Do you need an attorney?

No, applicants are not required to have an attorney to file Form N-400 or to attend the naturalization interview, but legal representation is available and can be helpful in complex cases. USCIS does not appoint or provide attorneys to applicants; representation is optional and at the applicant's expense. Applicants who choose to be represented can hire a licensed attorney admitted to the bar of any state or the District of Columbia, or work with an accredited representative authorized by the Board of Immigration Appeals (BIA) at a recognized nonprofit organization, under 8 CFR sections 1292.1 and 1292.2.

The representative files Form G-28 (Notice of Entry of Appearance as Attorney or Accredited Representative) with USCIS, after which all USCIS notices are sent to both the applicant and the representative, and the representative can attend the interview and speak on the applicant's behalf on procedural matters (the applicant must answer substantive questions personally and under oath). Most naturalization cases are straightforward and can be filed without an attorney; the USCIS website provides clear instructions, free study materials, and step-by-step guidance, and many community organizations offer free or low-cost preparation classes.

Applicants who should strongly consider legal representation include those with criminal records (any arrest, citation, or conviction even if expunged or sealed), those with extended absences from the United States that may have broken continuous residence, those with prior immigration violations or removal proceedings, those whose marriage to a U.S. citizen has been questioned by USCIS in any prior proceeding, those who failed to register for selective service when required, those who claim a religious or conscientious objection to bearing arms, those seeking a Form N-648 disability waiver in a contested case, and those whose application has previously been denied.

Free or low-cost legal services are available from BIA-accredited nonprofit organizations such as Catholic Charities, Lutheran Immigration and Refugee Service, the International Rescue Committee, local immigration legal services organizations, and law school immigration clinics. The USCIS website at uscis.gov/findlegalservices provides a directory of free and low-cost services. Applicants should be aware of fraud: only licensed attorneys and BIA-accredited representatives are authorized to provide legal advice; notarios, immigration consultants, and travel agencies are generally not authorized and may engage in unauthorized practice of law that harms applicants.