Naturalization & Citizenship Attorney

Most green card holders who have been lawful permanent residents for at least five years (or three years if married to and living with a U.S. citizen spouse) may be eligible to apply for naturalization. Additional requirements include continuous physical presence in the United States for at least half of the relevant period, physical presence in the U.S. at the time of filing, residence in the USCIS district or state where you are filing for at least three months, good moral character, the ability to read, write, and speak basic English, and a passing score on the U.S. civics test. Buhler Thomas Law assists clients throughout Utah with citizenship and naturalization applications and can advise you on whether you currently meet all eligibility requirements.

If you obtained your green card through marriage to a U.S. citizen and you remain married to and living with that spouse, you may apply for naturalization after three years of continuous permanent residency rather than the standard five years. You may file your N-400 application up to 90 days before you reach the three-year mark. If the marriage ends before you naturalize, the five-year residency requirement applies. Buhler Thomas Law can help you confirm your eligibility date and prepare a complete naturalization application.

Most applicants can file up to 90 days before they complete the required three-year or five-year continuous permanent residence period as long as all other eligibility requirements are met at the time of filing. The three-year rule applies to certain spouses of U.S. citizens who are still living in marital union; otherwise, the five-year rule typically applies. An attorney can help you calculate your exact earliest filing date based on your green card history and travel.

Yes. Certain factors can affect eligibility or create complications in the naturalization process. These include extended absences from the United States that may break continuous residence, any criminal history (even minor offenses) that could affect the good moral character requirement, pending immigration matters or prior immigration violations, and tax filing inconsistencies. Applying for naturalization when one of these issues exists without first addressing it can result in a denial and, in some cases, trigger removal proceedings. Before filing, it is important to have your full history reviewed by an immigration attorney. Buhler Thomas Law can assess your situation and let you know the best time and approach for your citizenship application in Utah.

USCIS charges a filing fee for Form N-400, which sometimes changes, so you should always check the current amount before filing. Some applicants with limited income or certain public benefits may qualify for a fee waiver or reduced fee, but you must file a separate form and provide documentation to show you meet USCIS’s guidelines. An immigration attorney can help you determine the correct fee and whether you may qualify for a waiver or discount.

The naturalization process begins with filing Form N-400 (Application for Naturalization) with USCIS along with supporting documentation and the filing fee. After filing, USCIS will schedule a biometrics appointment to collect fingerprints, then an interview with a USCIS officer who will review your application, conduct an English language assessment, and administer the civics test. If approved at the interview, you will be scheduled for an oath ceremony, the final step, at which you take the Oath of Allegiance and receive your Certificate of Naturalization. The processing time for your case is dependent on the USCIS field office handling your case. Buhler Thomas Law guides clients through every stage of the citizenship process in Salt Lake City and throughout Utah.

The U.S. civics test is administered by a USCIS officer at your naturalization interview. USCIS now uses a bank of 128 possible civics questions covering American history, government, and the rights and responsibilities of citizenship for most applicants who file Form N‑400 on or after October 20, 2025. At your interview, the officer will ask up to 20 of those questions, and you must answer at least 12 correctly to pass the civics portion of the test. The test is oral; the officer asks the questions and you answer verbally, and the officer may stop once you have either answered 12 correctly or 9 incorrectly. USCIS makes all 128 questions and answers, along with study materials, publicly available so you can prepare in advance. Buhler Thomas Law can help you understand which version of the civics test applies to you, what to expect at your interview, and ensure your N‑400 application is complete and accurate before you appear.

Yes. Certain applicants may qualify for exemptions from the English test and special rules for the civics test. If you are 50 or older with at least 20 years as a permanent resident (“50/20”) or 55 or older with at least 15 years as a permanent resident (“55/15”), you are exempt from the English requirement but must still take the civics test, which you may take in your native language with an interpreter. If you are 65 or older and have been a permanent resident for at least 20 years (“65/20”), you receive special consideration on the civics test, including a reduced set of questions. USCIS can also waive both the English and civics requirements for applicants with certain qualifying physical, developmental, or mental impairments. Buhler Thomas Law can help you determine whether any exemptions apply to your naturalization application in Utah.

At your naturalization interview, a USCIS officer will review your completed N-400 application, ask you questions about your background and the information on your application, assess your ability to speak and understand English through the conversation itself, and administer the civics test by asking up to 20 questions from the official 128 question list. You must answer at least 12 correctly. If you fail either the English or civics test at your first interview, you will be given one more opportunity to take the failed portion within 60 to 90 days. Buhler Thomas Law prepares clients thoroughly before their citizenship interview in Salt Lake City to minimize the chance of unexpected issues.

Form N-648 is the Medical Certification for Disability Exception and is used only when an applicant has a qualifying physical, developmental, or mental impairment that prevents them from learning or demonstrating the required English or civics knowledge. The form must be completed by a licensed medical professional who explains how the condition affects learning and test performance, and USCIS carefully reviews these requests. Because these cases can be complex, working with both a medical provider and an immigration attorney is strongly recommended before filing an N-648.

If your U.S. citizenship application is denied, you usually keep your lawful permanent resident (green card) status and can continue to live and work in the United States, unless the denial is based on something serious such as fraud or a criminal issue that also makes you deportable. In most cases, USCIS will explain the reason in a written decision, and you may have the option to request a new review of the case (by filing Form N‑336 for a hearing) or to correct the problem and apply again later when you meet all of the requirements. Buhler Thomas Law can advise on the strongest path forward based on the specific reason for denial. Contact our immigration attorneys in Utah as soon as you receive a denial notice.

Yes. Buhler Thomas Law assists not only individuals seeking their own citizenship but also those helping eligible family members navigate the naturalization process in Utah. Each person’s eligibility depends on their individual immigration history, residency period, and other factors. Contact our immigration attorneys to discuss your family’s specific situation.

Yes, in many cases a child born abroad to a U.S. citizen parent is automatically a U.S. citizen at birth, but it depends on specific rules about the parents’ citizenship, marital status, and the U.S. citizen parent’s prior physical presence in the United States, which vary based on the child’s date of birth. U.S. law allows many children born overseas to U.S. citizen parents to acquire citizenship at birth, but the transmission requirements are technical, and some children instead obtain citizenship later under the Child Citizenship Act after living in the U.S. as permanent residents with their U.S. citizen parent. The best way to confirm your child’s status is to have your situation reviewed and, if eligible, obtain proof of citizenship through a Consular Report of Birth Abroad, a Certificate of Citizenship, or a U.S. Birth Certificate. Buhler Thomas Law can review your situation and advise you on whether your child is already a U.S. citizen or whether steps are needed to document or transmit citizenship. Contact our immigration attorneys in Salt Lake City to discuss.

Under the Child Citizenship Act of 2000, a child born outside the United States automatically becomes a U.S. citizen after birth when all of the following are true at the same time (on or after February 27, 2001): at least one parent is a U.S. citizen (by birth or naturalization, including adoptive parents), the child is under 18, the child is a lawful permanent resident (green card holder), and the child is living in the United States in the legal and physical custody of that U.S. citizen parent. There is no required order for these conditions, but they must all be met together before the child turns 18, and because a person born abroad is presumed to be a noncitizen, the family must be able to provide evidence showing that each requirement is satisfied. Buhler Thomas Law can walk you through what documentation your child will need after you naturalize in Utah.

Yes. Naturalization significantly expands your ability to sponsor family members. As a U.S. citizen, you may file immigrant visa petitions for your spouse, unmarried children under 21, and parents as immediate relatives (no annual cap, no waiting period for a visa). You may also file preference category petitions for your married and unmarried children, and your siblings, though these categories are subject to annual limits and often involve long waiting periods. Buhler Thomas Law can help you understand the full scope of family sponsorship available after naturalization and plan the most efficient path forward for each family member.

U.S. citizenship obtained through naturalization can be lost, but only in limited and specific circumstances. These include voluntarily renouncing U.S. citizenship before a U.S. consular officer, committing certain acts deemed expatriating under U.S. law (such as serving in a foreign military that is engaged in hostilities against the U.S.), or having your naturalization revoked if USCIS determines it was obtained through fraud or misrepresentation. Simply obtaining citizenship in another country does not automatically cause loss of U.S. citizenship in most cases. Buhler Thomas Law can advise you on protecting your status after you naturalize in Salt Lake City or anywhere in Utah.

The United States does not formally recognize dual citizenship as a policy matter, but it does not generally prohibit it either. U.S. citizens who naturalize in another country, or foreign nationals who naturalize in the United States while retaining their original citizenship, may hold dual nationality in practice provided the other country also permits it. U.S. citizens are expected to use their U.S. passport when entering and exiting the United States. The rules and implications of dual citizenship vary significantly by country. Buhler Thomas Law can help you understand the practical implications for your specific situation as part of your naturalization planning in Utah.

In many cases, you can ask to change your legal name as part of your citizenship application by making the request on Form N-400. Whether the change is granted and how it is processed can vary by location, but you can indicate the new name you would like to use when you apply.