Queens Citizenship Lawyers

Last Updated on: 10th November 2025, 06:55 pm

Queens Citizenship Lawyers

You’re a green card holder ready to naturalize. Or you’re preparing for the naturalization interview and worried about the new civics test. Either way, you need to understand that naturalization isn’t automatic – USCIS will deny applications when applicants cannot establish good moral character or pass the tests or meet continuous residence requirements.

I’m Todd Spodek. My father practiced immigration law before me. Spodek Law Group has over 50 years combined experience helping Queens residents become U.S. citizens. Chinese communities in Flushing pursuing citizenship. South Asian communities in Jackson Heights and Richmond Hill filing N-400 applications. Latin American communities in Corona and Elmhurst preparing for civics tests. We handle naturalization from application through oath ceremony.

Naturalization Requirements

Must have been a permanent resident for at least five years, or three years if married to a U.S. citizen. Must have been physically present in the United States for at least half of that time – 30 months for five-year applicants, 18 months for three-year applicants.

Must have continuous residence – you haven’t abandoned your permanent resident status by living abroad. Trips outside the United States lasting six months or more will raise questions. Did you abandon residence? Depends on ties to the United States – employment, property, family, tax filings. Trips lasting one year or more will break continuous residence unless you obtained a reentry permit before leaving.

The Physical Presence Problem

We had a Jackson Heights applicant denied last year. Green card holder for seven years. Filed N-400. At the interview, USCIS calculated his trips abroad totaled 32 months – more than half his time as a permanent resident. He didn’t meet the physical presence requirement. Application denied. He had to wait additional years before reapplying to accumulate enough physical presence time.

The New 2025 Civics Test

On October 20, 2025, USCIS implemented a new civics test. Instead of answering 6 out of 10 questions from a pool of 100, you now answer 12 out of 20 questions from a pool of 128. The question pool increased significantly. More questions about American history, government structure, Constitution, rights and responsibilities. More difficult? Yes. Requires more preparation? Absolutely.

Test Exceptions

Exceptions exist for applicants who are 50 years old and have lived as permanent residents for 20 years, or 55 years old with 15 years as permanent residents – they can take the civics test in their native language. Also for applicants 65 or older with 20 years as permanent residents – they take a simplified civics test in their native language.

Good Moral Character Issues

USCIS will deny naturalization applications when applicants cannot establish good moral character during the statutory period. Common issues? Failing to file tax returns. Having outstanding tax debt. Criminal convictions during the statutory period. Lying to obtain immigration benefits.

Tax Compliance Matters Enormously

USCIS requires applicants to file tax returns for the statutory period if required by law. Many Queens residents work multiple jobs or have self-employment income and failed to file returns. USCIS will deny naturalization if you were required to file but didn’t.

We represented a Jackson Heights resident last year. Permanent resident for eight years. Worked as a food delivery person, received cash tips, didn’t file returns for three years. We helped him file delinquent returns, paid taxes owed plus penalties. Then filed N-400. At the interview, USCIS will question the late filing. We explained he corrected the problem. The officer approved – but it took four months after the interview before we got final approval. USCIS conducted additional background checks on the tax issue.

But here’s a case that didn’t work out. Corona resident, permanent resident for nine years, filed N-400. At the interview, USCIS will ask for tax transcripts for the past five years. He’d only filed two years. Owed the IRS for the missing years. USCIS denied naturalization for lack of good moral character. He’s now working with a tax attorney to resolve the IRS debt and file the missing returns. Can’t reapply for naturalization until he fixes this. It’s been pending 14 months and counting.

Criminal Convictions and Naturalization

Certain crimes will permanently bar you from establishing good moral character. Murder will permanently bar you. Aggravated felonies will permanently bar you. Other crimes will bar you during the statutory period but not permanently.

Crimes involving moral turpitude during the statutory period will bar good moral character unless you qualify for the petty offense exception – maximum possible sentence one year or less and actual sentence six months or less. Controlled substance violations during the statutory period will bar good moral character. Two or more offenses with combined sentences of five years or more will bar you.

When Old Convictions Still Matter

Convictions fall within the statutory period? Options include waiting additional years before applying – let the statutory period roll forward past the conviction date. Or pursue post-conviction relief – vacate the conviction if constitutional violations, ineffective assistance of counsel, or legal errors affected the case.

The Naturalization Interview

After filing Form N-400, you will attend a naturalization interview at a USCIS field office. The officer will ask questions about your N-400 application – your biographical information, travel history, employment, criminal history, tax compliance. The officer will administer the English test – reading one sentence correctly out of three, writing one sentence correctly out of three. The civics test – answering 12 out of 20 questions correctly from the new 128-question pool.

The officer will make a decision at the end. Three possibilities: approve, deny, or continue for additional evidence. Approval means you will take the oath of allegiance at a ceremony and receive your citizenship certificate. Denial means USCIS found you ineligible – you can appeal or reapply. Continue means USCIS will need additional documentation – provide it within the deadline or the application will be denied.

Interview Preparation

We will prepare applicants for naturalization interviews. We will review N-400 applications line by line. We will identify potential issues – gaps in travel history, missing tax years, criminal history requiring explanation. We will practice the English test and civics test. We will conduct mock interviews preparing you for the types of questions officers ask.

Delays and Denials

Naturalization processing times vary. Currently taking 8-12 months from filing to interview in the New York area. Some cases take longer – background check delays, USCIS requesting additional evidence, complicated criminal history requiring review.

If your application is denied, you have options. Request a hearing with a different USCIS officer within 30 days. If denied again, file a new N-400 application addressing the reasons for denial. If the denial was legally incorrect, file a petition for review in federal district court.

Why We Handle These Cases

Todd Spodek is a second-generation attorney. After graduating from Pace Law School, he started appearing in courts throughout New York daily. High-profile cases include Anna Delvey – the Netflix series. Featured in The New York Times, Newsweek, Bloomberg.

We handle naturalization applications for Queens residents from every community. Chinese green card holders in Flushing preparing for the new civics test. South Asian green card holders in Jackson Heights and Richmond Hill addressing tax compliance issues. Latin American residents in Corona and Elmhurst studying English and civics. African immigrants throughout Queens pursuing citizenship. Whether you’re preparing for the naturalization interview or addressing good moral character issues or appealing a denial – call us. We’re available 24/7.