U.S. Citizenship and Naturalization

Becoming a U.S. citizen is the final step in an immigration journey that often takes many years. It comes with the right to vote, the ability to sponsor parents and other family members, U.S. passport eligibility, freedom from green card renewals, protection from most grounds of removal, and access to certain federal jobs and benefits. For many of my clients, it is also the moment their family's status in the United States becomes truly permanent.

I am Anna Ignatenko McLean (formerly known as Anna Ignatenko McLean). I have practiced immigration exclusively for 15+ years and represent applicants on naturalization (Form N-400), derivative and acquired citizenship, English and civics exam exemptions, and medical N-400 waivers for clients with qualifying conditions. Consultations in English, Russian, and Spanish.

Most naturalization cases are straightforward. The cases that go wrong usually do so because of issues that could have been spotted in a single consultation — a missed travel record, an overlooked arrest, a gap in residency. Call (415) 212-9009 before you file.

Benefits of U.S. Citizenship

  • Right to vote in federal, state, and local elections

  • U.S. passport and consular protection abroad

  • Eligibility to sponsor parents, siblings, and married adult children for green cards

  • No more green card renewals (form I-90 every 10 years)

  • Eligibility for federal jobs that require citizenship

  • Protection from most grounds of removal/deportation

  • Ability to pass U.S. citizenship to children born abroad

  • Eligibility for certain federal benefits not available to LPRs

General Eligibility for Naturalization

  1. 18 years of age or older at the time of filing

  2. Lawful permanent resident (green card holder) for at least 5 years (or 3 years if married to and living with a U.S. citizen for those 3 years)

  3. Continuous residence in the United States during that 5-year (or 3-year) period — meaning no single absence of 6 months or longer without strong justification

  4. Physical presence in the United States for at least half of the eligibility period (2½ years out of 5, or 1½ years out of 3)

  5. Residence in the state or USCIS district where you file for at least 3 months prior to filing

  6. Good moral character throughout the eligibility period (and ideally before)

  7. Ability to read, write, and speak basic English

  8. Knowledge of U.S. history and civics (the civics test)

  9. Attachment to the principles of the U.S. Constitution

English and Civics Exam Exemptions

Age and Residency Exemptions

  • 55/15 rule: Applicants age 55 or older who have been LPRs for at least 15 years are exempt from the English exam (civics in their native language with an interpreter).

  • 50/20 rule: Applicants age 50 or older who have been LPRs for at least 20 years are exempt from the English exam.

  • 65/20 rule: Applicants age 65 or older who have been LPRs for at least 20 years are exempt from the English exam and take a simplified civics test from a smaller question set.

Medical Waivers (N-648)

Form N-648 allows applicants who cannot complete the English and/or civics exams due to a physical or developmental disability or mental impairment — such as dementia, Alzheimer's disease, post-stroke cognitive impairment, severe depression, or other qualifying conditions — to be exempted. The form must be completed by a licensed medical professional. I help clients identify qualifying conditions, locate physicians familiar with the form, and prepare the supporting documentation USCIS expects.

Application Process at a Glance

  1. File Form N-400 with USCIS (online or by mail) with supporting documents and the filing fee.

  2. USCIS sends a receipt notice, then a biometrics (fingerprinting) appointment.

  3. USCIS reviews your case and schedules an interview at a local field office.

  4. At the interview: English and civics tests; questions about your application and background.

  5. If approved, you take the Oath of Allegiance at a ceremony (often the same day or within a few weeks).

  6. You receive your Certificate of Naturalization — you are a U.S. citizen as of the oath.

Derivative and Acquired Citizenship

Many people are already U.S. citizens and do not know it. Two common paths:

Child Citizenship Act of 2000 (Acquired Citizenship for Children)

A child under 18 automatically becomes a U.S. citizen if all of the following are true:

  1. At least one parent is a U.S. citizen (by birth or naturalization)

  2. The child resides in the legal and physical custody of the U.S. citizen parent

  3. The child is a lawful permanent resident (has a green card)

If you or your child meets these conditions, you can file Form N-600 for a Certificate of Citizenship — no naturalization needed.

Derivative Citizenship Through a Parent's Earlier Naturalization

If your parent naturalized while you were under 18 and the other conditions above were met, you may already be a U.S. citizen even if you have never filed any paperwork to confirm it. I can investigate your family's immigration history to determine whether you qualify.

Common Reasons N-400 Cases Go Wrong

  • Trips abroad longer than 6 months can break continuous residence — a problem we can sometimes solve with documentation if planned for.

  • Old criminal records — even arrests without conviction — that the applicant assumed didn't matter can affect good moral character determinations.

  • Selective Service registration issues for men who lived in the U.S. between ages 18 and 26 without registering.

  • Tax issues — filing as a non-resident, not filing at all, or owing back taxes can affect good moral character.

  • Disclosed-vs-undisclosed information — USCIS knows what is in your A-file. Inconsistencies between what you wrote on past forms and what you write on the N-400 are a leading cause of denial.

If any of these may apply to you, do not file before talking to an attorney. A consultation costs less than a USCIS denial and re-filing fee.

Frequently Asked Questions

How long does naturalization take?

Currently, most N-400 cases take 8–14 months from filing to oath ceremony, though this varies by USCIS field office. Check current USCIS processing times for your field office before filing.

I have a DUI on my record. Can I still naturalize?

Usually yes, depending on when it happened, how it was resolved, and whether there are multiple offenses. The 5-year good moral character window is the key issue. Schedule a consultation before filing.

I was outside the U.S. for 9 months for a family emergency. Did I break continuous residence?

Possibly. Absences of 6 months to 1 year create a rebuttable presumption that continuous residence was broken. Strong evidence (medical records, family situation, ties maintained in the U.S.) can rebut the presumption.

Can I keep my original citizenship?

U.S. law allows dual citizenship. Whether your home country recognizes dual citizenship is a separate question — some countries (including a few from the former Soviet Union) do not. Ask me, or check with your country's consulate.

Do I have to learn English even though I'm 70?

If you have been a green card holder for at least 15 years and you are 55 or older, you are exempt from the English exam. If you are 65 or older with 20 years as an LPR, you take a simplified civics exam from a smaller question set.