N-400 Naturalization Process

N-400 Naturalization Process

Many clients ask about the primary advantages of obtaining U.S. citizenship. While some choose to become U.S. nationals for patriotic reasons, others feel compelled by more practical concerns such as security or the ability to vote.

Reasons Why Individuals Become a U.S. Citizen

Whatever the reason, most individuals who wish to become U.S. citizens need to qualify under the N-400 naturalization process.

While the naturalization process can be straightforward, there are issues that could pose a problem. The most common include long periods of stay outside of the U.S. or problems with the law that could affect one's "good moral character". Prior criminal offenses are particularly problematic because they not only could lead to a denial of the naturalization application, but they could also place the individual in removal proceedings with no recourse for relief.

N-400 Naturalization FAQs

New Naturalization Test

In the interest of creating a more standardized, fair, and meaningful naturalization process, U.S. Citizenship and Immigration Services (USCIS) recently completed a multi-year redesign of the naturalization test. The major aim of the redesign process is to ensure that naturalization applicants have uniform, consistent testing experiences nationwide, and that the civics test can effectively assess whether applicants have a meaningful understanding of U.S. government and history.

The resulting redesigned test was publicly introduced on September 27, 2007. Naturalization applicants will begin taking the revised test on October 1, 2008. The following guidelines will determine whether naturalization applicants will take the current test or the redesigned version:

If an applicant:

Applies BEFORE October 1, 2008 and is scheduled for his or her naturalization interview BEFORE October 1, 2008, he or she will take the current test.
Applies BEFORE October 1, 2008 and is scheduled for his or her naturalization interview AFTER October 1, 2008, he or she can choose to take the current test or the redesigned version.
Applies AFTER October 1, 2008, he or she will take the redesigned version.
Is scheduled for his or her naturalization interview AFTER October 1, 2009, regardless of when he or she applied, he or she will take the redesigned version.

Information and materials on the new naturalization test.

Criteria

The applicant must be a Lawful Permanent Resident (LPR). See INA § 318. He/she must be 18 years old, INA § 334(b), although this age requirement is waived due to military service pursuant to INA § 329. If a person has honorably served in time of war or declared hostility, LPR status as a precondition is unnecessary if enlistment occurred in the US or outlying possessions or on a US vessel. INA § 329. Posthumous citizenship may also be granted through death if a person honorably served in a time of war or declared hostility, provided that person enlisted, as above, or was admitted as an LPR after enlisting. INA § 329A. (See Naturalization Through Military Service)

The applicant must be a resident continuously for 5 years immediately preceding the date of filing the application. See INA § 316(a). Under INA §101(a)(33), residence is defined as a place of abode, which means the actual dwelling place in fact, without regard to intent. The concept of domicile, which considers intent rather than where the applicant actually lives, is not relevant. Continuous residence does not mean that an applicant cannot be absent from the United States. 8 C.F.R. § 316.5(c)(1)(i) states that an absence of more than six months and less than a year shall disrupt continuity of residence for purposes of naturalization, unless the applicant can establish that he/she did not terminate his or her employment in the US, the applicant’s immediate family remained in the US, the applicant retained full access to his or her US abode, or the applicant did not obtain employment while abroad.

If the applicant is married to a U.S. citizen (USC), the residency requirement is reduced to 3 years if the spouse has been a USC for 3 years and the parties have been living in “marital union” at the time of filing the application for three years. See INA §319(a). The regulations, however, require the three years of “marital union” preceding the date of examination on the application, which goes beyond the filing date. 8 C.F.R. § 319.1(a)(3). Divorce, legal separation, expatriation or death would break the “marital union” requirement. 8 C.F.R. § 319.1(b)(2)(i).

The applicant must have resided at least three months within the state in which the petition is filed. See INA §§ 316(a)(1), 319(a).

The applicant must not be absent from the U.S. for a continuous period of more than one year during the periods for which continuous residence is required. See INA § 316, 8 C.F.R. § 316.5(c)(1)(ii). If there has been an absence of one or more years, it would break the continuity of residence and wipe the slate clean. If the applicant did not obtain a reentry permit to remain outside the U.S. for more than one year, he or she would also not be able to use the alien resident card to travel back to the U.S. If a person has broken the continuity of residence, he or she could only apply 4 years and 1 day following the date of his or her return to the U.S. to resume residency. If the statutory period is 3 years, then it is 2 years and 1 day following his or her return. 8 C.F.R. § 316.5(c)(1)(ii). As noted, an absence of more than six months but less than one year during the periods for which continuous residence is required establishes a presumption against compliance with the continuous residency requirement.

The applicant must be a person of good moral character for the requisite five years. In the case of a spouse married to a USC, the period for demonstrating good moral character is three years. The applicant must maintain good moral character up to the time of admission to citizenship. See INA §§ 316(a)(3), 319(a)(1).

Every male USC or LPR resident (except those on nonimmigrant visas) must register for selective service between 18 and 26 years of age. Failure to comply with this selective service registration requirement is a ground for denial based on a lack of good moral character if the person knowingly or willfully failed to register.

The applicant must be attached to the principles of the Constitution and be well disposed to the good order and happiness of the U.S. See INA § 316(a)(3).

The applicant must be willing to “(A) bear arms on behalf of the U.S. when required by law, or B) to perform noncombat service in the Armed Forces of the United States when required by law, or C) to perform work of national importance under civilian direction when required by the law.” See INA § 337(a)(5)(A)-(C). A person may oppose to bear arms based on “religious training and belief.” This term, according to INA § 337(a)(C), means “an individual’s belief in relation to a Supreme Being involving duties superior to those arising from any human relation, but does not include essentially political, sociological, or philosophical views or a merely personal moral code.”

The applicant must not be a subversive (INA § 313, 316(f)); member of the communist party (INA § 313(a)), unless it was involuntary or otherwise excusable under INA § 313(d)); convicted deserter (INA § 314); an alien who has removal proceedings pending or an outstanding order of deportation, (INA § 318); or an alien who has applied for and received relief from the Selective Service System based on his alien age (INA § 315(a)).

The applicant must demonstrate an elementary level of reading, writing and understanding of the English language. See INA § 312(a)(1). The applicant must also demonstrate a knowledge and understanding of the fundamentals of the history and government of the U.S. INA § 312(a)(2). The English language requirement shall not apply to (1) persons who are over 50 and living in the U.S. for 20 years subsequent to LPR status; or (2) persons who are over 55 years of age and living in U.S. for 15 years subsequent to LPR status. INA § 312(b)(2)(A) & (B). The USCIS will also give special consideration to persons over 65 with 20 years as an LPR with respect to their knowledge of history and government. INA § 212(b)(3). Furthermore, the English language and history/government requirements are waived for persons who are unable to comply because they posses a physical or developmental disability or mental impairment. INA § 312(a)(2). The oath requirement has recently been waived for people who cannot comprehend it because of a physical or developmental disability or a mental impairment. INA § 337(a)(5).