Becoming A US Citizen (Part 2): Pitfalls And Accommodations (Podcast)

In the second installment of our two-part naturalization series, Klasko Immigration Law Partners attorneys Karuna Simbeck, Megan Kludt, and Stacy Shore focus on the issues that most often catch applicants by surprise or require particular planning, like criminal and moral character issues, the disclosure obligations from the green card stage, and the waivers and special pathways available to applicants who don’t fit the standard profile. Understanding these nuances early can mean the difference between a smooth filing and a denied application.

Every naturalization applicant must establish good moral character, typically covering the three- or five-year period immediately before filing. Historically, applicants have satisfied this requirement simply by showing the absence of disqualifying conduct, such as no serious criminal record, no unpaid taxes, no outstanding child support.

That standard shifted in August 2025, when USCIS issued guidance directing officers to conduct a more holistic review that weighs positive equities alongside any negative factors. Under this approach, evidence of community involvement, family caregiving, education, stable employment, length of time holding a green card, and consistent compliance with tax and financial obligations can all factor into an officer’s determination, even when an applicant has no criminal history at all. It is critical to build a complete, affirmative record rather than relying on a clean background alone.

A range of criminal conduct can affect a good moral character determination, including crimes involving moral turpitude, controlled substances, firearms, and domestic violence such as stalking, harassment, or violating a restraining order. False testimony, including lying to obtain an immigration benefit, and unlawful voting or voter registration can also bar a finding of good moral character, even when the underlying conduct seems unrelated to eligibility.

Certain conduct results in an automatic bar to good moral character rather than a discretionary one.These include, among others, aggregate incarceration of more than 180 days during the relevant period, habitual drunkenness, income derived primarily from gambling, and certain smuggling offenses.

Because these issues can also call a green card into question, applicants with a criminal history should carefully weigh whether filing for naturalization is advisable at all. In some cases, filing for naturalization can trigger new scrutiny of underlying permanent resident status.

Naturalization functions as the government’s final, comprehensive look at an applicant’s history. Issues that occurred before a green card was issued, and were disclosed at that time, may still be relevant now, particularly if similar conduct has recurred since. A single incident before the statutory period can look very different when it’s followed by additional incidents during it. Concealing a prior issue, even a relatively minor one, carries its own risk: if USCIS later determines that an applicant deliberately withheld material information on an earlier filing, that omission can itself amount to false testimony and become a separate bar to naturalization. The safer course is a full review of the immigration history and complete disclosure to counsel before filing.

Given the more holistic review described above, applicants may benefit from affirmatively documenting positive equities rather than relying only on the absence of a negative record.

Useful evidence can include:

• Letters from a mentee or the organization for whom an applicant volunteers or mentors
• Receipts for charitable contributions
• Affidavits from neighbors, friends, or family attesting to community involvement
• Certificates of achievement, professional recognition, or completed degree programs
• Letters from a religious community confirming membership or participation
• Documentation of employer-sponsored volunteer programs, including supporting emails

Applicants who cannot meet certain naturalization requirements because of a medical condition may qualify for a waiver of the English and civics tests using Form N-648. The form must be completed by a qualified medical professional who can clearly connect the diagnosis to the specific inability to learn or demonstrate the required knowledge; incomplete explanations are a common reason these waivers are denied.

Separately, age- and residency-based exemptions can excuse an applicant from the English language requirement, while still requiring the civics test, which may be taken in the applicant’s native language with an interpreter.Beyond these formal exemptions, USCIS can also offer other reasonable accommodations, such as off-site interviews, support for nonverbal communication, permission to have someone present at an interview, accommodations for those who are deaf or hard of hearing, and extended time for testing. Applicants should request any reasonable accommodation in advance whenever possible.

Applicants with religious or deeply held conscientious objections to bearing arms may also seek an exemption from that portion of the oath of allegiance. These requests typically require a personal statement explaining the basis for the objection, often supported by a letter from a religious community, and the assigned officer has discretion to inquire further into the sincerity and origin of the belief.

Extended time abroad can complicate both physical presence and continuous residence requirements. A single trip of six months to a year outside the United States may break continuity of residence; a trip of a year or more breaks it outright and resets the naturalization clock. Applicants who anticipate an extended absence can apply for a reentry permit, and in some cases file Form N-470 in advance, to help preserve continuity of residence.

A separate provision, INA § 319(b), allows certain spouses of US citizens working abroad for qualifying employers to pursue an expedited naturalization process that bypasses the usual physical presence and residence requirements, provided the applicant intends to join the spouse abroad shortly after naturalizing.

Spouses of US citizens may also be eligible to naturalize after three years, rather than five, if they have lived in marital union with their citizen spouse for that period, meet a shorter physical presence requirement, and satisfy good moral character. Limited exceptions exist where a couple cannot live together due to circumstances such as military orders or job relocation, but these situations require careful documentation and can vary by USCIS field office.

Military service offers additional expedited pathways. Service members who complete at least one year of honorable peacetime service and apply while still serving or within six months of separation may qualify for reduced residency and physical presence requirements under INA § 328, while as little as one day of honorable wartime service can qualify certain applicants under INA § 329.

In both cases, citizenship obtained through military service can later be revoked if a service member is separated under dishonorable conditions before completing the required period of honorable service.

Naturalization is not always the final word. Citizenship can later be revoked (most often for illegally procuring citizenship or concealing or misrepresenting a material fact) through a civil proceeding before a federal judge. Courts have described the loss of citizenship as an especially severe penalty, and the government bears a heavy burden of proof. Denaturalization can also occur as part of a related criminal proceeding. While historically rare, denaturalization efforts have reportedly increased recently, making it worthwhile for naturalized citizens to remain mindful of their obligations even after taking the oath.

• Review your full immigration history with counsel, not just what has changed since the green card was issued
• Disclose everything to counsel, including issues that seem resolved, minor, or already disclosed previously
• Gather documentation of positive equities and good moral character well before filing
• Identify early whether a waiver, exemption, or reasonable accommodation may be needed
• Plan carefully around the timing of overseas assignments, military service, or extended absences

If you have questions about naturalization or citizenship applications, please request a consultation.