Citizenship and Naturalization Lawyer in Miami

Naturalization is the process by which a lawful permanent resident becomes a U.S. citizen. The basic requirements are five years of permanent residence (three if married to a U.S. citizen), physical presence in the U.S., good moral character, and passing the English and civics tests. Godoy Law P.A. handles Form N-400 applications and complex cases involving criminal history or long absences from the U.S.

Who Qualifies to Naturalize

To file Form N-400, you must meet each of these requirements:

Be at least 18 years old
Be a lawful permanent resident for at least five years, or three years if you got your green card through marriage to a U.S. citizen and you are still married and living together
Have been physically present in the U.S. for at least half of the required period (30 months for the five-year rule, 18 months for the three-year rule)
Have continuous residence in the U.S. without absences of six months or more during the required period (some absences over a year may break continuous residence even with a reentry permit)
Be a person of good moral character during the required period
Pass an English language test (reading, writing, speaking)
Pass a civics test on U.S. history and government
Take the Oath of Allegiance

The N-400 Process

File Form N-400 with supporting documents and the USCIS filing fee
Receive a receipt notice and biometrics appointment notice
Attend biometrics at the USCIS Application Support Center
Wait for the interview notice.
Attend the naturalization interview, where you take the English and civics tests and answer questions about your application
Receive the decision: approval, continuation for additional evidence, or denial
If approved, attend the oath ceremony and become a U.S. citizen

English and Civics Tests

The English Test

The interviewing officer evaluates your English in three ways: by talking with you during the interview, by asking you to read a sentence in English, and by asking you to write a sentence in English. Most applicants without significant English limitations pass naturally during the interview.

Certain applicants qualify for an English exemption based on age and length of residence:

50/20 rule: age 50+ and 20+ years as a green card holder
55/15 rule: age 55+ and 15+ years as a green card holder
These applicants take the civics test in their native language with an interpreter
Age 65+ with 20+ years as a green card holder also qualify for a simplified civics test (20 questions from a designated subset)

The Civics Test

USCIS officers ask up to 10 questions from a list of 100 civics questions. You must answer 6 correctly to pass. The questions cover U.S. history, government structure, and basic geography. We provide every client with the question list and practice them during interview prep.

Common Issues That Complicate Naturalization Cases

Criminal History

Even old, minor offenses can affect naturalization. The five-year (or three-year) good moral character window is critical, but offenses outside that window matter too. Some convictions are permanent bars to naturalization. Others are temporary. We review every disposition and arrest, including those that did not result in conviction, before filing. In some cases, the right strategy is to wait, vacate or modify the disposition, or pursue a different immigration goal.

Extended Absences from the U.S.

Absences of six months or more break continuous residence unless rebutted. Absences of more than one year typically break continuous residence outright. We help clients calculate physical presence and continuous residence accurately and identify whether filing now or waiting is the better strategy.

Tax Issues

Failure to file federal tax returns or significant unpaid tax debt can be a good moral character concern. So can claiming non-resident status on tax returns. We review tax history before filing and help clients get into compliance where needed.

Selective Service Registration

Male applicants who lived in the U.S. between ages 18 and 26 generally needed to register with Selective Service. Failure to register can be a good moral character issue, especially if it appears willful. The analysis is fact-specific.

Misrepresentation on the Green Card Application

USCIS reviews the green card file during the naturalization interview. Discrepancies between the original green card application and the N-400, or between past statements to immigration officials, can lead to denial and even removal proceedings. We compare the N-400 against the underlying green card file before filing.

Derivation of Citizenship

Some clients are already U.S. citizens without knowing it. Citizenship can derive automatically through:

A U.S. citizen parent at birth, even if the client was born abroad
Naturalization of a parent while the client was under 18 and a lawful permanent resident living with that parent
Marriage in certain older cases (rare under current law)

If you suspect you may already be a citizen, we can run the analysis based on dates and family history before you file anything. A derivation claim is often faster and cheaper than filing N-400.

Meet Our Attorney

Hilmarys Godoy-Villard, Esq.

Hilmarys Godoy-Villard, Esq. is the founding attorney of Godoy Law P.A. in Miami, Florida. She represents clients in family-based immigration, citizenship, deportation defense and asylum cases. She is admitted to the Florida Bar and practices in English, Spanish, and Haitian Creole.

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FAQ

Frequently Asked Questions

How long does it take to become a U.S. citizen?

From filing Form N-400 to taking the oath, the typical timeline at the Miami Field Office is 8 to 14 months as of 2025. Cases with criminal history, long absences, or other complications take longer. The wait depends on USCIS workload at the local field office, which fluctuates.

Can I lose my green card if I am denied citizenship?

In some cases, yes. The N-400 review can surface issues that result in placement in removal proceedings - for example, prior fraud on the green card application, criminal convictions that make you removable, or abandonment of residence. This is why we screen for these issues before filing rather than after. A denial alone does not strip the green card, but the underlying findings can.

What if I cannot pass the English test?

If you do not qualify for an English exemption, you have one chance to retake the test (typically 60 to 90 days after the first interview). If you fail both attempts, USCIS denies the application. You can refile after that. For applicants close to qualifying for an age-based exemption, the better strategy may be to wait until the exemption applies.

Do I have to give up my original citizenship?

The U.S. does not require it. Whether your country of origin treats U.S. naturalization as a renunciation of their citizenship is a question of that country's law. Some countries allow dual citizenship outright (Colombia, Dominican Republic, Mexico for naturalized U.S. citizens since 1998, among many others). A few do not. Check with your country of origin's consulate or laws before the oath ceremony.

Can I apply for citizenship if I have a criminal record?

Sometimes, depending on what the conviction was and when it happened. Aggravated felonies are a permanent bar. Other convictions affect good moral character only within the five- or three-year window. Convictions involving moral turpitude, controlled substances, or fraud get extra scrutiny. Bring your full criminal history (including arrests that did not result in conviction) to the consultation so we can give you a real assessment.