off U.S. soil. Various conditions apply to these pathways of course, but essentially, the three pathways to citizenship for those born off U.S. soil are:
- Citizenship through Acquisition – When the person acquires citizenship at birth through their parent who is a U.S. citizen
- Derived Citizenship – When the person derives citizenship from a parent going through the naturalization process or adoption
- Citizenship through Naturalization – When a lawful permanent resident achieves citizenship by applying for citizenship after a prolonged waiting period of living in the United States
Citizenship through acquisition is typically the easiest, but it’s still smartest to file for citizenship through acquisition with the help of an immigration lawyer. This is because applying for citizenship will always require:
- The use of the proper applications
- Accurate payment of filing fees
- Properly compiling necessary documentation
People obtain derived citizenship, typically as minor children, so their parents usually hire a lawyer to protect the family’s best interests.
Citizenship through Naturalization is only eligible to adults and is usually the most complicated.
Do I Need an Immigration Lawyer for Citizenship to Submit Form N-400?
While you are free to submit Form N-400, Application for Naturalization without the help of an immigration attorney, it is not recommended. Not only must you fill out the form properly, you must also submit other forms and documentation to go along with your application.
When you ask yourself, “Do I need an immigration lawyer for citizenship,” be sure to consider how comfortable you are with the following tasks:
- Properly filling out Form N-400, Application for Naturalization
- Determining your USCIS fee for filing the N-400 or your eligibility for a fee waiver
- Determining whether you must pay biometric fees and paying them in a timely manner if so
- Determining if you need to file a Form N-648, Medical Certification for Disability Exceptions along with your citizenship application package
- Determining whether you must submit two passport-style photographs
Working With Immigration Lawyer for Citizenship To Determine Eligibility
To be eligible for citizenship through naturalization you must be over 18 and meet certain eligibility requirements. When you ask yourself, “Do I need an immigration lawyer for citizenship,” be sure to consider how comfortable you would be with the following naturalization eligibility requirements:
- You must prove that you have lived within the country continuously for at least five years (or three if you are married to a U.S. citizen) before applying. Your continuous residence must be the five (or three) years immediately before you file your application.
- You must prove that you have been physically present in the country for at least 30 months (or 18 months if you are married to a U.S. citizen) out of the five years (or three) of residency.
- You must demonstrate good moral character.
- You must pass the U.S. citizenship examination (unless you can prove that you are exempt from having to take the test).
- You must attend a USCIS interview.
- You must take the Oath of Allegiance.
An immigration attorney can help you through all these steps including compiling all your evidence that you must submit with application packet. An immigration attorney can also help determine if you are exempt from the citizenship test and prepare the necessary paperwork if you are.
Do I Need an Immigration Lawyer for Citizenship to Prove Good Moral Character?
To prove good moral character, you will need to support documentation to USCIS as evidence.
An immigration attorney can help you compile evidence to prove this citizenship requirement. They will ask you to provide evidence for them to compile such as:
- Employment records
- Tax returns
- Evidence of civic involvement such as records of community service
- Affidavits from community members
- Property ownership records
- Military service documentation and awards
- Certified court dispositions for any arrests or criminal activities
- An official background check
Keep in mind a criminal history would be your biggest hurdle to overcome, because of the “good moral character” requirement.
Some criminal history may only pose a “conditional bar” to establishing good moral character for the purpose of citizenship through naturalization. Since conditional bars to good moral character are looked at by USCIS on a case-by-case basis, it’s imperative that you work with an immigration lawyer if you have any conditional bars to citizenship.
A lawyer may be able to help you get a waiver so that you can meet the good moral character requirement even if a conditional bar to establishing it exists in your past.
Note: Other bars are known as permanent bars to establishing good moral character for the purpose of citizenship through naturalization. Permanent bars to good moral character include:
- Murder
- Most aggravated felonies
- Participating in Nazi persecution
- Participating in genocide
- Participating in torture or any kind of unlawful killing
- Severe violations of religious freedom while serving as a foreign official
The Biggest Risk of Applying for Citizenship Without an Immigration Lawyer
The most important reason to hire an experienced immigration lawyer is risk aversion. A denial of Form N-400 is not the biggest risk you face when applying for citizenship without an immigration lawyer, because:
- You could appeal the denied Form N-400.
- You could fight the denied Form N-400 in federal court.
- You could also reapply and pay all the fees again.
Applying for U.S. citizenship means that USCIS officials will carefully review your whole immigration file and any new information about your life since getting your green card. They will run your fingerprints. They will examine any international travel you have done.
This is your biggest risk of filing the application without experienced legal guidance:
During this review, if immigration officials find an issue (new or old) that would negatively impact your underlying eligibility for lawful permanent residency, you could not only be denied citizenship, but you could also lose your green card.
An experienced immigration will dramatically reduce your risks. If an application for citizenship could put you in jeopardy of losing your green card, an immigration attorney will offer competent legal advice and explain your options.
Then, under the guidance of an immigration attorney familiar with all your options, you can decide whether to hold off on applying for citizenship or to apply for citizenship with a skillful risk mitigation plan.
Consult with an Immigration Lawyer for Citizenship
If you are considering applying for U.S. citizenship, at least schedule a consultation with an attorney familiar with immigration and nationality law before filing any paperwork with USCIS. We offer skilled legal counsel for the naturalization process, so if you are interested in applying for U.S. citizenship, contact Nanthaveth & Associates Immigration Law Office today.