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Do I need a lawyer to apply for US citizenship?

No rule requires one. The N-400 fee is $760 on paper, $380 at or below 400% of the poverty guidelines, and it can be waived. The core test in 8 CFR 316.2 is five years as a permanent resident with 30 months' physical presence, or three years and 18 months for a spouse living with a US citizen (8 CFR 319.1).

Naturalization is the step many green card holders take without a lawyer. Others want one because of travel history, an arrest, or a past immigration problem that the application asks about.

This page sets out what the regulations require, what it costs, and where applications commonly run into trouble, as at 9 October 2026. It does not assess whether you are eligible. That depends on your own history, and only you, an attorney or a DOJ-accredited representative can apply the rules to it.

What the regulations require

The general rule (8 CFR 316.2(a)). An applicant must:

  1. be at least 18;
  2. have been lawfully admitted as a permanent resident;
  3. have resided continuously in the US for at least five years after that admission;
  4. have been physically present for at least 30 months of the five years before filing;
  5. have lived for at least three months in the state or USCIS district where they apply;
  6. reside continuously in the US from application to admission as a citizen;
  7. have been and continue to be a person of good moral character, attached to the principles of the Constitution, for all relevant periods.

Spouses of US citizens (8 CFR 319.1(a)). Three years' continuous residence after becoming a permanent resident, living in marital union with the citizen spouse for the three years before the examination (with the spouse a citizen throughout), and 18 months' physical presence.

English and civics (8 CFR 312.1, 312.2). Applicants must show they can read, write and speak ordinary English and know the fundamentals of US history and government, with exceptions for some older, long-resident applicants and for people with qualifying disabilities.

The applicant carries the burden of proving each requirement "by a preponderance of the evidence" (8 CFR 316.2(b)).

What it costs (as at 9 October 2026)

| Item | Fee | Source | |---|---|---| | N-400 naturalization (paper) | $760 | 8 CFR 106.2(b)(3) | | N-400 at or below 400% of Federal Poverty Guidelines | $380 | 106.2(b)(3)(ii) | | N-400, military applicants under INA 328/329 | No fee | 106.2(b)(3)(i) | | N-336 hearing after a denial | $830 | 106.2(b)(2) | | N-470 preserve residence for long absences | $420 | 106.2(b)(5) | | N-565 replacement certificate | $555 | 106.2(b)(6) |

The $50 online discount (8 CFR 106.1(g)) does not apply to the $380 reduced rate. The N-400 is on the list of fees USCIS may waive "without condition" (8 CFR 106.3(a)(3)(i)(I)) for applicants who receive a means-tested benefit, have household income at or below 150% of the poverty guidelines, or face extreme financial hardship.

PROPOSED, not in force. On 23 June 2026 DHS proposed raising the N-400 fee to $1,330 on paper and $1,280 online and ending the reduced fee and fee waivers for the N-400 and N-336 (91 FR 37500; correction 91 FR 42144). The comment period closed on 24 August 2026. As at 9 October 2026 no final rule had been published in the Federal Register, so the current fees above apply. Check the USCIS G-1055 fee schedule on the day you file.

How absences are counted (8 CFR 316.5)

Continuous residence and physical presence are tested separately, and absences are where counting becomes technical. Residence means domicile, or "principal actual dwelling place, without regard to the alien's intent" (8 CFR 316.5(a)). The rules below are from eCFR as at 1 October 2026.

  • Six months to a year. An absence of continuous six months to a year during the required period "shall disrupt the continuity of such residence" unless the applicant can establish otherwise. The rule lists the kinds of evidence that may do so: that the applicant did not terminate their US employment, that their immediate family stayed in the US, that they kept full access to their US home, or that they did not take a job abroad (316.5(c)(1)(i)). It applies even if the person never claimed non-resident status or abandoned their green card.
  • A year or more. Unless Form N-470 was approved, an absence of a continuous year or more disrupts continuity. A five-year applicant "may file an application for naturalization four years and one day following the date of the applicant's return". A three-year applicant may file two years and one day after return (316.5(c)(1)(ii)).
  • Tax filings. Voluntarily claiming non-resident status for income tax, or not filing returns because you consider yourself a non-resident, "raises a rebuttable presumption" that you gave up permanent resident status (316.5(c)(2)).
  • More than one state. If you claim residence in several states, it is decided by where your annual federal tax returns have been and are filed (316.5(b)(4)).
  • Three months locally. Immediately before filing, the applicant must have lived at least three months in the state or USCIS district where they apply (316.2(a)(5)).

A worked example of the arithmetic, not a prediction: a green card holder on the five-year rule who spent a continuous 14 months abroad, with no N-470, falls under the "year or more" rule in 316.5(c)(1)(ii). On its text, the earliest filing date is four years and one day after returning to resume permanent residence. A holder who spent a continuous seven months abroad is in the six-months-to-a-year band, where continuity is disrupted unless they establish otherwise, and the four types of evidence above are the regulation's own examples. Which facts apply to a particular person is exactly what an attorney or accredited representative reviews.

Where applications run into trouble

We will not predict how your application goes. These are the parts of the rules that most often need careful facts:

  • Counting days. Continuous residence and physical presence are different tests with different numbers. Travel records need to be complete and consistent with what is on the application.
  • Long trips abroad. 8 CFR 316.5 has specific rules about absences. A permanent resident working abroad for certain employers can apply on Form N-470 ($420) to preserve residence, but it "must be filed before the applicant has been absent from the United States for a continuous period of one year" (8 CFR 316.5(d)(1)(i)).
  • Good moral character. It is assessed over the whole statutory period. Arrests, citations, tax issues and past immigration problems are all questions on the form.
  • How the green card was obtained. The burden includes showing that you were lawfully admitted as a permanent resident "in accordance with the immigration laws in effect at the time" (8 CFR 316.2(b)). A naturalization application can put the original green card under review.
  • RFEs and NOIDs carry capped deadlines with no extensions: at most 12 weeks and 30 days (8 CFR 103.2(b)(8)(iv)).

English and civics: the exceptions in detail

Two regulations govern the language and civics requirements (8 CFR 312.1 and 312.2, eCFR as at 1 October 2026).

  • English. The applicant must show an understanding of English, including the ability to read, write and speak words in ordinary usage (312.1(a)). Speaking is judged from the answers given during the examination. Reading and writing are tested in a manner USCIS prescribes (312.1(c)).
  • Age and years exceptions. No English test applies to someone over 50 at filing who has lived in the US for periods totalling at least 20 years since becoming a permanent resident, or over 55 with at least 15 years (312.1(b)(1)–(2)). Those applicants must still satisfy the civics requirement (312.2(a)). If their spoken English is not enough for a valid examination, the civics test may be given in their own language with an interpreter (312.2(c)(1)(i)).
  • Disability exception. It applies to a medically determinable physical or mental impairment that has lasted or is expected to last at least 12 months. Form N-648, completed by a US-licensed medical or osteopathic doctor or clinical psychologist, must be attached to the N-400 (312.2(b)(2)). Loss of cognitive ability from the direct effects of illegal drug use is not counted (312.1(b)(3)).
  • How civics is examined. It is an oral examination in English, with the officer giving due consideration to the applicant's education, background, age, length of residence, and the opportunities and efforts made to acquire the knowledge (312.2(c)(2)).

These are the written rules. Whether an exception fits a particular person, and how to document it, is a question for an attorney or accredited representative.

If the N-400 is denied

A denied N-400 can be taken to a hearing before an immigration officer on Form N-336, which costs $830 (8 CFR 106.2(b)(2)). There is no fee for military applicants under INA 328 or 329 whose applications were denied. The N-336 fee can also be waived (8 CFR 106.3(a)(3)(i)(H)).

The alternative some people take is to file a new N-400 later. Which option fits a denial depends on the reason for it. That is a legal judgment about your case.

Who may legally help

Under 8 CFR 292.1(a), only attorneys in good standing with a US state bar, DOJ-accredited representatives of recognized non-profits, and a few narrow categories may represent you before USCIS. Rosters of recognized organizations and accredited representatives are published by the EOIR Recognition and Accreditation Program.

Anyone else may only fill in blank spaces on forms for a nominal fee, without giving advice (8 CFR 1.2). USCIS says notaries "cannot represent you in legal matters, including immigration cases."

Lawyers set their own fees, as a flat fee or hourly, and must explain the basis to you. Ask whether the interview is included, and whether USCIS fees are part of the quote. See how immigration lawyers charge.

Points people raise at a consultation

If you decide to speak to an attorney or accredited representative, these are the facts they usually need. Having them ready saves time on an hourly fee:

  • the date on your green card and how you got it;
  • every trip outside the US in the statutory period, with dates;
  • every address in that period;
  • any arrest, citation, charge or conviction, anywhere, even if dismissed;
  • tax filing history;
  • any past denial, removal proceeding or immigration violation;
  • marital history, if applying under the three-year rule.

Find an attorney or accredited representative

See attorneys and accredited representatives in the Migratio directory. Listings are shown in a neutral order with factual filters only (state, language, practice area, attorney or accredited representative). Migratio does not recommend, rank or match any lawyer.

Notaries public, notarios and immigration consultants are not lawyers and cannot give immigration legal advice. Only a licensed attorney or a DOJ-accredited representative can.

Migratio is not a law firm and does not give legal advice. Only a licensed attorney or a DOJ-accredited representative can advise you.

Questions people ask

Can I apply for US citizenship without a lawyer?

Yes. No regulation requires representation for an N-400. The fee is the same either way: $760 on paper as at 9 October 2026, or $380 at or below 400% of the Federal Poverty Guidelines.

How long do I need to be a green card holder to apply for citizenship?

The general rule is five years' continuous residence with 30 months' physical presence (8 CFR 316.2). For a spouse living in marital union with a US citizen it is three years and 18 months (8 CFR 319.1). Other rules exist, for example for military service.

Is the N-400 fee going up?

A rule proposed on 23 June 2026 would raise it to $1,330 on paper and end the reduced fee and waivers (91 FR 37500). It is PROPOSED, not in force. The comment period closed on 24 August 2026, and as at 9 October 2026 no final rule had been published.

Can the N-400 fee be waived?

Yes, under current rules. The N-400 is on the list of fees USCIS may waive (8 CFR 106.3(a)(3)(i)(I)) for applicants on a means-tested benefit, at or below 150% of the poverty guidelines, or in extreme financial hardship.

What can I do if my citizenship application is denied?

You can request a hearing on Form N-336 ($830, or waived on application) under 8 CFR 106.2(b)(2). Some people file a new N-400 instead. The right route depends on the reason for the denial.

Sources

Last checked 2026-10-09.

Related guides

  • N-400 fee in 2026: $760, the $380 reduced fee and fee waivers — The regulation sets the N-400 fee at $760, or $380 if documented household income is at or below 400% of the Federal Poverty Guidelines (8 CFR 106.2(b)(3)). The fee can also be waived on the three grounds in 8 CFR 106.3(a)(1). Military applicants under INA 328 or 329 pay nothing.
  • N-400 eligibility: the 5-year rule, the 3-year rule and the 30-month rule — 8 CFR 316.2 requires five years of continuous residence as a permanent resident and 30 months of physical presence in the five years before filing. 8 CFR 319.1 shortens that to three years and 18 months for a spouse living in marital union with a US citizen for those three years. Applications may be filed up to 90 days early (8 CFR 334.2(b)).
  • N-400 denied: the N-336 hearing, court review and filing again, as the regulations set them out — 8 CFR 336.2(a) lets an applicant ask for a hearing on a naturalization denial "within thirty days after the applicant receives the notice of denial." The request is Form N-336 ($830 today; a higher fee is proposed but not in force). If the denial stands, 8 U.S.C. 1421(c) allows review in a federal district court.
  • Proposed N-400 fee rise and end of fee waivers: what the rule says — A DHS proposed rule (91 FR 37500, 23 June 2026) would raise the N-400 to $1,330 on paper or $1,280 online and end the reduced fee and fee waivers for the N-400 and N-336. It is PROPOSED and not in force. Its comment period closed on 24 August 2026; the fees in 8 CFR 106.2 ($760, or $380 at or below 400% of the poverty guidelines) apply until a final rule changes them.
  • Do I need an immigration lawyer? What the rules say — No federal rule requires you to hire anyone to file with USCIS; the regulations say a person "may be represented". If you do get help, only attorneys, DOJ-accredited representatives and a few narrow categories may represent you. Whether to get one is your decision; this page sets out the rules and deadlines that bear on it.
  • How much does an immigration lawyer cost? — There are two bills: the lawyer's fee, which each lawyer sets (flat, hourly or per consult) and must explain to you, and the government filing fees, which are fixed by regulation. A marriage green card filed inside the US, for example, carries $2,115 in USCIS fees for the I-130 and I-485 alone, before any lawyer's fee.