New York Naturalization Lawyer
Welcome to Spodek Law Group. Our goal is to give you the reality of naturalization in New York - not the sanitized version immigration websites present, not the feel-good narrative about the American Dream, but the actual truth about what happens when you walk into that USCIS interview. Most people approach naturalization like its a test they need to study for. Civics questions. English proficiency. Basic stuff. What they dont understand is that the USCIS officer sitting across from you has already pulled your entire file from the FBI database before you walked through the door.
Thats the part nobody explains. The interview isnt really about testing what you know. Its about verifying whether youll be honest about what they already know. They have your criminal history - including arrests you thought were sealed. They have your tax records. They have your travel history. Every time you left the country and came back, recorded. Every interaction with any government agency, cross-referenced. The naturalization process looks like a citizenship test, but it functions as an interrogation. And the stakes are higher than most applicants realize.
Here's something that keeps immigration attorneys up at night: over 459,219 permanent residents had their N-400 applications denied over the past five years. That's roughly a 10% denial rate annually. But denial isn't even the worst outcome. Some people walk into their naturalization interview as green card holders and walk out facing deportation proceedings. Not because they committed new crimes. Because the interview revealed old information they should have disclosed.
What USCIS Already Knows Before Your Interview
Heres the thing most applicants dont grasp: by the time you sit down for your naturalization interview, USCIS has already conducted an extensive background check. They've pulled your records from the FBI. They know about arrests that happened decades ago. They know about charges that were dismissed. They know about cases you genuinely forgot because they were so minor.
The FBI criminal history database doesnt work like state court records. When a judge expunges your record or a prosecutor dismisses charges, the state court might remove that from their system. The FBI keeps it forever. And USCIS has access to the FBI database.
So picture this scenario. Your applying for citizenship in New York. You got arrested in 2016 for something minor - maybe disorderly conduct at a protest, maybe a mistaken identity situation. Charges were dropped. You moved on with your life. The court expunged it. You genuinly forgot it happened. Now your in the interview and the officer asks: "Have you ever been arrested?"
You say no. Becuase in your mind, you havent. That arrest disappeared.
But the officer is looking at your FBI record. They see the arrest. Now your not just someone with a dismissed arrest from years ago. Your someone who just lied to a federal officer. And that lie - that "failure to disclose" - can destroy your application far more effectivley than the original arrest ever would have.
This is the paradox of naturalization: the more you try to hide small things, the worse it gets. Immigration lawyers will tell you - the arrest itself usually isnt the problem. Its the failure to disclose. USCIS treats incomplete disclosure as misrepresentation. And misrepresentation is a character issue that can permanantly bar you from citizenship.
The Expunged Record That Isnt Really Gone
Let that sink in for a moment. You paid for an expungement lawyer. You went through the court process. The judge signed an order. Your state record is clean. And none of that matters for immigration purposes.
This is were people get confused. They see "record expunged" and they think its over. But for naturalization, you must disclose every arrest - even if it was expunged, even if it was sealed, even if it happened when you were a juvenile, even if it was dismissed, even if it happened thirty years ago.
The Form N-400 asks specifically: "Have you EVER been arrested, cited, or detained by any law enforcement officer for any reason?" The word "EVER" means exactly what it says. Not "in the past five years." Not "convictions only." EVER.
Why does the system work this way? Becuase immigration law operates on a federal level, and federal agencies dont recognize state court expungements as erasing the event from history. The FBI maintains criminal history records regardless of what state courts do afterward. USCIS uses the FBI database. So the arrest exists whether or not your state says it does.
Todd Spodek has seen this pattern play out hundeds of times. Someone comes in for a consultation, confident their record is clean, and the FBI check reveals arrests they genuinley forgot about. Not because they were hiding anything - because their state court said those records were gone. The state court was right about state law. But immigration is federal law.
OK so heres what actually happens: you disclose everything upfront, you bring certified court dispositions for every single arrest no matter how old, and you explain the circumstances honestly. The officer reviews it, sees you were forthcoming, and evaluates the actual conduct. Usually minor old arrests dont derail applications. But when people dont disclose? When they answer "no" to arrest questions because they beleive expunged means gone? Now youve created a misrepresentation problem on top of whatever the original issue was.
How Voter Registration Turns Into Deportation
Heres were it gets really scary. False claim to US citizenship is one of the most serious immigration violations. It makes you deportable. It can permanantly bar you from citizenship. And people trigger this violation by accident all the time.
Picture this. Your at the DMV renewing your drivers license. Theres a checkbox asking if you want to register to vote. Your distracted, your filling out forms, you check the box without thinking. Or maybe you checked it intentionally becuase you didnt realize voter registration was only for citizens. Either way - you just made a false claim to US citizenship.
This is not a theoretical risk. Immigration attorneys see this constantly. Someone applies for naturalization, USCIS pulls their voter registration records, finds they registered before they were eligible, and now theyre facing deportation proceedings instead of a citizenship certificate.
Heres the kicker: it doesnt matter that you never actually voted. The act of registering - claiming you were eligible when you werent - is the violation. Intent matters legally, but proving you didnt intend to claim citizenship when you checked a box is an uphill battle. And while your fighting that battle, your citizenship application is denied and removal proceedings might be initiated.
Some states have automatic voter registration tied to DMV transactions. You might not have even known you were registering. But ignorance isnt automaticaly a defense. USCIS officers have discretion, and under the August 2025 policy memorandum, that discretion has expanded significanty.
Good Moral Character: The 5-Year Lookback They Dont Follow
The law says USCIS evaluates good moral character for the statutory period - usually five years before filing, or three years if your married to a US citizen. This sounds reasonable. It suggests that old mistakes wont haunt you forever.
But heres the part nobody talks about: any criminal conviction can be taken into consideration when deciding your naturalization application. The five-year period is the minimum they must examine. Theres no maximum. If you have a conviction from fifteen years ago, USCIS can still consider it when evaluating your character.
And the August 2025 policy memorandum made things even more complicated. USCIS officers are now instructed to take a "holistic approach" to character determination. They can consider positive factors like community involvement and family ties. But they can also deny naturalization based on conduct thats "contrary to the average behavior of citizens in the jurisdiction where aliens reside" - even if that conduct is technically lawful.
Think about that. Technicaly legal behavior can now be used against you. The policy gives officers discretion to deny based on things that arent crimes but that the officer beleives reflect poorly on your character. This is new. This is the current enforcement environment.
What does this mean practically? It means two DUIs within a certain timeframe raises an almost automatic character question. But at some USCIS field offices, even a single DUI can result in denial. It means marijuana use in states where its legal might still be a federal problem. It means any interaction with law enforcement - even if you were never charged - can become a data point in your character evaluation.
When Your Interview Answer Triggers Removal Proceedings
Read that again. This is the nightmare scenario most applicants dont even know exists.
The immigration laws say that any noncitizen who has been a drug abuser or addict at any time after admission to the US is deportable. Notice what this doesnt require: it doesnt require a conviction. It doesnt require an arrest. All it requires is that USCIS determine you meet the definition.
So your in your naturalization interview. The officer asks about drug use. Maybe they ask because your medical exam raised questions. Maybe they ask because its a standard question. And you answer honestly - you smoked marijuana recreationaly a few times years ago.
In your mind, your being truthful, which is what everyone tells you to do. In reality, you just gave USCIS evidence that could be used to initiate deportation proceedings. Not denial of naturalization - deportation. The removal of your green card. The end of your legal status in the country youve built your life in.
This is one of the most dangeous traps in naturalization. Honesty is essentialy required - lying will absolutly destroy your application. But certain honest answers can trigger consequences that go far beyond denial. This is why Todd Spodek and the team at Spodek Law Group stress pre-interview preparation so heavily. You need to know what your file contains and what the implications are before you sit down with an officer.
The same dynamic applies to fraud allegations. If USCIS determines you engaged in a sham marriage to obtain your green card, or if they find evidence of immigration fraud in how you originally entered the country, your naturalization application doesnt just get denied. You get placed in removal proceedings. Your green card gets revoked. Years of building a life in America can unravel in a single interview.
Why Naturalization Denial Is More Dangerous Than You Think
Most applicants assume the worst case scenario is denial. You fail the test, you didnt meet the requirements, you try again later. This is the fantasy version.
In reality, the naturalization application process brings you into direct contact with Department of Homeland Security officers who have conducted an extensive background check on you. Things that might never have been discovered while you quietly lived your life as a permanent resident are now on the table. The application is a spotlight.
If USCIS discovers grounds for removability during your naturalization process, they can and will initiate deportation proceedings. This includes:
The false citizenship claim we discussed - voter registration, applying for federal jobs claiming citizenship, telling any official you were a citizen when you werent. Sham marriage fraud - if your green card was based on a marriage USCIS now beleives was fraudulent. Criminal convictions that make you deportable but were never previously discovered. Drug abuse or addiction, which doesnt require a conviction. Any misrepresentation in your original immigration applications.
Heres the uncomfortable truth: sometimes the safest thing a permanent resident can do is not apply for naturalization at all. If there are skeletons in the closet - things that could trigger removability if USCIS looked closely - the citizenship application is exactly the event that causes USCIS to look closely.
This is why screening for deportability is the first thing any competant naturalization lawyer does. Before you file the N-400, before you pay the fees, before you start studying for the civics test - you need a complete review of your immigration history, your criminal history, and every interaction youve ever had with government agencies. You need to know what USCIS will find before they find it.
The 30-Day Clock and the N-336 Appeal
If your naturalization application is denied, you have exactly 30 calendar days from receiving the decision (33 days if USCIS mailed it) to file Form N-336, Request for Hearing on a Decision in Naturalization Proceedings.
But heres the thing - appealing isnt always the right move. In some cases, the denial revealed problems that might trigger deportation if you push the issue further. Appealing keeps your case active and keeps USCIS looking at your file. Sometimes the strategically correct response to denial is to quietly remain a permanent resident and not draw further attention.
This is a judgement call that requires experiance. At Spodek Law Group, weve seen cases where appeal was absolutley the right move - USCIS made an error, the denial was based on misunderstood facts, and the hearing officer corrected it. Weve also seen cases where fighting the denial would have made things exponentialy worse. Knowing the difference is why you need representation before you ever submit the application.
What a New York Naturalization Lawyer Actually Does
You might think a naturalization lawyer just helps you fill out forms. Thats maybe 10% of the value. The real work happens before you file anything.
First, comprehensive record review. This means obtaining your complete FBI criminal history, not just relying on what you remember. It means getting certified dispositions for every arrest, citation, or detention - including things from decades ago, including things in other states, including things you beleive were expunged. It means reviewing your tax transcripts, your travel records, your employment history. Everything USCIS will see, you see first.
Second, deportability screening. Before recommending you apply, a good lawyer identifies anything in your history that could trigger removal proceedings if USCIS takes a closer look. Sometimes the answer is "dont apply yet - wait until you clear the statutory period." Sometimes the answer is "dont apply ever - the risk is too high." And sometimes the answer is "you're clear, but we need to prepare explanations for these specific issues."
Third, interview preparation. Not just civics questions - those are the easy part. Preparation for the character questions. How to answer honestly without volunteering information that could hurt you. How to explain past arrests in a way that provides context. What documents to bring to support your case.
Fourth, if problems arise, representation through the appeal process or, if necessary, in removal proceedings. Because if your naturalization attempt does trigger deportation, you need someone in your corner who understood the risks from the beginning and has a strategy for the defense.
Physical Presence and Continuous Residence Traps
Beyond the character issues and disclosure requirements, theres another category of problems that trips up applicants: the residency requirements that sound simple but arent.
To naturalize, you need to have been physically present in the United States for at least 30 months out of the last 5 years (or 18 months out of 3 years for spouse-of-citizen applicants). You also need continuous residence - meaning you havent abandoned your US domicile.
Heres were it gets complicated. Any single trip outside the US exceeding 6 months breaks your continuous residence presumptively. You can overcome the presumption, but now the burden is on you to prove you didnt abandon residence. Any trip exceeding 1 year absolutley breaks continuous residence - no exceptions, no way to overcome it.
See the problem? You could have been a permanent resident for 20 years, traveled frequently for work, and one extended trip to care for a sick relative could reset your naturalization clock entirely.
And physical presence is counted differently than you might expect. The 30 months means literally 913 days on US soil. Every day you spent outside the country - even for quick trips to Canada or Mexico - counts against you. USCIS will calculate this from your travel records, which they have access to through CBP entry/exit data.
The Reality of Naturalization in 2026
The naturalization process in New York has never been more complex. The August 2025 policy changes gave USCIS officers expanded discretion to deny applications based on subjective character determinations. Processing times remain lengthy. The consequences of mistakes - especially non-disclosure - have never been more severe.
But millions of people successfuly naturalize every year. Between 600,000 and 1 million immigrants become citizens annually. For most applicants who prepare properly, who disclose everything honestly, who bring complete documentation, the process works.
The difference between the people who succeed and the people who end up in removal proceedings often comes down to preparation. Did they know what USCIS would find before USCIS found it? Did they have explanations ready for problematic history? Did they understand which questions were really about character determination versus civics knowledge?
You have been building toward this moment for years. The green card was a milestone. Citizenship is the destination. Dont let procedural mistakes or inadequate preparation derail what youve worked so hard to achieve.
The clock is ticking differently for everyone. If youve been a permanent resident for 5 years (or 3 years married to a citizen), your window is open now. But that window exists in a specific enforcement environment, and that environment can change. The policies that apply to your application today might not be the same policies that apply in two years.
Call Spodek Law Group at 212-300-5196. We'll start with the honest assessment most applicants dont get elsewhere: whats in your file, what are the risks, and what does proper preparation actually look like. The naturalization interview should be a formality confirming what everyone already knows - that youve been a contributing member of this country and deserve to call it your own. Let us make sure thats exactly what happens.
