Naturalization & Citizenship Attorney in Atlanta, Georgia

• Age: 18 or older.
• Continuous residence: no break in your U.S. residence during the five (or three) years, and from filing until the oath. A trip of more than six months raises a presumption that you broke it, which you may be able to overcome; a trip of a year or more generally breaks it.
• Physical presence: at least half of the period inside the U.S.
• Local residence: at least three months in the state or USCIS district where you file.
• Good moral character: see the next section.
• English and civics: you must pass both tests unless you qualify for an exception (see “The Citizenship Test” below).
• Attachment to the Constitution and willingness to take the Oath of Allegiance.

Good moral character is usually judged over the five (or three) years before you file and up to your oath, but USCIS can look at your whole life. Some things bar citizenship permanently or for a period; others are weighed case by case.

Common problems: arrests and convictions (including dismissed or expunged cases and DUIs), failing to file taxes or owing taxes without a payment plan, unpaid child support, lying to immigration officials, claiming to be a U.S. citizen, registering to vote or voting, and failing to register for Selective Service when required.

What changed in 2025 and 2026:

• August 2025: USCIS told officers to judge good moral character on the “totality of the circumstances”: looking at positive factors such as community involvement, family ties, education, steady work and tax compliance, not just the absence of problems. A separate August 2025 update tightened the guidance on unlawful voting, voter registration and false claims to citizenship.
• October 20, 2025: a new, harder civics test took effect for applications filed on or after that date.
• August 25, 2026: USCIS brought back “neighborhood investigations.” Officers can now decide case by case whether to look into an applicant’s neighborhood and workplace, rather than waiving these checks for everyone as they had for decades. Applicants may submit character reference letters, which USCIS can consider when deciding whether to waive an investigation.
• September 14, 2026: USCIS issued new guidance on referring naturalized citizens for revocation of citizenship (denaturalization). A naturalized citizen can lose citizenship only if a federal court revokes it, usually because it was obtained illegally or by concealing or misrepresenting facts, so an inaccurate N-400 can cause problems years later.

In practice, your application must be complete, consistent with everything you have filed before, and backed up with documents. If anything in your history is complicated, show it to a lawyer before USCIS sees it.

Many straightforward applications are filed without a lawyer. You should speak with a naturalization attorney before filing if any of these apply to you:

• Any arrest, citation, charge or conviction, in any country, even if it was dismissed, expunged or handled under Georgia’s First Offender Act. Some offenses make a permanent resident deportable; see deportable offenses for green card holders.
• Long trips outside the U.S.: any trip over six months, or many trips that add up.
• Tax issues: unfiled returns, tax debt, or filing as a “nonresident” while holding a green card.
• A claim to be a U.S. citizen, for example on a job form (I-9), or registering to vote or voting. A false claim to citizenship can make you deportable and permanently inadmissible. See false claim to U.S. citizenship.
• Questions about how you got your green card: a marriage that ended early, a prior visa or green card application with incorrect information, or any past immigration fraud or misrepresentation. If you were not eligible for your green card, applying for citizenship can lead to removal proceedings.
• Unpaid child support, or not registering for Selective Service (men 18 to 26).
• A prior N-400 denial, removal order or immigration violation.

1. Review eligibility and gather documents: green card, travel dates, addresses, employment, marriages, taxes and any court records.
2. File Form N-400 online or by mail with the correct fee.
3. Biometrics appointment for fingerprints and a photo, if USCIS schedules one.
4. Interview at the USCIS office named on your interview notice (for many metro Atlanta residents, the Atlanta Field Office). The officer reviews your application under oath and gives the English and civics tests.
5. Decision. The case is granted, continued (for example, to retake a test or provide documents), or denied.
6. Oath ceremony. You take the Oath of Allegiance and receive your Certificate of Naturalization. You are a citizen from that moment, not before.

Timelines vary by office and by case. See how long naturalization takes and check current USCIS processing times.

The test is part of your interview and has two parts.

English: speaking (judged during the interview), reading one of three sentences correctly, and writing one of three sentences correctly.

Civics: which version you take depends on when you filed, not when you are interviewed:

If you fail any part, you get one retest, usually 60 to 90 days later, on the part you failed. Applicants who are 65 or older with 20 years as permanent residents take a shorter civics test from a special list of 20 questions (6 of 10 correct to pass). Some older long-term residents (50/20 and 55/15) can take civics in their own language with an interpreter, and people with qualifying disabilities can ask for an exception on Form N-648. More: revised civics test from October 20, 2025 and, in Spanish, el examen de ciudadanía.

USCIS fees as of the fee schedule dated October 7, 2026 (current as of October 2026):

Some applicants qualify for a full fee waiver (Form I-912). A reduced fee or a waiver requires a paper filing. The inflation-adjusted USCIS fees that take effect October 16, 2026 cover certain fees set by H.R. 1 (such as some asylum, parole and TPS fees), not these forms. In June 2026 DHS proposed raising naturalization fees and ending the reduced fee and most fee waivers; as of October 2026 that proposal was not final. Confirm the amount on the USCIS fee schedule before you file.

Our legal fees depend on your history and what the case needs. We explain them before you hire us. A consultation is 30 minutes, $175, in Norcross or online.

Denied. You can ask for a hearing before a different USCIS officer by filing Form N-336 within 30 days of being served with the denial (33 days if the decision was mailed). If the N-336 is denied, you can ask a federal district court to review the case. Depending on the reason, filing a new N-400 later may be the better route, but not if the denial points to a problem that could put your green card at risk.

Delayed after the interview. If USCIS has not decided your case within 120 days after your interview, you can ask a federal district court to decide it or send it back to USCIS with instructions.

Delayed before the interview. If the case is stuck well outside normal processing times, a mandamus lawsuit may be an option.

Referred to immigration court. If USCIS issues a Notice to Appear, get help right away; see our deportation defense services.

If you became a citizen automatically through a U.S. citizen parent, either at birth abroad or as a child with a green card, you do not file an N-400. You can prove your citizenship with a Certificate of Citizenship (Form N-600) or a U.S. passport. Filing an N-400 when you are already a citizen wastes the fee and can confuse your records.

Whether you derived citizenship depends on the law in effect when you were under 18, your parents’ citizenship and marriage, and custody. See derivative citizenship explained and the difference between citizenship and naturalization certificates.

U.S. law does not require you to give up your other citizenship when you naturalize, even though the oath includes renouncing other allegiances. Whether you keep your original nationality depends on your home country’s law. India, for example, does not allow dual citizenship, but former Indian citizens can apply for Overseas Citizen of India (OCI) status. See dual citizenship explained.

BCA Law Firm’s office is at 700 Holcomb Bridge Road, Norcross, GA 30071, in Gwinnett County, a short drive from Duluth, Peachtree Corners, Lawrenceville, Doraville, Chamblee and Atlanta. We are open Monday to Friday, 9:00 a.m. to 6:00 p.m. Consultations are 30 minutes, $175, in person or online, so you can also work with us from anywhere in the U.S.

Book a consultation or call 678-292-6111. To make the most of the appointment, see how to prepare for an immigration lawyer consultation. En español: requisitos para la ciudadanía (N-400).