Naturalization and Citizenship: The N-400 Process in 2026
Naturalization and Citizenship: The N-400 Process in 2026
Becoming a United States citizen through naturalization is one of the most significant milestones in an immigrant's life. For the thousands of lawful permanent residents living in the Atlanta metro area, naturalization represents the culmination of years of building a life in this country and opens the door to full participation in American civic life. The process of becoming a citizen begins with Form N-400, Application for Naturalization, filed with United States Citizenship and Immigration Services. While the basic framework of naturalization has remained consistent, there are important updates and considerations for 2026 that applicants in the Atlanta area should understand. This guide provides a comprehensive overview of the N-400 process, eligibility requirements, and practical tips for navigating your path to citizenship.
Eligibility Requirements for Naturalization
The eligibility requirements for naturalization are established by the Immigration and Nationality Act and are codified at 8 U.S.C. 1427 et seq. To qualify for naturalization through the standard path, an applicant must meet several requirements.
Lawful Permanent Resident Status
You must be a lawful permanent resident of the United States. This means you must hold a valid green card. If you obtained your green card through family sponsorship, employment, the diversity visa lottery, or any other category, you are eligible to apply for naturalization once you meet the other requirements.
Continuous Residence and Physical Presence
Under the standard five-year rule at INA Section 316(a), you must have been a lawful permanent resident for at least five years before filing your N-400 application. During those five years, you must have been physically present in the United States for at least 30 months. If you are married to and living with a U.S. citizen, the residency requirement is reduced to three years under INA Section 319(a), with a physical presence requirement of at least 18 months during that three-year period. You must also have lived within the state or USCIS district where you are applying for at least three months before filing. For Atlanta-area applicants, this means you must have resided in Georgia for at least three months.
Continuous Residence Disruptions
Absences from the United States can affect your continuous residence. An absence of more than six months but less than one year creates a presumption that you have broken your continuous residence, though this presumption can be rebutted with evidence. An absence of one year or more automatically breaks your continuous residence, and you must generally start a new period of continuous residence upon your return. For applicants who travel frequently to their home countries or who have extended stays abroad, this is a critical issue. An immigration attorney can evaluate whether your travel history poses a risk to your naturalization application.
Good Moral Character
You must demonstrate good moral character for the statutory period, which is five years for most applicants or three years for spouses of U.S. citizens. USCIS evaluates good moral character by examining your criminal record, tax compliance, child support obligations, and other factors. Certain criminal convictions can permanently bar naturalization, including aggravated felony convictions as defined under INA Section 101(a)(43). Other offenses, such as crimes involving moral turpitude, controlled substance violations, and multiple criminal convictions with aggregate sentences of five years or more, may also create bars. Under Georgia law, offenses that are classified as misdemeanors may still be considered crimes involving moral turpitude for immigration purposes, so it is essential to have your criminal history evaluated by an attorney who understands both Georgia criminal law and federal immigration law.
English Language and Civics Requirements
Applicants must demonstrate the ability to read, write, and speak basic English, as well as knowledge of U.S. history and government. The English test includes reading, writing, and speaking components administered during the naturalization interview. The civics test consists of questions drawn from a list of 100 questions about American government and history, of which the applicant must correctly answer six out of ten. Certain applicants may qualify for exemptions or accommodations. Applicants who are 50 years of age or older and have been permanent residents for at least 20 years, or who are 55 years of age or older and have been permanent residents for at least 15 years, may take the civics test in their native language. Applicants with qualifying physical or developmental disabilities may request a waiver of the English and civics requirements by filing Form N-648.
Filing Form N-400 in 2026
Form N-400 can be filed online through your USCIS online account or by mailing a paper application. As of 2026, USCIS continues to encourage electronic filing, which allows for faster processing and easier communication with the agency. The filing fee for Form N-400 includes the application fee and a biometrics services fee. Fee waivers are available for applicants who demonstrate an inability to pay, and reduced fees may be available for applicants with household incomes at or below 200 percent of the federal poverty guidelines. You may file your N-400 up to 90 days before meeting the continuous residence requirement, meaning that if you have been a permanent resident for four years and nine months under the five-year rule, you may file your application.
The Naturalization Interview in Atlanta
After filing your N-400, you will be scheduled for a biometrics appointment if required, followed by an interview at a USCIS field office. For Atlanta-area applicants, interviews are typically conducted at the USCIS Atlanta Field Office. During the interview, a USCIS officer will review your application, verify your identity, place you under oath, and administer the English and civics tests. The officer will ask you questions about your application, including your background, travel history, criminal history, tax compliance, and other relevant factors. It is important to bring all required documents to the interview, including your green card, passport, travel documents, tax returns, and any other documents specified in the interview notice. If you have a criminal history, even minor offenses such as traffic tickets from courts in Fulton County, DeKalb County, Gwinnett County, or Cobb County, bring certified court dispositions showing the outcome of each case.
Common Issues That Can Delay or Deny Naturalization
Criminal History
Any criminal history must be disclosed on the N-400 application, including arrests that did not result in conviction. Failure to disclose criminal history can be considered a lack of good moral character and may constitute fraud, which can result in denial and potentially affect your permanent resident status. Georgia-specific offenses that commonly arise in naturalization cases include DUI convictions under O.C.G.A. 40-6-391, drug possession charges under O.C.G.A. 16-13-30, domestic violence charges under O.C.G.A. 19-13-1, shoplifting under O.C.G.A. 16-8-14, and simple battery under O.C.G.A. 16-5-23. Even if a case was dismissed or resolved through a first offender program under O.C.G.A. 42-8-60, USCIS will consider the underlying arrest and circumstances.
Tax Issues
USCIS will verify that you have filed all required federal, state, and local tax returns. Failure to file taxes or outstanding tax debts can be a basis for finding a lack of good moral character. If you have unfiled returns, it is important to bring them current before your interview. Georgia residents must file both federal returns with the IRS and state returns with the Georgia Department of Revenue.
Child Support
Failure to pay court-ordered child support can be a basis for denying naturalization based on lack of good moral character. If you have child support obligations through any family court in the Atlanta area, including the Superior Court of Fulton County or the Superior Court of Gwinnett County, ensure that your payments are current before filing.
After Approval: The Oath Ceremony
If your application is approved, you will be scheduled for a naturalization oath ceremony. In the Atlanta area, oath ceremonies are held at various locations, including the USCIS Atlanta Field Office and, for larger ceremonies, venues throughout the metro area. During the ceremony, you will take the Oath of Allegiance to the United States, surrender your green card, and receive your Certificate of Naturalization. From that moment forward, you are a United States citizen with all the rights and responsibilities that citizenship entails, including the right to vote in elections, serve on a jury, and obtain a U.S. passport.
Special Considerations for Military Service Members
Active-duty members of the U.S. Armed Forces and certain veterans may be eligible for expedited naturalization under INA Sections 328 and 329. Georgia is home to several major military installations, including Fort Moore, Robins Air Force Base, and Fort Eisenhower. Service members stationed at these installations or living in the Atlanta metro area may qualify for naturalization with reduced or waived residence and physical presence requirements.
Dual Citizenship
The United States does not require you to renounce your prior citizenship when you naturalize, although some countries may not recognize dual citizenship. Many naturalized citizens in the Atlanta area maintain citizenship in their home countries while also enjoying the full benefits of U.S. citizenship. If you have questions about how naturalization may affect your citizenship in another country, consult with an immigration attorney.
Contact J. Lee & Associates for a Free Consultation
If you are a lawful permanent resident in the Atlanta area and are considering applying for U.S. citizenship, J. Lee & Associates Law Group can guide you through every step of the N-400 naturalization process. Our bilingual immigration attorneys have helped hundreds of clients successfully navigate the path to citizenship. We will review your eligibility, help you prepare your application, address any potential issues with criminal history or travel, and prepare you for the interview and civics test. Schedule your free consultation today at /consultation or call our Atlanta office. Your journey to citizenship starts here.
Related Practice Areas: Immigration | Immigration Services | Criminal Defense
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