Naturalization & U.S. Citizenship
U.S. Citizenship (N-400 Applications)
Who Qualifies:
- Lawful Permanent Residents (LPRs) who meet the following:
- 5 years as a green card holder, or
- 3 years if married to and living with a U.S. citizen.
- Continuous residence and physical presence in the U.S.
- Good moral character (no serious criminal history, fraud, or tax issues).
- Ability to read, write, and speak basic English (with some exceptions).
- Knowledge of U.S. history and civics (tested during interview).
Process & Timeline
- Form N-400 filed with USCIS.
- Biometrics Appointment (fingerprints, photo, background check).
- Interview with USCIS officer (English & civics test, eligibility review).
- Oath Ceremony for naturalization.
Timing: 12–18 months depending on USCIS backlog.
Attorney Emandi’s Expertise
- Complex eligibility cases: Attorney Emandi has helped clients with prior arrests, long absences from the U.S., or past immigration missteps successfully naturalize.
- Medical waivers: She prepares N-648 medical certifications for applicants unable to complete English/civics requirements due to disability.
- Denial defense: With decades of experience, she has handled N-336 appeals when USCIS wrongly denies applications.
- Dual citizenship strategy: Advises on implications for clients who wish to retain or renounce other citizenships.
Common Pitfalls
- Forgetting to file taxes or failing to disclose income.
- Extended trips abroad breaking continuous residence.
- Misrepresentation or failure to disclose prior arrests, even if charges were dismissed.
- Mistakes on N-400 leading to unnecessary delays or denials.
English Language & Civics Test Exceptions for Naturalization
English Language Exemptions (Age + Residency Rules)
Certain applicants do not need to take the English reading/writing/speaking portion of the exam. Instead, they take only the civics exam (in their native language with an interpreter if needed):
- 50/20 Rule
- Age: 50 or older at the time of filing.
- Residency: At least 20 years as a lawful permanent resident (LPR).
- 55/15 Rule
- Age: 55 or older at the time of filing.
- Residency: At least 15 years as an LPR.
In both situations, applicants are exempt from the English test but must still take the civics exam in their native language with an interpreter.
English & Civics Simplified Test Exception
3. 65/20 Rule
- Age: 65 or older at the time of filing.
- Residency: At least 20 years as an LPR.
- Exception: Applicant is given special consideration—the civics test is shorter and simplified (only 20 questions, study guide limited to key facts).
Medical Disability Exception (Form N-648)
- Applicants with a physical, developmental, or mental impairment that prevents them from learning or demonstrating knowledge of English and/or civics may apply for a medical waiver.
- Requires Form N-648, completed by a licensed medical doctor, osteopath, or clinical psychologist.
- The condition must be:
- At least 12 months in duration, and
- Must impact the applicant’s ability to learn or demonstrate knowledge.
Attorney Emandi’s Expertise
- Strategic evaluation: With 29+ years of experience, Attorney Emandi advises clients on whether they qualify for 50/20, 55/15, or 65/20 exemptions before filing.
- Medical waivers: She has successfully filed numerous N-648s, ensuring that physicians properly document conditions to avoid USCIS denials.
- Interview preparation: For clients using language exemptions, she ensures they are prepared for civics exams in their native language, including securing qualified interpreters.
- Complex cases: She assists applicants with borderline eligibility, such as calculating continuous residence accurately to meet the rule at the time of filing.
