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Citizenship and Naturalization Attorney in Miami

N-400 naturalization for Miami permanent residents: eligibility, good moral character, travel and tax issues, interview prep and denials. Call 888-902-9285.

Most naturalization cases are straightforward, and the ones that are not usually involve something the applicant did not think mattered: a long trip abroad, a tax filing as a nonresident, an old arrest that was dismissed, or a selective service question.

We review Miami permanent residents' files before the N-400 goes in, because a naturalization application invites USCIS to re-examine how the green card was obtained in the first place.

Eligibility, and where it quietly breaks

The general rule is five years as a permanent resident, or three years for the spouse of a U.S. citizen, with continuous residence, the required physical presence, three months in the state or district, good moral character, English and civics, and an oath of allegiance.

A single absence of six months or more raises a presumption that continuous residence was broken. A year or more generally breaks it outright. Filing taxes as a nonresident, or not filing at all, is treated as evidence about both residence and moral character.

Criminal history and good moral character

The statutory period is the three or five years before filing, but USCIS may look at conduct outside that window. Dismissed charges, deferred adjudication, and expunged records still have to be disclosed with certified dispositions. Some convictions are permanent bars; others are discretionary. A few make the applicant removable, which means the wrong filing can start a case in Miami Immigration Court, One Riverview Square, 333 S. Miami Avenue, Suite 700, Miami, FL 33130 instead of ending one.

The interview and what happens after a denial

The interview covers the application line by line plus the English and civics tests. If the test is failed, there is one retest. Medical disability exceptions and age-based exemptions from the English requirement exist and are under-used.

A denial can be appealed through a hearing request on Form N-336 within 30 days, and a decision after that hearing can be reviewed in federal district court. Delay past the statutory decision window can also be taken to district court.

Where your Miami case is heard

Cases from Aventura, Sunny Isles Beach, Hallandale Beach, North Miami Beach, Hollywood and Miami Gardens are heard at Miami Immigration Court, One Riverview Square, 333 S. Miami Avenue, Suite 700, Miami, FL 33130. Custody and reporting questions run through ICE ERO Miami Field Office, 865 SW 78th Avenue, Suite 101, Plantation, FL 33324. Detained matters in this area generally involve Krome North Service Processing Center in Miami, Broward Transitional Center in Pompano Beach and Glades County Detention Center in Moore Haven. Appeals from this area are governed by Eleventh Circuit law.

Our office is at 20801 Biscayne Blvd #457, Aventura, FL 33180. Visits are by appointment. Spanish and Russian are the dominant local needs in Aventura and Sunny Isles Beach, and we also work in Vietnamese, Kyrgyz and Tajik.

Frequently Asked Questions

I have been outside the United States a lot. Can I still apply?

Possibly, but the trips have to be reconstructed day by day before filing. A six-month absence creates a rebuttable presumption; a year generally breaks continuous residence and resets the clock.

Do I have to disclose an arrest that was dismissed?

Yes. The question asks about arrests, not convictions. Non-disclosure is a bigger problem than most of the underlying records.

Can I apply if I owe back taxes?

Often yes, if you have a payment arrangement with the IRS and can document it. Ignoring the debt is what causes denials.

Is there an age exemption from the English test?

Yes. Applicants who meet the age and residence combinations in the statute may take the civics test in their own language, and older long-term residents may qualify for a reduced civics list.

Talk with a Miami citizenship attorney

Bring the notice, the receipt numbers, and any prior filings. We will tell you which agency owns the next step and what the deadline actually is.

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