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Many immigrants come to the United States with the dream of becoming an American citizen. However, this process can be quite complicated and stressful for those who do not know to go about the naturalization process.  To simplify the process, here are some tools to help you understand what you need to do to become a citizen.  First off, you should understand that the naturalization process can be accomplished in a few different ways:

Naturalization Through Parents’ Citizenship

This one is the simplest, because citizenship in this case is based on the status of the child’s parents. If parents were to secure U.S. citizenship for their child, they must do so before the child turns eighteen. In addition, the same law establishes the right to citizenship for those children who were born abroad but whose parents have U.S. citizenship. This includes children of diplomats living abroad and those born on U.S. military bases to soldiers and their families. However, this type of naturalization must meet certain conditions in order to be applied. You can read more details about this type of petition and process through the USCIS Policy Manual. 

The Child of a Citizen

As mentioned before, this type of naturalization will depend on several factors, with the most important factor being if the parent of the citizenship applicant resides within the U.S. territory or not. 

Children of U.S. Citizens Residing in the U.S.

Children of citizens who were born outside the country but now reside in the U.S. may acquire citizenship under section 320 of the Immigration and Nationality Act and meet the following conditions:
  • The child has one of his or her relatives, including an adopted relative, who is a citizen by birth or naturalization
  • The child is under 18 years of age 
  • The child is a lawful permanent resident
  • The child is a U.S. resident in the legal and physical custody of the U.S. citizen relative
For more information on whether or not you qualify for this option, you can research the N-600 Certificate of Citizenship application form.

Children of U.S. Citizens Residing Outside the Country

Those who live outside the United States may qualify for naturalization under section 322 of the Immigration and Nationality Act and by meeting these requirements:
  • Have at least one parent, including an adoptive parent, who is a U.S. citizen by birth or naturalization
  • The child’s U.S. citizen parent or U.S. citizen grandparent meets certain physical presence requirements in the U.S. or its territories
  • The child is under 18 years of age
  • The child lives outside the country in the legal and physical custody of the U.S. citizen parent or a person who does not object to the application if the U.S. citizen parent is deceased
  • The child is lawfully admitted and physically present and maintains lawful status in the United States at the time the application is approved for naturalization
If the child of a U.S. military member resides outside of the U.S., he or she can complete the process while abroad.

Other Paths to Naturalization

Naturalization is the legislative process by which a foreign national seeks to obtain full citizenship so that they can enjoy the civic ideals, rights, and freedoms guaranteed by this type of status. In order to obtain it, all the requirements stipulated by the U.S. Citizenship and Immgration Services must be fulfilled, including:

Being a Permanent Resident for 5 Continuous Years

To become a naturalized citizen, you must have been a continuous resident of the United States for five years. After you’ve completed five years of U.S. residency, you must:
  • Submit an N-400 naturalization form
  • Be 18 years of age at the time of filing
  • Demonstrate lawful stay for 5 years
  • Demonstrate continuous residence during the 5 years and demonstrate that you have been physically present in the territory for at least 30 continuous days during the 5 years
  • Demonstrate residence for at least 3 months in a state or USCIS district with jurisdiction over your place of residence
  • Be of good moral character and demonstrate adherence to the principles of the Constitution
  • Demonstrate oral, written, and reading communication skills in English
  • Know and understand the fundamentals of the history, principles, and form of government of the United States
  • Submit an Oath of Allegiance to the United States

Marital Union with a U.S. Citizen

This type of application is governed under section 319 of the Immigration and Nationality Act. You must:
  • Submit a N-400 form of naturalization
  • Be at least 18 years of age
  • Have been a lawful permanent resident in the U.S. for at least 3 years prior to filing the form
  • Have lived in a marital union with the U.S. citizen for 3 years prior to the date the application is filed and while the application is adjudicated
  • Demonstrate residence for at least 3 months in a state or USCIS district with jurisdiction over your place of residence
  • Continuously reside in the United States from the date of filing the application until the date of naturalization
  • Be physically present in the U.S. territory for at least 18 continuous months out of the 3 years immediately preceding the date of filing your application
  • Demonstrate oral, written, and reading communication skills in English, understand the history, principles, and form of government of the United States, be a person of good moral character, and adhere to the principles of the U.S. Constitution
  • Be a person of good moral character and well disposed to the good order and welfare of the United States for at least 3 years prior to the date the form is submitted and until taking the oath of allegiance

Naturalization Through Military Service



If you serve or have served in the U.S. Armed Forces and would like to become a citizen, you must adhere to certain special provisions in the Immigration and Naturalization Act. Here are a few things to keep in mind:
  • You must comply with the requirements of sections 328 and 329 of the Immigration and Naturalization Act.
  • Complete your Form N-400 under the section in which you are applying
  • As a veteran or member of the armed forces, there are sections that do not apply to your situation, such as being present in the territory if you are on active duty or paying a filing fee.
In addition to this, as a member of the Armed Forces, you will be assigned a USCIS coordinator who will assist you in your application process. Remember that you will need to submit your application through a line of command that can provide you with a certification of your honorable military service. If you are no longer in the Armed Forces, you may submit:
  • Form N-426 with a photocopy of DD Form 214, which details your relief or retirement certificate from active duty
Or
  • The NGB 22 form, which is the National Guard Report of Separation or Service Record
Once you have filled out your respective forms and the required materials, you must send them to: USCIS P.O. Box 4446 Chicago, IL 60680-4446 For more details on this type of application, you may consult this document, or turn to Castan & Lecca as expert immigration attorneys for proper guidance on your process. Keep in mind that these are just some of the basic steps that you must follow to complete the naturalization process. However, it is highly recommended that you obtain the guidance of an expert immigration attorney who can answer all of your questions and, above all, who can help you carry out the process without delays. At Castan & Lecca, we take pride in our successful immigration cases. We have the experience to guide you in this process so that you can achieve your dream of citizenship.  Give us a call today. We’d love to hear your story.

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Dustin Thompson

Attorney

Dustin Thompson was raised in rural Camilla, Georgia. Dustin graduated from Georgia Southern University majoring in political science and history. After graduation, Dustin obtained a law degree from Georgia State University College of Law in Atlanta. Before becoming a lawyer, Dustin worked a variety of jobs from a watermelon farm in Mitchell County to a policy think tank in Washington D.C. Dustin has practiced law almost exclusively in the workers’ compensation arena since 2014. For nearly a decade, he worked for a large defense firm in Georgia representing employers and insurers and gaining the invaluable experience and knowledge of how insurers defend claims. In 2023, Dustin joined the firm to use his expertise and litigation skills to help individuals who have been injured as a result of work accidents and third-party negligence.  Dustin has been repeatedly recognized by Best Lawyers: “Ones to Watch” in the practice of workers’ compensation. Outside of work, Dustin enjoys traveling, hunting, and attending sporting events. He and his family are active in Buckhead Church.

MICHAEL BOESCHEN

Attorney

Michael Boeschen (Mike) was born in Wichita, KS and raised in Chattanooga, TN. Mike graduated from The McCallie School and went on to study history, Spanish, and Latin American Studies at Southern Methodist University in Dallas, TX. After graduation, he went on to pursue a law degree from the University Of Georgia School Of Law. During law school, Mike participated in the Legal Aid Clinic, assisting in the defense of indigent criminal defendants. Mike has been licensed to practice law in Georgia since 2002 and his main practice area consists of representing injured workers as they navigate through the Georgia workers’ compensation system. Mike is also fluent in Spanish. In his spare time Mike enjoys following soccer, cooking, and spending time with his wife and two young daughters. Mike and his family are parishioners of the Holy Spirit Catholic Church in Sandy Springs, GA

CHRISTIAN PECONE

Attorney

ED DENKER

Attorney

Edward Denker was born in Philadelphia, PA but has made Georgia his home since 1999. He graduated from the Pennsylvania State University with a Bachelor’s degree in liberal arts. He then earned his Juris Doctorate from the University of Georgia. Edward spent his first years in practice representing clients in personal injury and wrongful death claims. He then spent more than a decade honing his litigation skills representing employers and insurers in workers’ compensation claims, where he gained immense experience and knowledge of how insurers defend those claims. In 2017, Edward returned to his passion of representing people who have been injured at work or through the negligence of others. When he isn’t working, Edward enjoys spending time with his wife and their two children. He is also an avid sports fan, and enjoys cooking and travel

ILIANA DOBREV

Attorney

Iliana Dobrev was born in Bulgaria. After high school, she immigrated to the United States to study law. She graduated magna cum laude from Georgia State University with a Bachelor’s in political science concentrating on pre-law and minoring in Spanish. In 2015, she graduated from Georgia State University College of Law. While in law school, Iliana completed a Graduate Research Assistantship in Labor and Employment Law and Employment Discrimination and two externships in Immigration Law. As an immigrant herself, Iliana is passionate about advocating for and defending immigrants. She is delighted to help families stay together and pursue the American dream. Iliana is a member of the American Immigration Lawyers Association and worked in both a fellowship and a firm specializing in immigration law. Iliana is fluent in Bulgarian and Spanish
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KEN THAXTON

Attorney

Ken Thaxton was born and raised in Roberta, GA. When Ken was a child, his father started a trucking business, which Ken ultimately spent over ten years working with through his late teens and twenties. Ken graduated from Houston County High School in Warner Robins, GA in 2001 with a 4.0 GPA. He then studied Business and Information Technology at Macon State College, ultimately graduating with a 4.0 GPA in 2004. After graduation, Ken continued to work with his father’s trucking company, and in late 2005, Ken and his father started an aircraft charter company, Southern Jet, Inc., under Part 135 of the Federal Aviation Regulations. Ken served as President of Southern Jet from 2006 until 2010, when he and his father sold the company. Ken is a Commercially Licensed Instrument, Multi-Engine Pilot. While serving as President of Southern Jet, Ken started Law School at the University of Georgia School of Law in 2009. Ken focused primarily on business and civil law, including Workers’ Compensation, while at UGA. He graduated Cum Laude and in the top 25% of his class from UGA Law in 2012. Ken is a licensed to practice law in the State of Georgia, and he is also a licensed neutral (mediator) in the State of Georgia. Ken represents small businesses in transactional matters and business conflicts, and he also represents injured workers and Plaintiffs injured in cases of negligence. During his spare time, Ken enjoys swimming, cycling, sporting clays, and fishing. He also does charity work with a national scholarship fund
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ALEXANDER LECCA

Attorney

Alexander Lecca (Alex) was born in Miami, Florida to immigrant parents from Cuba and Peru. Alex graduated from Coral Gables High School, where he was a recipient of the Elsa Glazer Award (given to students who graduate with a 3.5 GPA and above). He went on to study marketing at the University of Miami School of Business Administration. At the University of Miami he was also a member of the Pi Kappa Alpha fraternity. After graduation, he went on to pursue a law degree from St. Thomas University School of Law. In law school, Alex received several book awards and graduated Cum Laude. During law school Alex clerked for the Honorable Beth Bloom, had an internship with the Miami-Dade County Public Defender’s office, and clerked for a prestigious litigation law firm. Alex is licensed to practice law in both Georgia and Florida and handles workers’ compensation and personal injury cases. He is also a registered mediator with the Georgia Office of Dispute Resolution. Alex is also fluent in Spanish. During his spare time, Alex enjoys outdoor activities with his wife and four children. He also helps coach his children’s baseball, football, basketball, and soccer teams. Alex and his family are parishioners of St. Catherine of Siena Catholic Church

DANIEL CASTAN 

Attorney

Dan Castan is a senior partner at Castan and Lecca, PC in Buckhead and represents injured workers before the State Board of Workers’ Compensation and plaintiffs in State and Superior Courts of Georgia for injuries suffered in accidents. Dan litigated one of the seminal claims securing the rights of undocumented workers to receive Workers’ Compensation benefits in the state of Georgia when injured in the case of Wet Walls, Inc. vs. Ledesma. Dan has successfully fought and settled multi million dollar cases. He was born and raised in Newark, New Jersey to immigrant parents from Cuba. He received a Bachelor of Arts degree from Boston College and received his Juris Doctor from The Washington College of Law at The American University in Washington D.C.  Dan was admitted to the Georgia Bar in November, 1993.  He is an active member of the Hispanic Chamber of Commerce, Georgia Trial Lawyers Association, Atlanta Bar Association and the Workers’ Compensation Section of the State Bar of Georgia. Dan is a founding member and Director of the Latino Victory Fund Georgia and serves on the Board of The Latin American Association. Dan has been dedicated to getting Latinos elected to local, state and Federal offices in Georgia. He has been a Big Brother through Big Brothers and Sisters of Metro Atlanta and a mentor through The Latin American Association’s mentor/mentee program. Dan is married with two children.