Citizenship / Naturalization

At Thompson Law Advocates, we provide thorough legal representation to individuals and families navigating the complex and often overwhelming process of U.S. citizenship and naturalization. Headed by Attorney Peter Thompson, a veteran trial lawyer with over 25 years of experience in immigration law and federal criminal defense, our firm is dedicated to protecting your rights and guiding you confidently through every phase of the naturalization process.

Becoming a U.S. citizen is a powerful milestone; it brings new rights, responsibilities, and a deeper connection to the country you call home. But reaching that goal involves far more than just submitting a form. It requires knowledge of the law, detailed documentation, and careful strategy especially for those with complicated immigration histories.

What Is U.S. Citizenship and Naturalization?

Citizenship in the United States can be acquired in several ways:

• By Birth: Those born in the U.S. or certain U.S. territories are citizens at birth.
  
• Through U.S. Citizen Parents: Individuals born abroad to U.S. citizen parents may acquire or derive citizenship, depending on specific legal criteria.
  
• By Naturalization: The most common route for foreign nationals who immigrate to the U.S. and later choose to apply for citizenship.

Naturalization is the legal process defined by the Immigration and Nationality Act (INA), Sections 316–319 (8 U.S.C. §§ 1427–1429). The law requires a thorough evaluation of the applicant’s residency history, behavior, and intent to fully integrate into American society.

Benefits of U.S. Citizenship

Naturalized citizens enjoy a wide range of benefits not available to green card holders, including:

• The right to vote in federal, state, and local elections.
• Eligibility for certain government jobs and elected offices.
• Priority petitioning for family members.
• U.S. passport for international travel and consular protection abroad.
• Freedom from deportation for criminal offenses (with very rare exceptions).
• Full participation in civic life.

These rights are balanced by responsibilities, such as jury duty, tax compliance, and loyalty to the Constitution—responsibilities that new citizens accept with pride during their naturalization oath.

General Requirements for Naturalization

While each applicant’s path may differ slightly, most individuals must meet the following basic criteria:

1. Lawful Permanent Residency

The applicant must be a lawful permanent resident (green card holder) for at least 5 years, or 3 years if married to a U.S. citizen. (See INA § 319.)

2. Continuous Residence and Physical Presence

• Must reside continuously in the U.S. for the required period.
  
• Must have physical presence in the U.S. for at least 30 months (or 18 months for spouses of citizens).
  
• Cannot have made any trips abroad longer than 6 months without risking a disruption of continuous residence.
  

3. Good Moral Character

Applicants must demonstrate good moral character during the statutory period, typically five or three years before applying. Issues such as criminal records, unpaid taxes, false testimony, or failure to register for Selective Service can result in denial. (INA § 101(f)).

4. English Language Proficiency

You must be able to read, write, and speak basic English, unless you qualify for an age-based or medical disability exemption. (INA § 312)

5. Knowledge of U.S. Government and History

Applicants must pass a civics test covering fundamental principles of U.S. government, geography, and history. Study materials are provided by USCIS.

6. Attachment to the Constitution

Applicants must affirm their commitment to the U.S. Constitution and renounce prior allegiances, typically by taking the Oath of Allegiance at a naturalization ceremony.

Key Steps in the Naturalization Process

At Thompson Law Advocates, we guide clients through every step of the journey:

Step 1: Initial Consultation & Legal Review

We conduct a detailed review of your immigration history, any prior encounters with law enforcement, time abroad, tax records, and other risk factors. This helps us determine eligibility and avoid costly mistakes.

Step 2: Application Preparation (Form N-400)

We prepare and file Form N-400 and all required supporting documentation, including proof of residency, marital history, selective service registration, tax compliance, and criminal history disclosures if applicable.

Step 3: Biometrics and Background Check

USCIS will schedule a biometrics appointment. Fingerprints and photographs are taken and used for a thorough FBI background check. We help clients anticipate and resolve issues here, especially if past arrests are involved.

Step 4: USCIS Interview & Civics Test

The interview is a critical stage. We conduct mock interview sessions to ensure you are prepared for every question—whether about your moral character, your time abroad, or the 100 civics questions that may be asked.

If you have a disability or are over a certain age with long U.S. residence, you may qualify for test exemptions or simplified questions under INA § 312(b).

Step 5: Decision and Naturalization Ceremony

Once approved, you will receive a Notice of Naturalization Oath Ceremony (Form N-445). Upon taking the oath, you become a U.S. citizen. We review the ceremony details with clients and ensure any final paperwork (like name changes) is in order.

Complicated Cases: How We Help

Many individuals face unique barriers to naturalization, including:

Criminal History or Arrests

Convictions—especially for aggravated felonies or crimes involving moral turpitude (CIMTs)—can not only block citizenship but trigger removal proceedings. We analyze the full criminal record, expungements, plea agreements, and post-conviction relief options, applying Padilla v. Kentucky standards when appropriate.

Long Absences or Abandonment of Residency

Extended time abroad can be interpreted as abandoning permanent residency. We help show maintenance of ties to the U.S., or we may advise applying for Form N-470 (Preserve Residence for Naturalization Purposes) in certain situations.

False Claims to Citizenship

An accidental voter registration or marking “U.S. citizen” on a job form can be devastating. These are handled with great care, often requiring waivers or legal arguments under 8 U.S.C. § 1182(a)(6)(C)(ii).

Derivative and Acquired Citizenship

Children of U.S. citizens born abroad may already be citizens without knowing it. We help determine whether derivative citizenship (under INA § 320) or acquired citizenship (under INA § 301) applies, and assist in applying for a Certificate of Citizenship (Form N-600) or U.S. passport.

Why Work with Thompson Law Advocates?

Led by Peter Thompson, our firm brings together immigration strategy and litigation skill under one roof. With a long history of representing clients in both immigration and federal criminal courts, our team is uniquely equipped to handle difficult or high-stakes citizenship applications.

What Sets Us Apart:

• 25+ years of legal experience in federal and immigration courts
  
• Former leadership of Philadelphia’s Defender Immigration Project
  
• Emphasis on legal clarity, careful documentation, and direct attorney communication
  
• Deep understanding of “crimmigration” – the intersection of criminal and immigration law
  
• Representation in USCIS interviews, appeals, and federal court litigation

Appealing a Denied Naturalization Application

If USCIS denies your application, you have the right to request a Form N-336 hearing within 30 days. We review the denial, gather additional evidence, and advocate for a reversal. In rare cases, we pursue relief in federal district court under 8 U.S.C. § 1421(c).

Ready to Begin Your Citizenship Journey?

At Thompson Law Advocates, we believe that U.S. citizenship is more than a legal status; it is a commitment to community, democracy, and freedom. We are here to make sure your journey to citizenship is handled with care, precision, and strength.

Contact us today to schedule a confidential consultation and take the first step toward becoming a U.S. citizen.