Form N-400 is the application most green card holders use to become naturalized U.S. citizens. Many people successfully file it on their own, but that does not mean everyone should. This guide walks you through when a lawyer is truly optional, when legal help is strongly recommended, and how an immigration attorney can protect you during the naturalization process.
What Is Form N-400 and What Does It Do?
Form N-400, Application for Naturalization, is the form you file with U.S. Citizenship and Immigration Services (USCIS) when you want to become a U.S. citizen after having a green card. In this form, USCIS reviews your entire immigration history, your time living in the U.S., your travel, your family and work background, and your criminal and tax records to decide if you meet all naturalization requirements.
To qualify, most applicants must show:
- A valid basis for eligibility (for example, 5 years as a permanent resident, 3 years married to a U.S. citizen, or certain military service).
- Continuous residence and sufficient physical presence in the U.S.
- Good moral character for the required period.
- Willingness to take the Oath of Allegiance and support the U.S. Constitution.
Because the N-400 looks closely at your past, even small issues can matter and may be worth discussing with a lawyer before you apply.
Are You Required to Have a Lawyer for N-400?
You are not legally required to hire a lawyer to prepare, file, or attend your Form N-400 naturalization interview. USCIS allows “pro se” applicants, which means you can represent yourself throughout the process.
Many people with simple, straightforward cases file on their own using the official instructions and reputable community resources. If your history is clean and you are comfortable working in English with official forms, you may be able to complete the process without an attorney.
When Filing N-400 Without a Lawyer May Be Fine
For some applicants, hiring a lawyer is a preference rather than a necessity. Filing on your own may be acceptable if most or all of the following are true:
- You obtained your green card in a straightforward way with no issues or prior denials.
- You have no arrests, citations that raise concerns, or criminal charges of any kind.
- You have filed your tax returns properly and do not owe unpaid taxes or have complicated tax problems.
- Your trips outside the U.S. have been short and infrequent, and you clearly meet the continuous residence and physical presence rules.
- Your marriage and family situation is simple: one current marriage, no complex history, no allegations of fraud, and no pending divorce in a marriage-based case.
- You have never had immigration violations, such as entering without inspection, misrepresentation, fraud, or removal (deportation) proceedings.
- You feel confident in your English reading and writing skills and comfortable preparing government forms.
In these low-risk situations, applicants often decide that saving legal fees and managing the process themselves makes sense. That said, even if your case is simple, a one-time consultation with a lawyer can be a good safety check before you file.
Risks of Filing N-400 on Your Own
Filing without a lawyer is allowed, but it does come with risks, especially if there are hidden issues in your history. Common problems when people self-file include:
- Misunderstanding “yes/no” questions, especially those about arrests, citations, immigration violations, organizations, and military or security-related topics.
- Failing to disclose something that must be disclosed, such as old arrests, dismissed charges, or long trips abroad, because the applicant assumes they “don’t count” anymore.
- Leaving out required information or supporting documents, which leads to delays, Requests for Evidence (RFEs), or denials.
- Giving inconsistent information compared to prior applications (for example, different dates, addresses, or job history than what you listed on your green card forms).
In the worst cases, information disclosed on the N-400 can alert USCIS to problems serious enough to trigger not just a denial, but also potential removal proceedings. This is why it is so important to evaluate your situation honestly before deciding to proceed without a lawyer.
Situations Where You Should Strongly Consider a Lawyer
There are certain “red flag” scenarios where getting legal advice before filing is highly recommended. A lawyer is especially important if any of the following apply to you:
- Criminal history of any kind
- Arrests, charges, or convictions, even if they were dismissed, expunged, or happened many years ago.
- DUIs or DWIs, domestic disputes, theft or fraud offenses, drug-related offenses, or any crime that might be considered a crime involving moral turpitude.
- Travel and residence issues
- Long trips outside the U.S. after getting your green card, especially trips of 6 months or more.
- Living outside the U.S. for extended periods or frequent long absences that may break continuous residence or physical presence requirements.
- Prior immigration problems
- Past findings or fears of misrepresentation or fraud.
- Status gaps, unauthorized employment, or entering the U.S. without proper inspection.
- Prior USCIS denials, removal (deportation) orders, voluntary departure, or immigration court cases.
- Complicated marriage and family history
- Multiple prior marriages, especially if you previously filed or were part of marriage-based cases.
- Current marital separation, pending divorce, or questions about whether your marriage is genuine in a 3-year citizenship case.
- Tax and financial issues
- Unpaid taxes, payment plans with the IRS or state, or failure to file required tax returns for any year.
- Child support or other support obligations that are not current.
- Disability or special accommodations
- Physical, developmental, or mental impairments that affect your ability to meet English or civics requirements or to fully understand the oath.
- Need for a medical certification (such as Form N-648) or a legal guardian or representative.
- Military, security, or sensitive employment
- Past or present military service, selective service issues, or work in law enforcement, intelligence, or other sensitive roles where small mistakes can have bigger consequences.
If you recognize yourself in any of these categories, getting professional advice before you apply can prevent serious problems and help you decide whether to file, wait, or resolve issues first.
How an Immigration Lawyer Helps With N-400
An experienced naturalization lawyer does more than just fill out a form. Key ways an attorney adds value include:
- Pre-filing eligibility and risk assessment
- Reviewing your entire immigration, criminal, travel, and tax history to confirm you truly qualify.
- Identifying red flags that might put your green card or future citizenship at risk and advising you on the safest timing and strategy.
- Careful preparation of the application
- Completing Form N-400 accurately and consistently with your prior immigration filings.
- Organizing supporting documents and drafting clear written explanations for any criminal, travel, marital, or tax issues.
- Interview and test preparation
- Explaining what to expect at the interview, including typical questions and how to answer truthfully and clearly.
- Helping you understand how the officer may view your specific issues and preparing you for follow-up questions.
- Representation at the interview and beyond
- Attending your USCIS interview (where allowed) to observe, clarify legal issues, and protect your rights.
- Advising on next steps if you receive an RFE, Notice of Intent to Deny (NOID), or denial, including appeal or refiling options.
For applicants with any complexity in their history, this combination of strategy, preparation, and representation can significantly reduce stress and risk.
Lawyer vs. Do-It-Yourself: Pros and Cons
There is no single “right” approach for everyone. Here is a balanced way to look at it:
Pros of hiring a lawyer:
- Professional review of your entire case, including issues you might not realize are important.
- Lower risk of mistakes, omissions, or inconsistent answers that can delay or harm your application.
- Strategic advice on timing (for example, waiting to file until a risk period has passed or a problem is fixed).
- Guidance and support during the interview and any follow-up. Check
Pros of filing on your own:
- Cost savings, which can be significant depending on attorney fees and your location.
- Direct control over every step of the process.
- Potentially sufficient for very clean, low-risk cases when you are comfortable with forms and English.
The key is honestly assessing your risk level. If there is any doubt, a consultation with a naturalization attorney can help you decide whether full representation is worth the investment.
What to Expect When You Hire a Naturalization Lawyer
While every firm is different, the process typically looks something like this:
- Initial consultation
- The lawyer reviews your green card history, travel, employment and residence timeline, criminal and traffic records, tax compliance, and marital history.
- You discuss your goals, any concerns, and whether now is the right time to apply.
- Case strategy and preparation
- The attorney advises whether to proceed immediately, wait, or address certain issues first (for example, cleaning up tax problems or obtaining certified court records).
- Your lawyer prepares or reviews your N-400, organizes the supporting documents, and drafts explanations where needed.
- Filing, monitoring, and interview support
- The firm files your application or reviews your online filing, monitors case status, and responds to USCIS notices.
- Before the interview, your lawyer conducts a prep session so you know what to expect and how to respond clearly and honestly.
- If you choose, the attorney can attend your interview and advise you afterward about any follow-up, including RFEs, NOIDs, denials, or an N-336 request for a hearing.
Attorney fees vary based on location, complexity, and the level of service (limited review versus full representation). Many lawyers offer flat-fee naturalization packages so you know your costs up front.
Questions to Ask Before Hiring an N-400 Lawyer
Choosing the right lawyer matters. Before you decide, consider asking:
- How much of your practice focuses on immigration and naturalization cases?
- How many N-400 cases do you handle each year?
- Have you handled cases involving issues like mine (for example, DUIs, long trips abroad, tax problems, old deportation orders)?
- What exactly is included in your fee?
- Preparation and filing of the N-400?
- Interview preparation and attendance?
- Responses to RFEs or NOIDs?
- Assistance with appeals or motions if something goes wrong?
- How will we communicate (email, phone, online portal) and how quickly do you usually respond?
- Do you offer flat fees, payment plans, or limited-scope services if I only need help with certain parts?
Clear answers to these questions will help you find a lawyer who is a good fit for your needs and budget.
Practical Tips If You Decide to File N-400 Without a Lawyer
If you choose to file on your own, you can still take steps to protect yourself and improve your chances of success:
- Study the official materials carefully
- Read the latest USCIS N-400 form instructions and naturalization policy guidance.
- Make sure you meet the eligibility requirements before you submit the application.
- Get organized before you file
- Collect all required documents, such as your green card, passports, travel records, tax transcripts, and court or police records if you have ever been cited or arrested.
- Keep copies of every form and document you submit, as well as all USCIS notices you receive.
- Be completely honest and consistent
- Answer every question fully and truthfully, even if you are worried an answer might hurt your case.
- Ensure that dates, addresses, jobs, and family information match your prior immigration filings as much as possible, or be ready to explain differences.
- Use reputable help
- Rely only on trusted sources, such as official government guidance and recognized nonprofit organizations or legal clinics.
- Avoid unlicensed “notarios” or unqualified preparers who are not authorized to give legal advice.
- Consider at least a one-time consultation
- Even if you plan to handle most of the process yourself, paying for a single strategy session with a qualified immigration lawyer can help you spot risks and correct mistakes before you file.
How Our Law Firm Can Help
Naturalization should be an exciting milestone, not a source of anxiety. Whether your case is simple or complicated, a thoughtful strategy can make a big difference in your experience and outcome.
Our firm helps green card holders:
- Evaluate their eligibility and identify any risks before filing Form N-400.
- Prepare accurate, well-documented applications that address criminal, travel, tax, or marital issues up front.
- Get ready for the interview and, when requested, have an attorney present to support them and protect their rights.
If you are unsure whether you really need a lawyer to file your N-400, consider scheduling a consultation. A short conversation with an experienced naturalization attorney can give you the clarity you need to decide whether to proceed on your own or with full legal representation.
