How to Assess Eligibility, Prepare and Submit the N-400

The USCIS Form N-400, also known as the Application for Naturalization, is the form that allows green card holders to apply for U.S. citizenship. This guide will take you step-by-step through the process, explaining each part of the application, the requirements, and how to avoid common mistakes. It will also cover what to expect during the naturalization interview.

What is Form N-400?

USCIS Form N-400 is the official form used to apply for U.S. citizenship through naturalization. Completing and submitting this form to USCIS is the first step in becoming a U.S. citizen. To qualify, you need to meet certain eligibility requirements, such as being a lawful permanent resident (green card holder) for a specific period.

Key Takeaways

• Processing Time: The average time to get your N-400 approved is between 4 to 8 months as of November, 2024.
• Filing Fee: The fee for filing Form N-400 is $760 as of April 1, 2024.
• New Updates: The form has been updated to include a third gender option, “X,” (defined as “Another Gender Identity”), the first USCIS form to have a gender option other than “Male (M)” and “Female (F).
• Biometrics Appointment: A biometrics appointment is a required step in the naturalization process, where your fingerprints, photograph, and signature are collected. This can affect the overall timeline for processing your Form N-400.

Automatic 24-Month Green Card Extension for N-400 Applicants

Starting December 12, 2022, USCIS has implemented a new policy that benefits those applying for U.S. citizenship. When you file Form N-400 (Application for Naturalization), USCIS will automatically extend the validity of your Permanent Resident Card (Green Card) by 24 months. This extension is crucial if your Green Card is about to expire or has already expired while your N-400 application is being processed.

How It Works:

• Receipt Notice as Proof: Once you submit your N-400, USCIS will send you a receipt notice (Form I-797). This notice will state that your Green Card’s validity is automatically extended for 24 months from its original expiration date.
• No Need for Form I-90: You do not need to file Form I-90 to renew your green card while your N-400 is pending, saving you time and money.
• Valid for Employment and Travel: The receipt notice, along with your expired green card, serves as valid proof of your lawful permanent resident (LPR) status. This combination is also accepted for employment verification under List A of Form I-9.

Why This Matters:

• Simplifies the Process: This change reduces the need for in-person ADIT stamp appointments at USCIS offices.
• Speeds Up Processing: Fewer I-90 filings allow USCIS to focus resources on other immigration benefits, speeding up processing times.
• Responds to Public Concerns: This policy addresses public feedback about the long processing times for naturalization.

Background

• Before this update, applicants had to either file Form I-90 or ensure they applied for naturalization at least six months before their green card expired to maintain valid LPR status. This new policy streamlines the process, providing peace of mind and avoiding the extra step of renewing your green card separately.

• Lost Green Card: If your Green Card is lost, you are still required to file Form I-90, Application to Replace Permanent Resident Card, even if you have a receipt notice extending its validity.
• Lost Receipt Notice: If your N-400 receipt notice is lost or destroyed, filing Form I-90 is generally necessary to renew your Green Card.

Practical Tips

• Always keep copies of your receipt notice and other important documents.
• Carry both your Green Card and receipt notice to avoid issues when traveling or proving your status.

Eligibility Requirements for Filing N-400

General Eligibility Requirements

To apply for naturalization, you must meet several key eligibility criteria. Here are the main requirements:

1. Age: You must be at least 18 years old when filing.
2. Lawful Permanent Residency: Hold lawful permanent resident (LPR) status for at least 5 years (or 3 years if married to a U.S. citizen).
3. Continuous Residence: Live continuously in the U.S. for at least 5 years (or 3 years for spouses of U.S. citizens).
4. Physical Presence: Spend at least 30 months (913 days) physically in the U.S. during the 5 years before filing.
5. Residence in USCIS District: Reside in your state or USCIS district for at least 3 months prior to filing.
6. Good Moral Character: Demonstrate good moral character during the review period.
7. Attachment to Constitutional Principles: Show an attachment to the principles of the U.S. Constitution.
8. English and Civics Knowledge: Pass tests on English language proficiency and U.S. history/government (with some exceptions).
   • You may qualify for an exception to the English and civics tests if:
     • You have a physical or developmental disability or mental impairment lasting 12 months or more.
     • You are 50+ years old with 20 years as an LPR.
     • You are 55+ years old with 15 years as an LPR.
9. Oath of Allegiance: Be willing to pledge allegiance to the United States.

Additional Considerations:

• Some applicants, such as members of the U.S. military or their spouses, may qualify for expedited naturalization.
• Exceptions to continuous residence and physical presence requirements exist for certain individuals employed abroad by the U.S. government or certain organizations.

For specific scenarios and exceptions, consult the Naturalization Eligibility Tool.

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Early Filing Options

If you meet the criteria for naturalization, you may file Form N-400 up to 90 days early in certain situations:

• General Rule: If you’re a green card holder, you usually need to have been a lawful permanent resident for at least 5 years before applying for citizenship.
• Married to a U.S. Citizen? You only need 3 years of residency if you’re married to a U.S. citizen. On average, applicants wait 7 years of marriage before applying for citizenship.

Important Notes:

• Ensure all other requirements, including continuous residence, are met at the time of filing. Filing too early without meeting eligibility criteria may result in rejection or denial.
• Use the USCIS Early Filing Calculator to confirm timing.
• If filing based on marriage, you must still meet all conditions related to your marital status and LPR period.

Ineligibility

• You cannot file Form N-400 if you haven’t met the naturalization requirements.
• If you gained citizenship automatically through a U.S. citizen parent or are a child of a U.S. citizen living abroad, Form N-400 is not for you.

Understanding the USCIS Early Filing Calculator for Naturalization Applications

If you are considering applying for U.S. citizenship through naturalization, understanding the early filing rules is crucial. The USCIS Early Filing Calculator is a valuable tool to help ensure that you submit your Form N-400, Application for Naturalization, at the correct time. Filing too early could result in the denial of your application, so let’s break down the key information and steps involved.

What Is the USCIS Early Filing Calculator?

The USCIS Early Filing Calculator helps applicants determine when they can file their naturalization application under specific conditions. It calculates the earliest possible filing date based on the continuous residence requirement for lawful permanent residents. This tool helps ensure naturalization eligibility by confirming the correct filing date.

This information applies to applicants filing under:

• Section 319(a) of the Immigration and Nationality Act (INA) (3-year residency requirement for spouses of U.S. citizens).
• Section 316(a) of the INA (5-year residency requirement for other lawful permanent residents).

Important: While the early filing provision allows applicants to submit their Form N-400 up to 90 days before meeting the residency requirement, all other eligibility criteria must be satisfied at the time of filing.

Who Can File Early?

Eligibility Based on Residency Requirements

You may be eligible to file early if you meet one of the following conditions:

• Permanent resident for at least 5 years:
• You have held lawful permanent resident (LPR) status for 5 years.
• Permanent resident for at least 3 years and married to a U.S. citizen:
• You have maintained LPR status for 3 years and meet the additional criteria for spouses of U.S. citizens, such as living in marital union.

How to Determine Your Early Filing Date

Step-by-Step Guide

1. Identify Your Residency Start Date:

• Locate the “Resident Since” date on your Permanent Resident Card (Green Card).

2. Calculate Your 5-Year or 3-Year Anniversary:

• Add 5 years (or 3 years for spouses of U.S. citizens) to the “Resident Since” date.
• For example, if your Green Card states “July 4, 2017,”:
• 5-year residency requirement: You meet it on July 4, 2022.
• 3-year residency requirement (if applicable): You meet it on July 4, 2020.

3. Subtract 90 Days:

• Count backward 90 calendar days from your 5-year or 3-year anniversary.
• Using the same example, if your 5-year anniversary is July 4, 2022, you can apply as early as April 5, 2022.

4. Verify with the USCIS Early Filing Calculator:

• To avoid mistakes, use the USCIS Early Filing Calculator available on their official website. Input your “Resident Since” date to confirm the earliest filing date.

Key Reminder

• Filing more than 90 days early will result in the denial of your application.

Examples of Filing Dates

To better illustrate the process, here are some examples:

• Example 1:
• Green Card Date: April 28, 2018
• 5-Year Anniversary: April 28, 2023
• Earliest Filing Date: January 28, 2023
•  
• Example 2:
• Green Card Date: December 15, 2019
• 3-Year Anniversary (Spouse of U.S. Citizen): December 15, 2022
• Earliest Filing Date: September 16, 2022

Continuous Residence Requirements

Maintaining continuous residence is a key criterion for naturalization. “Continuous residence” means not being absent from the U.S. for an extended period without approval.

General Rules:

• Five-Year Requirement: Applicants must maintain continuous residence for at least five years as lawful permanent residents.
• Three-Year Requirement: Applies to spouses of U.S. citizens or those applying under VAWA provisions.

Travel Considerations:

• Absences longer than one year without approval break continuous residence.
• Absences between six months and one year require evidence to prove residence continuity was maintained.

Factors Supporting Continuous Residence:

• Continued employment in the U.S. or no foreign employment.
• Immediate family remained in the U.S. during your absence.
• Maintained access to a home residence in the U.S.

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Required Evidence for Continuous Residence

If you had trips lasting more than six months but less than one year, provide the following:

• IRS tax transcripts for the last five years (or three years if applying as a spouse).
• Rent or mortgage statements.
• Bank or credit card statements showing regular transactions.
• Proof of car registration and insurance.
• Passport stamps showing entry and exit.
• Additional documents demonstrating U.S. residence.

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Special Provisions for Employment and Residence

Certain types of employment or vocations allow for preserving continuous residence while abroad:

Eligible Situations:

• Employment with the U.S. government, American research institutions, or qualified American firms.
• Work with public international organizations or nonprofit organizations promoting U.S. interests.
• Religious vocations or security-related roles with the U.S. armed forces or Department of State.

Preservation Through Form N-470:
Applicants must file Form N-470 to preserve residence for absences exceeding one year while in qualified employment.

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Physical Presence Requirements

Applicants must meet the physical presence requirements by spending a specified number of days in the U.S. during the continuous residence period:

Key Thresholds:

• General Provision (5-Year Rule): 30 months (913 days) within the last five years.
• Spouse of U.S. Citizen (3-Year Rule): 18 months (548 days) within the last three years.

Exemptions:
No physical presence requirement for:

• Active-duty service members or recently separated military personnel.
• Spouses of U.S. citizens employed abroad in religious or qualifying government roles.

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Residency in a USCIS District

Applicants must reside in the same USCIS district or state for at least three months before filing Form N-400. Students may apply in the district where they attend school or where their parents reside if they are financially dependent.

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Tax Documentation

Bring IRS tax transcripts to the naturalization interview, especially if you had absences exceeding six months. These documents are critical in demonstrating continuous residence and compliance with U.S. laws.

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Additional Notes

• Reentry Permits: Approval and use of a reentry permit or refugee travel document does not automatically preserve continuous residence.
• Spouses Abroad: Special considerations apply to spouses of U.S. citizens employed abroad, including exemptions from residence and physical presence requirements.

By following these guidelines and preparing the required evidence, applicants can confidently navigate the naturalization process and ensure a complete and accurate submission of Form N-400.

Requirements for LPR Status

General Requirements:

• You must demonstrate:
  1. Lawful Admission: Prove you were admitted as a lawful permanent resident.
  2. No Abandonment: Ensure you haven’t abandoned your LPR status by showing intent to permanently reside in the U.S.

Time as an LPR:

• 5-Year Rule: Most applicants must hold LPR status for at least 5 years before applying.
• Exceptions:
  • Spouses of U.S. citizens (3 years of LPR status required).
  • Members of the U.S. armed forces.
  • VAWA (Violence Against Women Act) applicants.

N-400 Timeline: The Naturalization Process

How Long Does the Naturalization Process Take?

• Processing Times: The average time to get your N-400 approved is between 4 to 10 months, depending on the local USCIS office handling your case. USCIS has made naturalization a priority, cutting processing times in half since 2019. However, the exact time depends on the USCIS office handling your case, some applicants are eligible to start the process early (see “Filing Early” below). The final step in the process is the naturalization ceremony.

When Can You Apply for Citizenship?

The 90-Day Early Filing Rule

• What is It? If you’ve held your green card for the required 3 or 5 years, you can apply for naturalization up to 90 days before meeting the continuous residency requirement.

How to Calculate:

1. Find Your Green Card Date: Look at the issue date on your green card.
2. Add the Required Wait Period: Add 3 or 5 years (depending on your eligibility) to the issue date.
3. Subtract 90 Days: This is the earliest date you can file your N-400.

Example:

• Green Card Date: January 1, 2013
• 5-Year Wait Period: January 1, 2018
• Earliest Filing Date: October 3, 2017

USCIS has a calculator to help you calculate your 90-day early filing date. Just enter the date that is 3 or 5 years from the date on your Permanent Resident Card.

Important Note: Filing early doesn’t mean you’ll become a citizen sooner. You still have to meet the full residency requirement before your citizenship is granted.

N-400 Application Fee

N-400, Application for Naturalization

• General Filing Fees:
• Paper Filing: $760 (includes $85 biometric services fee)
• Online Filing: $710 (includes $85 biometric services fee)
• Reduced Fee (Income-Based): $380 (available only for paper filing if household income is at or below 400% of Federal Poverty Guidelines).
• Military Service Applicants (INA Sections 328/329): $0 (for both paper and online filing). If the fee is listed as $0, you do not need to file Form I-912 (Request for Fee Waiver) or formally request an exemption
• Fee Waivers: Certain applicants may qualify by submitting Form I-912 with appropriate documentation. Note: Online filing is not available if requesting a waiver or reduced fee.

Use the USCIS Fee Calculator to determine your exact filing fee.

How to Find the Filing Fee

• Visit the USCIS Fee Schedule page to find the most current filing fee for Form N-400.
• Use the Fee Calculator available on the same page to confirm the exact amount for your circumstances.

Accepted Payment Methods

Paper (Mail-In) Submissions

If you are submitting your Form N-400 by mail, you can pay the fee using:

• Money Order
• Personal Check
• Cashier’s Check
• Credit Card or Debit Card (using Form G-1450, Authorization for Credit Card Transactions)

Payment Instructions

• Checks: Make checks payable to “U.S. Department of Homeland Security”. Do not abbreviate (e.g., avoid using “DHS”).
• Credit/Debit Cards: Complete and include Form G-1450 for card transactions.

Important Payment Policies

Final and Non-Refundable

• Filing fees are non-refundable, even if:
• USCIS denies your application.
• You withdraw your application.
• Other administrative actions are taken on your request.
• Credit/Debit Card Payments: Once processed, payments cannot be disputed or reversed.

Submitting Multiple Forms

• Separate Payments Required: If submitting multiple forms in one package, ensure you pay each filing fee separately.
• Why Separate Payments? USCIS uses multiple systems to process applications. Submitting a combined payment may result in the rejection of your entire package.

Electronic Processing Transition

• USCIS is transitioning to electronic processing for many immigration benefit requests.
• This new system aims to improve efficiency but requires adherence to strict payment guidelines.
• Follow all instructions carefully to avoid delays or rejections.

Filing Instructions Based on Payment Type

1. If You Are Paying the Full Filing Fee

• Steps to Complete:
  1. Select “No” in Part 10, Item Number 1 of Form N-400.
  2. Skip the remainder of Part 10 and proceed to Part 11.
  3. Submit the filing fee:
     • Paper Filing: Pay $760.
     • Online Filing: Pay $710.

2. If You Are Requesting a Reduced Fee

• Steps to Complete:
  1. Select “Yes” in Part 10, Item Number 1.
  2. Complete all questions in Part 10 to provide information about your eligibility for a reduced fee.
  3. Submit:
     • A payment of $380.
     • Documentation proving your eligibility for the reduced fee, such as income-related evidence.

3. If You Are Requesting a Fee Waiver

• Steps to Complete:
  1. Skip Part 10, Item Number 1 entirely.
  2. Do not include any payment.
  3. Submit a completed Form I-912, Request for Fee Waiver, or a written request explaining your financial situation.
  4. Include documentation supporting your fee waiver request, such as proof of financial hardship or government assistance.

In addition to appliation fees, you may also choose to pay for additional services like application assistance, translation services, photocopying, mailing and potential reapplication fees if your application is denied.

Documents Required for N-400

When applying for U.S. citizenship, you’ll need to gather and submit several important documents:

1. Proof of Residency

• Green Card: Photocopy both sides of your Permanent Resident Card (Form I-551). If any of your documents are in a foreign language, include a certified English translation.
• Lost Green Card? Apply for a replacement green card by filing Form I-90 online or by mail. After filing, you’ll receive a receipt notice (Form I-797), which temporarily serves as proof of your permanent resident status while your new card is being processed.

2. Payment

• Filing Fee: The fee for the N-400 is $760, or $710 if filing online, as of April 1, 2024. Payment can be made by check, money order, or Form G-1450 (Credit Card Authorization).

3. Photographs

• For Applicants Outside the U.S.: Two identical color photos following USCIS guidelines, with your name and A-Number lightly written on the back.

4. Additional Documents (If Applicable)

• Name Change: If your name is different from the one on your green card, provide documents such as your marriage certificate, divorce decree or court documents showing the name change.
• Married to a U.S. Citizen: Include evidence of your marital status (your marriage certificate) and your current spouse US citizenship (birth certificate), divorce papers, annulment papers or death certificates if previously married and documents related to you and your current spouse (e.g. joint tax returns, bank statements).
• Military Service: Summit Form N-426 if filing based on served military duty (but you must first register with the Selective Service)
• Extended Absence from the U.S.: If you’ve been outside the US for 6 months or more, provide evidence of maintained ties to the US, like tax returns or mortgage payments.
• Medical Certification for Disability Exceptions: Use Form N-648 if you’re requesting a disability exception for the citizenship test due to a qualifying medical condition.
• Child Support: Submit your history of paying child support and spousal support (often called alimony).

Tip: Even if you don’t have all the required documents, start by filling out the N-400 and gather what you can. If filing online, upload digital copies of your documents to your USCIS account.

Applicants with disabilities that prevent them from completing the naturalization process may have a legal guardian, surrogate or designated representative assist them. A court order granting authority over the applicant’s affairs is required.

PRO TIP: Those with criminal convictions, with extended absences from the U.S., or with any suspected grounds of inelibility such as unlawfully registering to vote, not timely paying taxes or child support, should consult with an experienced immigraiton attorney BEFORE filing the N-400.

Step-by-Step Guide to the N-400 Naturalization Application Process

1. Review Eligibility Requirements: Ensure you meet the basic criteria: age (18+), residency (5 years or 3 years if married to a U.S. citizen), good moral character, and other specific requirements.

2. Gather Supporting Documents: Visit the USCIS website to check the exact documents you’ll need based on your situation. Make sure to collect everything before you start filling out the form.

• Include all required documentation, such as:
  • Proof of eligibility for fee waivers or reduced fees (if applicable).
  • Copies of green cards or other immigration documents.
  • Evidence of continuous residence and physical presence in the U.S., if requested.

3. Fill Out Form N-400: Be thorough and accurate. Being thorough and accurate is crucial for a successful naturalization application. Mistakes can cause serious processing delays or even denials. Access the form:

• Download Form N-400 for free from the USCIS website.
• Use the latest version of Adobe Reader to view, print, or complete the form. You can download it at http://get.adobe.com/reader/.

4. Review Before Submission

• Double-check all sections of your Form N-400 for accuracy and completeness.
• Ensure all necessary documentation is included to avoid delays.

5. Sign Your Form

• Important: Unsigned forms will be rejected. Make sure to sign your application before submitting it.
• Handwritten Signature: Every application must have a valid, handwritten signature. Stamped or typewritten signatures are not accepted.
• Parents or legal guardians can sign for applicants under 14 years old.
• A legal representative may sign for individuals unable to understand or communicate the Oath of Allegiance due to disabilities.
• Photocopied, faxed, or scanned copies of original handwritten signatures are acceptable for filing.

6. Submit Your Application: You can file online through the USCIS website or by mail. Online filing is faster and provides immediate confirmation of receipt. Mailing Your Application

• Use the correct address as indicated on the USCIS website to avoid misdelivery.
• Consider using certified mail or a courier service to track your application. Filing Forms Online
• Create a USCIS online account if you are filing electronically.
• Review USCIS’s online filing guidelines to ensure a smooth submission process.

Pros and Cons of Filing Your N-400 Application Online vs. By Mail

5. Attend Biometrics Appointment: After submitting your application, USCIS will schedule an appointment for you to provide fingerprints and photos.

6. Prepare for USCIS Interview and Civics Test: You’ll be invited to an interview where a USCIS officer will review your application and test your knowledge of U.S. history and government. This includes the naturalization test. Visit USCIS Citizenship Resource Center for study materials on the English and civics requirements.

7. Receive USCIS Decision: USCIS will notify you of their decision. If approved, you’ll attend a formal oath ceremony to become a U.S. citizen.

Filing Forms Online: Filing the N-400 application online has its advantages, such as faster processing times and the ability to track your case status. Creating a USCIS online account can help you track your case status and receive notifications. However, some applicants may prefer filing by mail due to personal preferences or lack of internet access.

Direct Filing Addresses for Form N-400: Application for Naturalization

Important Information Before Filing

Before submitting your Form N-400, Application for Naturalization, ensure you use the most current version or acceptable edition of the form. Follow these steps to avoid delays or rejections:

• Check the Edition Date: The edition date can be found in the “Edition Date” section of the form’s webpage and at the bottom of the form and instructions. The Current Edition Date is April 1, 2024.
• Consistency Across Pages: Make sure all pages of the form belong to the same edition. Forms with mixed editions will be rejected.
• Download Updated Forms: Visit the USCIS website to download the most recent version. Watch the USCIS Forms: Download the Most Recent Version video for additional guidance.

For tips on properly filing paper-based forms and avoiding common errors, refer to the Five Steps to File at the USCIS Lockbox webpage.

Creating an Online Account

When filing Form N-400 on paper, you’ll receive a USCIS Account Acceptance Notice. This notice provides instructions for creating an online accountto:

• Track your case status
• Receive notifications about your application

Although an online account is optional, USCIS encourages you to create one for easier case management. Regardless, you’ll continue to receive mailed copies of all case-related notifications.

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Filing Addresses by Applicant Category

Current or Former Members of the Military and Their Dependents

If you are applying based on military service or as a dependent of a service member, send your application to:

USCIS Chicago Lockbox

• U.S. Postal Service (USPS):
  USCIS
  Attn: Military N-400
  P.O. Box 4446
  Chicago, IL 60680-4446
• FedEx, UPS, or DHL:
  USCIS
  Attn: Military N-400 (Box 4446)
  131 S. Dearborn, 3rd Floor
  Chicago, IL 60603-5517

For service members residing outside the U.S. and applying for an advance parole document with Form N-400, refer to the Direct Filing Addresses for Form I-131 for specific instructions.

All Other Applicants

Applicants from Eastern and Mid-Atlantic States

If you live in:

• Connecticut, Delaware, District of Columbia, Florida, Georgia, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, North Carolina, Pennsylvania, Rhode Island, South Carolina, Vermont, Virginia, West Virginia

Send your application to:

USCIS Elgin Lockbox

• USPS:
  USCIS
  Attn: N-400
  P.O. Box 4060
  Carol Stream, IL 60197-4060
• FedEx, UPS, or DHL:
  USCIS
  Attn: N-400 (Box 4060)
  2500 Westfield Drive
  Elgin, IL 60124-7836

Applicants from Western and Pacific States

If you live in:

• Alabama, Alaska, American Samoa, Arizona, Armed Forces (Americas, Europe, Pacific), California, Colorado, Commonwealth of the Northern Mariana Islands, Guam, Hawaii, Idaho, Kansas, Kentucky, Marshall Islands, Micronesia, Minnesota, Mississippi, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oregon, Palau, Puerto Rico, South Dakota, Tennessee, U.S. Virgin Islands, Utah, Washington, Wyoming

Send your application to:

USCIS Phoenix Lockbox

• USPS:
  USCIS
  Attn: N-400
  P.O. Box 21251
  Phoenix, AZ 85036-1251
• FedEx, UPS, or DHL:
  USCIS
  Attn: N-400 (Box 21251)
  2108 E. Elliot Rd.
  Tempe, AZ 85284-1806

Applicants from Central and Southern States

If you live in:

• Arkansas, Louisiana, Oklahoma, Texas

Send your application to:

USCIS Dallas Lockbox

• USPS:
  USCIS
  Attn: N-400
  P.O. Box 660060
  Dallas, TX 75266-0060
• FedEx, UPS, or DHL:
  USCIS
  Attn: N-400 (Box 660060)
  2501 S State Hwy 121 Business, Suite 400
  Lewisville, TX 75067-8003

Applicants from Midwestern States

If you live in:

• Illinois, Indiana, Iowa, Michigan, Missouri, Ohio, Wisconsin

Send your application to:

USCIS Chicago Lockbox

• USPS:
  USCIS
  Attn: N-400
  P.O. Box 4380
  Chicago, IL 60680-4380
• FedEx, UPS, or DHL:
  USCIS
  Attn: N-400 (Box 4380)
  131 S. Dearborn, 3rd Floor
  Chicago, IL 60603-5517

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Additional Tips for Filing

• Double-Check Your Application: Ensure all fields are complete, and signatures are included where required.
• Include All Required Documentation: Missing or incomplete documentation can delay processing.
• Track Your Delivery: Use a reliable delivery service and keep tracking information for your records.
• Stay Updated: Regularly check the USCIS website for updates or changes to filing procedures.

Form Edition Dates, Printing Form, and Submission

When completing and submitting forms, it’s critical to ensure all details align with the official requirements. This guide provides a detailed breakdown of the key aspects to help you avoid common errors that could lead to rejection.

Understanding the Edition Date

• The edition date is a critical identifier for the form and is found at the bottom of each page.
• The date is listed in the mm/dd/yy format (e.g., 04/01/24).
• Always verify you are using the correct edition of the form before completing or submitting it.

Why the Edition Date Matters

• Forms are periodically updated to reflect new regulations, policies, or formats.
• Using an outdated or incorrect form edition can lead to processing delays or outright rejection.

Steps to Ensure the Correct Form Edition

1. Locate the Edition Date:
   • Look at the bottom of the page on both the form and the instructions to confirm the date.
2. Check for Consistency:
   • Ensure that all pages of the form have the same edition date. Mixing pages from different editions will lead to rejection.
3. Verify the Latest Edition:
   • Visit the official website where the form is published.
   • Check if the form’s edition matches the latest version listed.

Printing and Mailing Your Form

If you plan to mail a completed form, follow these important guidelines:

Make the Edition Date Visible

• Ensure that the edition date is visible at the bottom of every page when printed.

Include All Pages

• Double-check that all pages are present and part of the same edition.
• Missing or mismatched pages can result in your submission being rejected.

Proper Formatting

• Print the form in its entirety without resizing or altering the layout.
• Use standard white paper and avoid any smudges or marks that may obscure critical details.

Additional Submission Tips

• Sign and date your form where required.
• Double-check for completeness before mailing.

How to Download and Print Forms

To ensure a smooth process, here are tips for downloading and printing forms:

Downloading the Form

1. Access the form from the official source to guarantee authenticity.
2. Save the file to your device before opening it to avoid browser compatibility issues.

Printing Instructions

• Use a reliable printer to ensure clear, legible text.
• Set your print settings to match the document’s original size and format.
• Avoid using double-sided printing unless explicitly stated as acceptable in the instructions.

Troubleshooting Common Issues

• Blurred Text or Images:
  • Check printer ink levels and adjust print quality settings.
• Cut-Off Margins:
  • Select “Fit to Page” or ensure proper scaling in the print settings.

 

What Is Good Moral Character (GMC)?

Good Moral Character means that your behavior aligns with the ethical standards expected of an average citizen in your community. Demonstrating GMC is essential for the naturalization process, and you must show that you have maintained this standard throughout the required period:

• 5 years if applying based on being a lawful permanent resident.
• 3 years if applying based on marriage to a U.S. citizen.

This good moral character must continue from the required period up to the time of your naturalization interview and Oath of Allegiance.

Examples of GMC Violations

The following actions may reflect poorly on your moral character:

• Engaging in illegal activities or crimes.
• Lying under oath or providing false information.
• Failing to fulfill financial responsibilities, such as paying taxes or child support.
• Committing immigration fraud or failing to disclose past deportations.

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Key Sections and What They Mean

1. False Claims to U.S. Citizenship or Unlawful Voting

• If you have falsely claimed U.S. citizenship or voted unlawfully in a federal, state, or local election, this could disqualify you from naturalization.
• However, voting in certain local elections may not affect your eligibility if you were legally eligible to vote under local laws.

Action Steps:

• Provide a detailed explanation if you have ever claimed U.S. citizenship or voted unlawfully.
• Gather evidence, such as state voting laws, if you believe your voting was lawful.

2. Tax Obligations

• Failing to pay taxes may indicate a lack of GMC. Ensure you’re up to date on all federal, state, and local taxes.

Required Evidence for Tax Compliance:

If you have overdue taxes, provide:

• IRS tax transcripts for the last 5 years (or 3 years if applying based on marriage to a U.S. citizen).
• A signed agreement with the IRS or relevant tax authority confirming a repayment plan.
• Documentation showing the current status of your repayment program.

Tips for Managing Tax Issues:

• Contact a tax professional to resolve any outstanding obligations.
• Keep copies of all tax filings, payments, and correspondence with tax authorities.

Visit www.irs.gov to learn how to obtain tax transcripts or other tax-related documents.

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3. Membership in Certain Organizations

• Membership in organizations with goals contrary to U.S. principles (e.g., the Communist Party or similar groups) can raise concerns about your GMC.
• “World communism” is defined as a movement aiming to establish totalitarian regimes globally.

What to Do If This Applies to You:

• Be prepared to disclose any current or prior memberships and provide explanations if required.
• Gather evidence of your non-involvement in activities that conflict with U.S. values.

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4. Criminal Offenses and Good Moral Character

• Any criminal activity, including arrests, charges, convictions, or participation in alternative sentencing programs, can affect your eligibility.
• Offenses such as solicitation, domestic violence, driving under the influence, or any expunged offenses must be reported.

Key Points:

• You must disclose all offenses, even if they occurred before you turned 18 or have been expunged or pardoned.
• Naturalization applications will not be approved while you are on probation, parole, or under a suspended sentence.

Evidence You Must Provide:

Depending on the circumstances, you’ll need to submit:

• For arrests without charges filed:
  • Arrest reports.
  • Official statements confirming no charges were filed.
• For arrests with charges filed:
  • All arrest reports, charging documents, court dispositions, sentencing reports, and any other relevant documentation.
• For convictions or alternative sentencing programs:
  • Sentencing records.
  • Evidence of completing alternative sentencing or rehabilitative programs.
• For convictions with completed sentences (probation, parole, etc.):
  • Proof that the sentence was fully completed.
• For pardoned, vacated, or expunged convictions:
  • Court orders showing the conviction was vacated, set aside, sealed, or expunged.
  • Evidence of a pardon, including the petition and decision.

Note: Traffic incidents generally do not require documentation unless they involved drugs, alcohol, arrests, or significant injuries to others.

Note: Court Records Must Be Certified.

Additional Evidence to Strengthen Your Case:

• Letters of recommendation from employers, community leaders, or others who can attest to your good character.
• Evidence of community service, education, or rehabilitation programs completed after any incidents.

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5. Documentation and Interview Requirements

• Submit photocopies of required documents with your application.
• Bring originals or court-certified copies to your naturalization interview for verification.
• If any records are unavailable, provide official confirmation from the relevant law enforcement agency or court stating that the records cannot be obtained.

How to Organize Your Documents:

• Use labeled folders or envelopes for each type of document (e.g., taxes, criminal records, memberships).
• Include a cover letter summarizing any complex situations, such as multiple charges or ongoing tax repayment plans.

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Be Honest and Thorough

• Disclose all information truthfully, even if you believe it may negatively affect your application. Omissions or inaccuracies can lead to application denial.

Gather Evidence Early

• Start collecting necessary documents as soon as possible, especially for any criminal or tax-related issues. These records can take time to obtain.

Consult an Immigration Attorney

• If you have concerns about how your history might affect your application, seek professional advice. An experienced immigration attorney can help you prepare your application and address potential red flags.

Understand the Impact of Past Actions

• Review your history critically. Even minor infractions or errors can have implications. Provide explanations and evidence of rehabilitation or compliance whenever possible.

Highlight Positive Contributions

• Include evidence of your community involvement, professional achievements, or other positive contributions that demonstrate your alignment with U.S. values.

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Other Documentation to Support Your N-400 Application

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Removal, Deportation, or Rescission Proceedings

If you were ever placed in removal, rescission, or deportation proceedings, or were removed from the United States, include:

• Full name.
• Port of Entry (POE) of removal.
• Details about whether the departure occurred by plane or land.
• The reason for removal or deportation.

Required Documents:

• Deportation orders.
• Documents relating to appeals or motions to reopen your case.
• Evidence of compliance with any departure or removal orders.

Additional Tips:

• Maintain organized copies of all correspondence with immigration authorities.
• Include any evidence showing rehabilitation or changed circumstances since the proceedings.

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Selective Service Registration

Almost all males born as male who are U.S. citizens or immigrants between the ages of 18 and 26 must register with the Selective Service System. Visit www.sss.gov/register/immigrants/ for more details.

If You Did Not Register

Requirements based on your age:

• Under 26 years old:
  • Register before applying for naturalization.
  • Update the naturalization form to reflect your registration status.
• 26 to 31 years old:
  • Explain why you did not register in Part 14 (Additional Information).
  • Provide a status information letter from the Selective Service.
• 31 years old or older:
  • No need to provide a statement or status information letter.

Required Evidence

1. Status information letter from the Selective Service (if applicable).
2. A personal statement explaining your reasons for failing to register.
3. Any additional documentation to support your explanation, such as proof of non-U.S. residence during the registration period.

Additional Considerations:

Failure to register might affect your ability to establish good moral character, which is a requirement for naturalization. Provide detailed and honest explanations to mitigate potential issues.

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U.S. Armed Forces Service

If you are or were a member of the U.S. armed forces, you may qualify for naturalization based on your military service.

Eligibility Requirements

Under INA Section 328

• At least 1 year of honorable service in the U.S. armed forces.
• If separated, all separations must be under honorable conditions.

Key Criteria:

• Must be at least 18 years old.
• Must have lawful permanent resident (LPR) status at the time of the naturalization interview.
• Good moral character during the 5 years before filing the application and through naturalization.
• Exemption from physical presence requirements while actively serving.

Under INA Section 329

• Honorable service in active duty or Selected Reserve during designated periods of hostilities.
• No continuous residence or physical presence requirements.

Designated Hostility Periods:

• September 1, 1939 – December 31, 1946
• June 25, 1950 – July 1, 1955
• February 28, 1961 – October 15, 1978
• August 2, 1990 – April 11, 1991
• September 11, 2001 – Present

Required Documents

1. Form N-426, Request for Certification of Military or Naval Service.
2. Photocopy of military orders if actively serving.
3. DD Form 214, NGB Form 22, or similar discharge documentation if separated.
4. Additional commendations or awards to support honorable service claims.

Additional Notes:

• Current military members can often expedite the naturalization process.
• You may be eligible to complete the naturalization process while stationed overseas.

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Biometrics Requirements

General Biometrics Process

Applicants who file Form N-400 are typically required to submit biometrics, unless the requirement is waived. The key steps include:

• Appointment Notice: If biometrics are required, USCIS will send you a notice with the date, time, and location of your appointment at an Application Support Center (ASC).
• Photograph Usage: The photograph taken during your biometrics appointment may appear on your Certificate of Naturalization if you are approved for citizenship.
• Appearance Tips: To ensure a suitable photograph for your certificate, dress in formal or professional attire that you would be comfortable displaying on official documents.

Note: USCIS will not deny an application solely because you wish to modify the photo used on your certificate. However, it’s advisable to make a good first impression.

Additional Photographs

Depending on processing needs, USCIS may request physical passport-style photographs after you submit Form N-400. If this occurs, you will receive detailed instructions on how to provide them.

Biometrics for Military Service Members

USCIS provides specific guidance for service members applying for naturalization. The process involves:

Fingerprinting Options

1. Using Existing Fingerprints: If USCIS has your fingerprints from a previous immigration application, these may be reused.
2. Submitting Fingerprints Overseas: Service members stationed outside the U.S. can provide:
   • Two completed FD-258 fingerprint cards.
   • Two passport-style photos taken by military police or officials at a U.S. embassy or consulate.
3. Visiting an ASC: Service members can submit fingerprints at an ASC before or after filing Form N-400. You must include your A-Number and present valid military ID or Delayed Entry Program ID.

Contacting the Military Help Line

For case-specific questions or additional assistance, service members can contact:

• Phone: 877-CIS-4MIL (877-247-4645)
• TTY: 800-877-8339
• Email: militaryinfo@uscis.dhs.gov

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Representation by an Attorney or Representative

You have the right to be represented during the naturalization process at no cost to the U.S. government. Key points include:

• Form G-28 Submission: Your attorney or accredited representative must file Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative.
• Timing: This form can be submitted either with your Form N-400 or at the time of your interview.
• Benefits of Representation: Having an at

Top Tips for a Smooth N-400 Application Process (Avoid Delays and Rejection)

• Make Copies: Always keep a copy of your completed N-400 form and all supporting documents. This will be helpful for review before your interview
• Use Black Ink: If you are filling out the form by hand, use black ink. This is preferred by USCIS and helps avoid any issues with legibility.
• Avoid Clutter: Do not highlight, cross out, or write beyond the provided space on the form. If you make a mistake, start with a new form to ensure it’s neat and error-free.
• Inapplicable Questions: Write “N/A” (not applicable) for questions that don’t apply to you instead of leaving them blank. If you’re unsure how to answer a question, consult with an attorney.
• Estimated Dates: If you can’t remember exact dates, enter the first day of the closest month (e.g., 7/1/2023 for July 1, 2023) and provide an explanation in Part 14 of the form.
• Honesty and Consistency: Always be truthful. Lying on your application can have serious consequences, including revocation of citizenship. Ensure consistency with any previous immigration applications and be prepared to explain any past errors.
• Double-Check for Errors: Carefully review all information for accuracy. Even small errors can cause delays or issues with your application.
• Get Certified Translations: If any supporting documents are in a language other than English, ensure you obtain certified English translations. This is crucial for proper processing.
• Sign It: Make sure you sign your application. An unsigned form will be rejected or denied.
• Handling the Barcode: Do not staple or otherwise damage the barcode on your form, as it is crucial for processing.
• Only Submit Essential Documents: Do not send original documents unless specifically requested by USCIS. Provide copies unless otherwise instructed.
• Follow Mail Filing Instructions: If you are filing by mail, be sure to follow USCIS instructions for your state and delivery service to ensure your application is sent to the correct address and processed without delay.
• Use black ink or type your responses.
• Ensure your handwriting is legible.
• Avoid crossing out or using correction fluid; if errors are extensive, start a new form.
• Answer every question:
  • Use “N/A” for non-applicable questions.
  • Enter “None” for numeric responses of zero.
• Include your A-Number (if applicable) on the top right corner of every page.
  • Format seven-digit numbers as nine by adding leading zeros (e.g., A1234567 becomes A001234567).

Additional Sheets for Information

• If additional space is needed, use Part 14: Additional Information.
  • Include your name and A-Number on each sheet.
  • Indicate the page, part, and item number corresponding to your answer.
  • Sign and date each sheet.

Common Mistakes When Filling Out the N-400

Avoid these common errors to ensure your N-400 application is processed smoothly:

1. Incorrect Answers on the N-400: Even small mistakes, like typos, can lead to the denial of your application. Pay special attention to questions regarding moral character and criminal history, as inaccuracies here can result in serious consequences, including allegations of fraud.
2. Submitting the Application Too Early: You must wait the full 5 years from the date you received your green card before applying for naturalization (or 3 years if married to a U.S. citizen). While the law allows you to file 90 days before this period ends, applying too soon will result in rejection.
3. Issues with Tax Compliance: Failing to report your nonimmigrant status or income to the IRS can negatively affect your good moral character and lead to denial. Evading taxes over $10,000 is considered a felony for immigration purposes and could result in losing your green card and your chance to naturalize.
4. Ignoring Requests for Additional Documents: USCIS may request more documentation to support your application. Failure to respond within the specified timeframe can lead to your application being denied.
5. Interrupting Continuous Residence: You must maintain continuous residence in the U.S. for 5 years (or 3 years if married to a U.S. citizen) before applying for naturalization. Extended absences could disrupt this requirement. If you’ve had long trips abroad, be prepared to provide evidence that your U.S. residence remained intact.
6. Not Providing Proof of Spouse’s U.S. Citizenship: Common mistake among applicants is not submitting proof of their spouse’s U.S. citizenship especially when applying for citizenship based on a bona fide marriage. Applicants must prove they have been in a genuine marriage since getting the Green Card. Evidence may be shared properties, proof of cohabitation, joint bank accounts, shared responsibility for assets and liabilities.
7. Incorrectly Answering “YES” or “NO”: If you realize you made a mistake in your responses, submit a corrected N-400 form with a cover letter explaining the error. If the mistake is found close to your interview, bring the corrections and evidence to the interview. However, depending on the number of corrections and volume, this may delay the decision on your application.
8. Missing Supporting Documents: You must gather all the supporting documents for your naturalization application. Documents not in English must be translated by a translator who presents a letter certifying the translation. Essential documents are birth certificates, driver’s licenses, Green Cards and marriage certificates. If you have problems getting these documents or unsure which ones to get, consult with immigration professionals.
9. Not Preparing for the Interview: You will need to pass an English and civics test during your interview unless you qualify for an exemption. If you have a medical disability that prevents you from taking the test, submit Form N-648 with your application.
10. Sending N-400 to the Wrong Address: Double-check the correct USCIS mailing address for your state. Sending your application to the wrong address will delay processing and may require you to resubmit.
11. Paying the Wrong Fee: There is a filing fee for N-400 and biometrics fee. USCIS will reject a filing with incorrect fee amount or incorrect payment.
12. Submitting Insufficient or Incorrect Evidence: USCIS requires specific evidence and supporting documents for N-400 application so you must submit the correct evidence. If you are filing on your own, make sure to follow the instructions on the form carefully. Consult with experts on the matter.
13. Filing N-400 Incorrectly or Incompletely: Errors or omissions on your N-400 form can lead to delays or additional requests for evidence (RFE). Compare your answers with original documents and provide clear explanations where necessary.
14. Filing a New N-400 Without Addressing Previous Errors: If your application is denied, don’t just resubmit. First, understand why it was denied, and address those issues before applying again. Consulting with an immigration attorney can help identify and correct any problems.

What Happens If I Make a Mistake on My N-400 Application?

If you make a mistake on your N-400 application, here’s what you can expect and how to handle it:

1. Request for Evidence (RFE):

• Minor Mistakes: USCIS may send you a Request for Evidence (RFE) asking for clarification or additional information to correct minor mistakes. This gives you a chance to fix the issue before any final decision is made.

2. Denial for Serious Mistakes:

• Major Errors: If the mistake is significant, such as incorrect information that impacts your eligibility, USCIS may deny your application and ask you to submit a new one.

3. Correcting Mistakes After Submission:

• Contact USCIS: Once your application is submitted, wait until USCIS receives it, then contact the USCIS Contact Center with your reference number to correct the mistake.
• Send a Letter: For more serious errors, you may need to send a letter to the USCIS office handling your case, explaining the problem and requesting a correction or permission to submit a new form.
• Check Case Status: You can also monitor your case status online to stay updated on any actions needed.

 

Eligibility for VAWA Applicants

If you are a lawful permanent resident (LPR) who obtained this status due to abuse by a U.S. citizen or lawful permanent resident spouse or parent, you may qualify for naturalization under special provisions. You are not required to live in a marital union for three years to be eligible.

Eligibility Requirements

To qualify, you must meet the following criteria:

1. LPR Status Through an Approved Petition:
   • Your LPR status must be based on one of the following:
     • Self-petition: Approved Petition for Amerasian, Widow(er), or Special Immigrant (Form I-360) as a self-petitioning spouse, intended spouse, or child of an abusive U.S. citizen.
     • Petition Based on Abusive LPR Spouse: Approved I-360 as a self-petitioning spouse, intended spouse, or child of an abusive lawful permanent resident, if the spouse naturalized after approval.
     • Special Rule Cancellation: Relief for abused spouses or children who were subjected to battery or extreme cruelty by a U.S. citizen.
     • Derivative Child: Approved I-360 as the derivative child of a self-petitioning spouse of a U.S. citizen who was abusive.
     • Conditional Residence Waiver: Approved Petition to Remove Conditions on Residence (Form I-751), filed as a waiver due to good faith marriage and abuse by a U.S. citizen spouse.
2. Age Requirement:
   • You must be at least 18 years old.
3. Continuous Residence:
   • You must have continuously resided in the U.S. for at least three years as an LPR.
4. Physical Presence:
   • You must have been physically present in the U.S. for at least 18 months during the three years before filing your application.
5. Residence in USCIS Jurisdiction:
   • You must have lived in the state or USCIS district where you apply for at least three months before filing.
6. Good Moral Character:
   • You must demonstrate good moral character for at least three years before filing.

Important Note

Evidence of your spouse’s citizenship, your marriage, divorce, separation, or marital union is not required if your LPR status was obtained due to abuse.

Filing as a Spouse of a U.S. Citizen Working Abroad

If you are the spouse of a U.S. citizen employed by a qualified organization outside the U.S., you may naturalize under Section 319(b) of the Immigration and Nationality Act (INA).

Eligibility Requirements

1. Marriage to a U.S. Citizen:
   • You must be legally married to a U.S. citizen working outside the United States for a qualified employer.
2. Qualified Employment:
   • Your spouse’s employment must be scheduled to last at least one year after you file Form N-400.
3. LPR Status:
   • You must already hold lawful permanent resident status.
4. Intent to Reside in the U.S.:
   • You must declare a good faith intention to live in the U.S. immediately after your spouse’s employment abroad ends.
5. Physical Presence for the Oath:
   • You must be physically present in the U.S. when taking the Oath of Allegiance.
6. Joining Your Spouse Abroad:
   • You must establish that you will join your U.S. citizen spouse abroad within 30 to 45 days after naturalization.

Exemptions

You are not required to:

• Show prior residence in the U.S.
• Meet physical presence requirements before filing.

What If USCIS Objects to My N-400?

When applying for naturalization using Form N-400, applicants may face challenges if U.S. Citizenship and Immigration Services (USCIS) issues a Request for Evidence (RFE), a Notice of Intent to Deny (NOID), or a Denial. Below is a detailed, step-by-step guide explaining what each notice means, what happens next, and how to respond effectively, including options for filing an appeal in federal district court.

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1. Request for Evidence (RFE)

What It Means

• USCIS issues an RFE when additional information or documentation is needed to make a decision on your application.
• RFEs are commonly issued for missing documents, incomplete forms, or discrepancies in the application.

What Happens Next

1. Receive the RFE Notice
   • USCIS sends a letter specifying the additional evidence required.
   • The notice includes a deadline (typically 30 to 87 days) to submit the requested evidence.
2. Review the RFE Thoroughly
   • Understand what is being requested and why.
   • The notice references specific sections of your application and acceptable documentation.
3. Prepare Your Response
   • Collect the required documents.
   • Include a cover letter summarizing the evidence and referencing your case number.
4. Submit Your Response
   • Send the response by mail or upload it via your USCIS online account (if applicable) before the deadline.
   • Retain a copy of all submissions for your records.
5. Await a Decision
   • After reviewing the evidence, USCIS will either approve your application, request further clarification, or issue a NOID or denial.

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2. Notice of Intent to Deny (NOID)

What It Means

• A NOID indicates that USCIS has identified significant issues that suggest you may not be eligible for naturalization. However, you are given a final opportunity to address these concerns.
• NOIDs are issued for issues such as evidence of ineligibility or concerns about moral character.

What Happens Next

1. Receive the NOID Notice
   • The notice outlines the reasons USCIS intends to deny your application, citing relevant laws or regulations.
   • A deadline (usually 30 days) is provided to respond.
2. Evaluate the Issues
   • Review the reasons for the NOID and determine the necessary evidence or arguments to refute them.
3. Seek Professional Help (if applicable)
   • Consider consulting an immigration attorney, especially for complex issues.
4. Prepare Your Response
   • Draft a response addressing each issue raised in the NOID.
   • Include supporting documentation and, if necessary, legal arguments to demonstrate eligibility.
5. Submit Your Response
   • Submit your response within the deadline specified in the NOID.
   • USCIS will review your response and either approve the application or issue a denial.

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3. Denial

What It Means

• A denial means USCIS has determined that you do not meet the eligibility requirements for naturalization based on their review of your application and evidence.
• Common reasons include failure to meet residency or physical presence requirements, lack of good moral character, or incomplete documentation.

What Happens Next

1. Receive the Denial Notice
   • The notice explains why your application was denied and references applicable laws or regulations.
   • It will indicate whether you can appeal the decision or need to reapply.
2. Consider Your Options
   • File an Administrative Appeal (Form N-336):
     • You can request a hearing on the denial by filing Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings.
     • This must be filed within 30 days of receiving the denial.
   • Reapply for Naturalization:
     • If the denial is based on correctable issues (e.g., failure to meet residency requirements), address the issues and reapply when eligible.
   • File a Lawsuit in Federal District Court:
     • If administrative appeals are unsuccessful, or you believe USCIS’s denial was legally or procedurally flawed, you can file a complaint in federal district court under 8 U.S.C. § 1421(c).

Filing an Administrative Appeal (Form N-336)

1. Complete Form N-336
   • Clearly state why the denial was incorrect and include supporting evidence.
2. Submit the Form
   • File the form within 30 days of receiving the denial notice.
3. Prepare for the Hearing
   • USCIS will schedule a hearing where you can present your case to an officer.
   • After the hearing, USCIS will either approve your application or uphold the denial.

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4. Filing a Federal District Court Appeal

Legal Basis

• Under 8 U.S.C. § 1421(c), an applicant has the right to seek a de novo review of their naturalization denial in federal district court after exhausting administrative remedies.
• A de novo review means the federal court will examine the case independently, without being bound by USCIS’s decision.

Steps to File in Federal District Court

1. Exhaust Administrative Remedies
   • Before filing in federal court, you must complete the administrative appeal process by filing Form N-336 and receiving a decision.
2. File a Complaint in Federal Court
   • Draft and file a legal complaint in the appropriate federal district court.
   • The complaint must outline the reasons you believe USCIS’s denial was incorrect, citing factual and legal grounds.
3. Serve USCIS and the Department of Justice
   • Provide copies of the complaint to the relevant USCIS office and the Department of Justice.
4. Participate in Court Proceedings
   • The court may hold hearings or request additional documentation.
   • You or your attorney will have the opportunity to present evidence and legal arguments.
5. Await the Court’s Decision
   • The federal judge will issue a ruling, which may either uphold USCIS’s denial or grant your naturalization application.

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General Best Practices

• Meet Deadlines: Always respond promptly to RFEs, NOIDs, and appeals to avoid case closure.
• Maintain Detailed Records: Keep copies of all documents and correspondence with USCIS.
• Consult Legal Counsel: For complex cases, especially when filing in federal court, seek guidance from an experienced immigration attorney.
• Stay Informed: Use your USCIS online account to track your case status and receive updates.

ation.

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Photo Requirements for Overseas Applicants

If you are applying from outside the U.S., provide two identical passport-style photos:

• Specifications:
  • Size: 2×2 inches.
  • Background: White to off-white.
  • Finish: Glossy, unmounted, unretouched.
  • Head height: 1 to 1 3/8 inches from chin to top of hair.
  • Eye height: Between 1 1/8 and 1 3/8 inches from bottom of the photo.
• Additional Notes:
  • Include your full name and A-Number on the back of each photo using a pencil or felt pen.
  • Religious headwear is allowed if it does not obscure facial features

Checklist of Required Documents for Form N-400

This checklist serves as a helpful guide for preparing your Form N-400, Application for Naturalization. Do not submit this checklist with your application; it is for your reference only. Be sure to review the official form instructions and legal requirements to ensure compliance. Only submit copies of documents unless the instructions specifically request originals.

Note: If any documents are in a foreign language, include a full English translation and a certification from the translator confirming accuracy and competency.

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General Requirements for All Applicants

Mandatory Documentation:

• Permanent Resident Card (Green Card): Provide a copy of both sides.
• Form N-648 (if applicable): Submit if you are requesting an exception to the English language and/or civics tests due to a disability or impairment.
• Proof of Marital Status: Include documents such as:
  • Current marriage certificate.
  • Divorce decrees, annulment certificates, or death certificates to show prior marriages have ended.
• Good Moral Character: Documentation of legal and personal history (see below for details).

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Good Moral Character: Required Evidence

If you have ever been involved in the following, you must provide relevant documentation:

Arrests or Detentions (No Charges Filed):

• Arrest report.
• Statement from the arresting agency or court confirming no charges were filed.

Arrests or Detentions (Charges Filed):

• Arrest report.
• Charging documents, court dispositions, and sentencing reports.
• Evidence related to your arrests, convictions, or other circumstances.

Convictions or Alternative Sentences:

• Sentencing records.
• Proof of completion for:
  • Alternative sentences (e.g., community service, diversion programs).
  • Probation, parole, or rehabilitation programs.

Vacated or Expunged Records:

• Motion and court order for vacating, sealing, or expunging.
• Documentation of pardons, if applicable.

Traffic Incidents:

• Only provide documentation if:
  • Alcohol or drugs were involved.
  • The incident resulted in an arrest.
  • Another person was seriously injured.

Financial Obligations:

• Documentation of court orders for:
  • Fines, restitution, or wage garnishments.
  • Proof of payment or active payment plans.
• Tax obligations:
  • Signed agreement with the IRS or local tax office.
  • Proof of tax return filings and payments.

Child Support:

• Provide:
  • Cancelled checks or receipts.
  • Court or agency documents.
  • Wage garnishment records.
  • Notarized letter from the child’s guardian confirming support payments.

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Continuous Residence and Physical Presence

If you took trips outside the United States for more than 6 months but less than 1 year:

Evidence of Continuous Residence:

• Rent or mortgage statements.
• Pay statements or bank account activity.
• Car registration and insurance.
• Passport with entry and exit stamps.
• IRS tax transcripts or other proof of residence.

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Selective Service Registration

If required to register but failed to do so before turning 26:

• Status Information Letter: Obtain this from the Selective Service System.
• Explanation Statement: Provide reasons for failing to register.

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Special Applicant Categories

Applicants with Legal Guardians or Representatives:

• Court order authorizing the legal guardian or representative.
• Evidence of the representative’s relationship and role:
  • School or medical records.
  • Tax documents showing representation.
  • Social Security Administration documents or affidavits from family members.
• Form N-648 (if applicable): Certification of inability to take the Oath due to medical reasons.

Spouses of U.S. Citizens:

• Continuous Residence Evidence: For trips outside the U.S. during the last 3 years (6+ months but less than 1 year):
  • Rent or mortgage statements.
  • Bank or loan statements showing activity.
  • Car registration and insurance.
  • Passport stamps.
  • IRS tax transcripts.
• Marriage Documentation: Copy of your marriage certificate.
• Proof of Spouse’s U.S. Citizenship: Examples include:
  • Birth certificate.
  • Certificate of Naturalization or Citizenship.
  • Biographical page of their U.S. passport.
  • Report of Birth Abroad (Form FS-240).
• Evidence of Termination of Prior Marriages (if applicable): Provide divorce decrees, annulments, or death certificates.

Spouses of U.S. Citizens Employed Abroad:

• Evidence of your spouse’s employment and its nature:
  • Employer’s name and business description.
  • Proof of the employer’s eligibility (e.g., U.S. government, international organization, American firm, or religious organization).
• Your spouse’s travel orders (if applicable).
• Statement of intent to live in the U.S. after the employment ends.

Spouses of U.S. Armed Forces Members:

• Authorization to accompany the service member.
• Proof of military service (e.g., military orders).
• Two passport-style photographs (if residing outside the U.S.).

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Violence Against Women Act (VAWA) Applicants:

• Proof of spouse’s U.S. citizenship.
• Evidence of marriage to the U.S. citizen (current or former).
• Documentation of extreme cruelty or battery (if applicable).

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Military Service Applicants:

• Form N-426: Request for Certification of Military or Naval Service (if currently serving).
• DD Form 214 or Discharge Orders: If separated from the armed forces.
• Military Orders (if applicable).
• Two passport-style photos (if residing outside the U.S.).
• No continuous residence or physical presence documentation is required for those serving during designated periods of hostilities.

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Tips for a Successful Application:

• Double-check that all forms are complete, accurate, and signed.
• Organize your documents to match the checklist categories for easy reference.
• Use certified mail or a secure delivery method to submit your application.

By carefully preparing your Form N-400 and supporting documents, you can ensure a smoother naturalization process.

 

USCIS RESOURCES

The following resources from USCIS provide great learning opportunities for those interested in applying for U.S. naturalization.

Learn About Citizenship

·         Citizenship Resource Center

·         Citizenship and Naturalization

·         A Guide to Naturalization

Citizenship Tools and Resources

·         USCIS Early Filing Calculator

·         Practice Civics Test

·         Preparing for the Oath

·         Eligible to Naturalize Fact Sheets

·         Fact Sheets Promoting Citizenship

File Online

·         How to Create a USCIS Online Account

·         Tips for Filing Forms Online

·         Online Filing for Attorneys and Accredited Representatives

Paying with a Credit Card

·         Pay Your N-400 Application Fee with Your Credit Card

·         Form G-1450, Authorization for Credit Card Transactions

Prepare for the Interview and Test

·         The Naturalization Interview and Test

·         Study for the Test

·         Check for Test Updates

·         Citizenship Multilingual Resources

Filing Tips and Guidance

·         Federal Poverty Guidelines

·         Additional Information on Filing a Fee Waiver

·         Additional Information on Filing a Reduced Fee Request 

·         Free Adobe Reader to view, print, or complete forms

Policy and Guidance

·         USCIS Policy Manual, Volume 12, Citizenship and Naturalization

·         Guidance: Group Processing Events

·         Form N-400 Frequently Asked Questions (PDF, 229.25 KB)

Oath of Allegiance Policies: USCIS Policy Manual

Federal Poverty Guidelines: ASPE Guidelines

Eligibility for Military Members and Families

If you are a current or former member of the U.S. armed forces or a family member of someone serving in the military, you have access to specialized resources:

• Military Help Line: Call 877-CIS-4MIL (877-247-4645) for assistance. They can help with questions about eligibility, application requirements, and next steps.
• Relocations: If you are transferred to a new duty station or deployed outside the U.S. after filing Form N-400, notify the Military Help Line to update your application status.
• More Information: Visit www.uscis.gov/military for comprehensive guidance on military-specific eligibility requirements.

• Military Applicants: www.uscis.gov/military
•  

• s and addresses.

 

 

N-400 Line by Line Instructions

Form N-400 is the first step for lawful permanent residents (green card holders) who want to become U.S. citizens. By completing this form, naturalization applicants declare their intention to meet all requirements for naturalization and take the Oath of Allegiance to the United States

Part 1: About Your Eligibility

• A-Number: Enter the A-number from your green card.
• Citizenship Eligibility: Check the appropriate box (most choose Box A for 5 years of permanent residence; spouses of U.S. citizens check Box B or C; military service members check Box D).Check the box that applies to your eligibility:
  1. Lawful Permanent Resident for at least 5 years.
  2. Spouse of a U.S. Citizen (3 years as LPR).
  3. VAWA self-petitioner.
  4. Spouse of a U.S. Citizen employed abroad.
  5. Military service during hostilities.
  6. At least 1 year of honorable military service.

Part 2: About You

• Question 1: Current Legal Name Enter your full name as it appears on your birth certificate or recent civil document, even if it’s different from your green card. Include legal documents for any name changes.Provide your current legal name as it appears on your birth certificate unless changed by marriage, divorce, or court order. Ensure consistency with names used in previous immigration records.
• Question 2: Alternate Names Provide alternate names from past marriages, common names or misspelled names on official documents. If unsure, include the nickname.List all names you have ever used, including maiden names, aliases, and nickname
• Question 3: Name Change (Optional) If you want to change your name, enter your new name. This requires a judicial swearing-in ceremony which may delay your citizenship process.What You Should Know:
  • Name Change at Naturalization Ceremony: You can request a name change during your naturalization process. The change will only take effect once the court approves it at your naturalization ceremony.
  • When Not to Request a Name Change:
    • If your legal name has already changed due to marriage, divorce, or a court order, you don’t need to request it here.

  Restrictions:

  • Military Members and Spouses: If you are applying for naturalization while stationed outside the U.S., name change requests cannot be processed.

  Action Steps:

  • Select “Yes” if you want to change your name and complete the required fields.
• Disability Modifications
  • Request accommodations by following instructions on your appointment notice or visiting www.uscis.gov/accommodationsinfo.
  • Examples include:
    • Sign language interpreters.
    • Extended time during interviews.

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• Question 4: USCIS Online Account Number (OAN). If none, write “N/A”.
  

   

  What Is an OAN?

  • Eligibility: You have an OAN if you filed a form with a receipt number starting with “IOE.”
  • Where to Find It:
    • If you filed online: Check your account profile.
    • If you mailed your form: Look at the Account Access Notice.

  Important Note:

  • If your receipt number doesn’t start with “IOE,” you don’t have an OAN.
  • OAN vs. A-Number: These are different. Make sure not to confuse them.
• Question 5: Gender Choose “male”, “female” or “another gender identity” (X).Indicate your gender identity:
  • M: Male
  • F: Female
  • X: Another gender identity

  This choice will be reflected on your secure documents upon approval.

• Question 6: Date of Birth Enter your date of birth.
  

   

  How to Complete:

  • Enter your date of birth in this format: MM/DD/YYYY.
  • Include any other dates of birth you have used legally or unofficially. Use Part 14 (Additional Information) for these.

  Critical Reminder:

  • Your form will be rejected if you don’t provide your date of birth.
• Question 7: Permanent Resident Date Find this date on your green card.What to Include:
  • Enter the exact date (MM/DD/YYYY) shown on your Permanent Resident Card (Green Card).

  Why It Matters:

  • This date proves your lawful permanent resident (LPR) status.
  • Missing or incorrect information may result in delays or rejection.

  Proving LPR Status:

  • What You Need:
    • A-Number (USCIS Number)
    • Date of permanent residence
• Question 8: Country of Birth Enter the official name of the country at the time of your birth.Provide the name of the country as it was at the time of your birth, even if the country’s name has since changed.
• Question 9: Country of Citizenship or Nationality. Enter the name of your current country of citizenship or nationality.
• For stateless individuals:
  • Enter the name of the country where you were last a citizen or national.
• If you hold multiple citizenships, list the country that issued your most recent passport.
• Question 10: Parents’ U.S. Citizenship If your parents transmitted U.S. citizenship to you, you don’t need to file Form N-400.
• Question 11: Disabilities If you have any physical or mental disabilities and are requesting a waiver for the English and civics tests, you’ll need to submit USCIS Form N-648 from a doctor.Action Steps:
  1. Answer “Yes” to Item 11 if requesting an exception.
  2. Submit Form N-648, Medical Certification for Disability Exceptions.
• Question 12: Social Security Update Consent to share information with the SSA, but be prepared to follow up if needed. You can request USCIS to update your Social Security status after naturalization.

How to Complete:

• Answer “Yes” to:
  • Item 12.a. if you need an original or replacement Social Security card.
  • Item 12.c. to allow USCIS to share your information with the SSA.
• Provide your Social Security Number (SSN) in Item 12.b.

Additional Notes:

• If you request a name change, USCIS will send the updated name to the SSA.
• An SSN is required to work legally in the U.S.

Part 3. Biographic Information

• Ethnicity:
  1. Hispanic or Latino:

  Race:

  2. American Indian or Alaska Native:
     • People originating from the original inhabitants of North and South America, including Central America, and maintaining tribal affiliation or community attachment.
  3. Asian:
     • Includes people originating from the Far East, Southeast Asia, or the Indian subcontinent. Examples:
       • Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippines, Thailand, Vietnam.
  4. Black or African American:
     • Includes individuals with origins in any of the Black racial groups of Africa.
  5. Native Hawaiian or Other Pacific Islander:
     • Includes people originating from Hawaii, Guam, Samoa, or other Pacific Islands.
  6. White:
     • Includes individuals with origins in Europe, the Middle East, or North Africa.

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  Biographic Information

  Key Details to Provide:

  1. Height:
     • Enter height in feet and inches (e.g., “5” for feet and “09” for inches).
     • Do not use metric units.
  2. Weight:
     • Enter weight in pounds.
     • If unsure, or if under 30 pounds or over 699 pounds, enter “000.” Do not use kilograms.
  3. Eye Color:
     • Choose the color that best describes your eyes from the provided list.
  4. Hair Color:
     • Choose the color that best describes your hair from the provided list.Personal Details: Provide details to help USCIS conduct background checks. Be truthful about any criminal history to avoid jeopardizing your application.

Part 4. About Your Residence

• Current and Previous Addresses: List all addresses for the past 5 years to prove continuous residence. If your home address isn’t secure, provide a different mailing address.
• Why This Matters:
  • The information you provide here helps USCIS determine if you meet the requirements for:
    • Continuous residence.
    • Physical presence.
    • Residency in a USCIS district or U.S. state for 3 months.

  How to Complete:

  1. Physical Addresses:
     • List all places you have lived during the required period based on your eligibility:
       • General applicants: Last 5 years.
       • Spouse of a U.S. citizen: Last 3 years.
       • VAWA applicants: Last 3 years.
       • Military service (hostilities): Current location only.
       • Other applicants: Last 5 years.
     • If homeless:
       • Indicate “homeless” in the address field but include the city, state, ZIP code, and country.
       • Use Form G-1145 for notification by text or email.
     • Victims of domestic violence:
       • You may use only the city and state of a shelter or safe house.
       • Confidential addresses will not be disclosed.
  2. Mailing Address:
     • Provide your current mailing address if different from your physical address.
     • If in a shelter or using a “safe address,” you may provide:
       • A P.O. box.
       • The address of a trusted friend, attorney, or community organization.
     • Military applicants applying under INA section 319(b) must provide a U.S. mailing address for biometric appointments.

Part 5: About Your Marital History

• Marriage Details: Include all marriages, even customary and religious ones. Explain if your spouse doesn’t live with you.
• Spouse’s Citizenship: Provide information about your spouse’s citizenship or permanent residence.
• Previous Marriages: List your and your spouse’s previous marriages to rule out bigamy and confirm eligibility.

Marital Status:

• Indicate your current marital status by selecting the appropriate box:
  • Single, married, divorced, widowed, or annulled.

For Military Spouses:

• If your spouse is a member of the U.S. armed forces:
  • Select “Yes” and provide documentation, including:
    1. Proof you are authorized to accompany them under their official orders.
    2. Evidence of their military service.

Marriage History:

1. Previous Marriages:
   • Include all marriages (past and current), both in the U.S. and abroad:
     • Civil, religious, annulled, or unregistered marriages.
   • Count each marriage to the same person separately.
2. Current Spouse Information:
   • Provide their:
     • Legal name.
     • Date of birth.
     • Date of marriage.
     • Physical address (if different from yours).
3. Spouse’s Citizenship:
   • Indicate when your spouse became a U.S. citizen, if applicable.

Eligibility Based on Marriage to a U.S. Citizen:

• To qualify for naturalization, you must meet the following:
  1. Be legally married to a U.S. citizen who resides in the U.S.
  2. Maintain the marriage until the Oath of Allegiance.
  3. Have lived in marital union for at least 3 years.
  4. Your spouse must have been a U.S. citizen for at least 3 years.
  5. You must have been a lawful permanent resident (LPR) for at least 3 years.

Required Evidence:

1. Proof of Spouse’s Citizenship:
   • Examples:
     • U.S. birth certificate.
     • Certificate of Naturalization or Citizenship.
     • U.S. passport (biographical page).
     • Consular Report of Birth Abroad (Form FS-240).
2. Marriage Documentation:
   • Provide your marriage certificate.
   • Include divorce decrees, annulments, or death certificates for prior marriages (if applicable).
3. Evidence of Marital Union:
   • Examples:
     • Joint bank or credit card statements.
     • Shared leases or mortgages.
     • Birth or adoption certificates of children.
     • Joint insurance policies.
     • IRS tax transcripts for the past 3 years.

Part 6: About Your Children

• List All Children: Include every child, regardless of residency status, birth circumstances, or custody arrangements. Omitting a child may raise suspicion of fraud.

Part 7: About Your Employment and Schools You Attended

• Employment and Education History: List your work and education for the past 5 years, including periods of unemployment, self-employment, disability, retirement, or homemaking.
• Residency and Employment HistoryApplicants must detail their residency and employment:
  • VAWA Applicants:
    • Provide a three-year history.
  • Spouses of U.S. Citizens Abroad:
    • Provide a three-year history unless filing under military service provisions.

Part 8: Time Outside the United States

• Travel History: Provide details of all trips outside the U.S. to prove you meet the physical presence requirement. Estimate dates if necessary and explain them in Part 14.
• The information required about time spent abroad depends on your eligibility basis:
  • General Provision (Item 1.A.): List all trips outside the U.S. in the last five years.
  • Spouse of a U.S. Citizen (Item 1.B.): List trips taken in the last three years.
  • VAWA Applicants (Item 1.C.): List trips taken in the last three years.
  • Spouses of Citizens Employed Abroad (Item 1.D.): No need to list trips outside the U.S.
  • Military Service in Hostilities (Item 1.E.): No need to list trips outside the U.S.
  • Honorable Military Service (Item 1.F.): Include all trips outside the U.S. in the last five years.
  • Other Reasons (Item 1.G.): Include all trips outside the U.S. in the last five years.

Part 9: Additional Information About You

• Criminal and Moral History: Answer questions about your eligibility, moral character, and criminal history honestly. Consult an attorney if you have doubts.

Part 10: Request for Fee Reduction

• Fee Reduction or Waiver: If eligible, request a reduced fee. File by mail if requesting a full fee waiver and include Form I-912.

Part 11: Contact Information, Certification, and Signature

• Contact Details: Provide your phone numbers and email. Confirm the accuracy of your information. If you’re disabled, a legal guardian can sign for you.

Part 12: Interpreter’s Contact Information, Certification, and Signature

• Interpreter Details: Fill this out if you’re requesting an English waiver. Otherwise, using an interpreter might raise concerns about your English proficiency.

Part 13: Contact Information, Declaration, and Signature of the Person Who Prepared This Application, If Other Than the Applicant

• Preparer Information: If someone helped you complete the form, they must sign here.

Part 14: Additional Information

• Supplementary Information: Use this space for any additional information that doesn’t fit elsewhere on the form.

Part 15: Signature at Interview

• Leave Blank: Do not fill this out until your USCIS interview.

Part 16: Oath of Allegiance

• Leave Blank: This section will be completed during your interview with a USCIS officer.

Disability Accommodations: Contact USCIS directly for any needed disability accommodations instead of requesting them on Form N-400.

Renouncing Hereditary Titles and Orders of Nobility

• Requirement: If you hold a hereditary title or order of nobility from a foreign country, U.S. law requires you to renounce it during your naturalization ceremony.
• Form N-400: In Item 30.b., confirm your willingness to renounce any such title to meet this requirement.

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Understanding the U.S. Constitution and Oath of Allegiance

Key Topics on Form N-400

• Questions 31-37: These sections test your understanding of the U.S. Constitution, government structure, and your commitment to the Oath of Allegiance.

Oath of Allegiance

• Final Step: To become a U.S. citizen, you must take the Oath of Allegiance, which signifies your loyalty to the United States.
• Modified Oaths: You may request adjustments to the Oath based on religious or conscientious objections.
  • Objection to Bearing Arms: If you object to bearing arms or performing noncombatant service due to religious beliefs, you must provide evidence supporting your request.
  • Affirmation Option: Replace “solemnly swear” with “solemnly affirm” and omit “so help me God” without requiring documentation.
  • Waivers: Individuals unable to understand or communicate the Oath due to physical, developmental, or mental impairments may be eligible for a waiver.

For further details, see the USCIS Policy Manual Volume 12.

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Requesting a Fee Reduction

Eligibility

• Income Threshold: To qualify, your household income must not exceed 400% of the Federal Poverty Guidelines. Check the current guidelines for details.
• Head of Household: This is typically the person who filed the most recent federal tax return on which you were listed as a dependent.

Required Evidence

Provide proof of income through one or more of the following:

1. Federal Tax Returns: Include a copy of each household member’s most recent federal tax return.
2. Income Documentation: If tax returns don’t reflect current income, submit pay stubs, W-2 forms, or employer statements.
3. Students: If you are a full-time student and not dependent on your parents, provide proof of your income or documentation showing you are not required to file taxes.

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Completing the Application

Part 11: Applicant’s Contact Information, Certification, and Signature

• Your Responsibilities: Sign and date the application, and provide your phone number and email address.
• Disabilities: If you cannot complete the process due to a physical, developmental, or mental impairment, a legal guardian or designated representative may sign on your behalf.

Part 12: Interpreter’s Information

• When Needed: If someone helps you understand the form in your language, they must complete this section and provide their contact information and signature.

Part 13: Preparer’s Information

• Third-Party Assistance: If someone else completed the application for you, they must fill out this section. If they also served as your interpreter, they need to complete both Parts 12 and 13.

Part 14: Additional Information

• Extra Details: Use this section to provide additional information that didn’t fit in earlier sections.

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At Your Interview

Part 15: Signature at Interview

• Leave Blank: You will sign this section during your interview with the USCIS officer.

Part 16: Oath of Allegiance

• Final Steps: This section will also be completed during the interview process. Your signature here signifies your readiness to take the Oath, which will be administered at a naturalization ceremony.

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Address Changes

• Notify USCIS promptly: If you move, you must report your new address within 10 days.
• How to update your address:
  • Use the USCIS online tool at www.uscis.gov/addresschange.
  • Call the USCIS Contact Center for assistance.
• Important Note: Do not send address change requests to the USCIS Lockbox.

Military Applicants

• Special Assistance: Active-duty members of the U.S. Armed Forces who relocate or deploy after filing Form N-400 should call the Military Help Line at 877-247-4645 for guidance.

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Penalties for False Information or Misrepresentation

• Severe Consequences: If you knowingly falsify information or submit false documents, USCIS will deny your application and potentially bar you from other immigration benefits.
• Criminal Penalties: Such actions may lead to legal prosecution and significant penalties under U.S. law.

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FAQs

General Questions

1. What is Form N-400?
   Form N-400 is the application for U.S. citizenship through naturalization. It is used by lawful permanent residents (green card holders) to apply for U.S. citizenship.
2. Who is eligible to file Form N-400?
   To be eligible, you must:
   • Be at least 18 years old.
   • Be a lawful permanent resident for at least 5 years (or 3 years if married to a U.S. citizen).
   • Meet continuous residence and physical presence requirements.
   • Demonstrate good moral character.
   • Pass an English and civics test (with some exceptions).
3. Can I file Form N-400 online?
   Yes, you can file Form N-400 online through the USCIS online account system. Alternatively, you can file a paper application by mail.

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Preparation and Required Documentation

4. What documents do I need to prepare with my N-400?
   Common documents include:
   • Permanent Resident Card (green card).
   • State-issued ID (e.g., driver’s license).
   • Marriage certificates, divorce decrees, or death certificates of previous spouses (if applicable).
   • Evidence of military service (if applicable).
   • Court records for arrests or convictions (if applicable).
5. Do I need a lawyer to file Form N-400?
   No, a lawyer is not required, but consulting with one can be helpful, especially if your case is complex (e.g., criminal history, extended time outside the U.S., or previous immigration issues).
6. What is the filing fee for Form N-400?
   As of now, the filing fee is $640, plus an $85 biometric services fee, for a total of $725. Fee waivers or reductions are available for eligible applicants.
7. How do I request a fee waiver or reduction?
   Use Form I-912, Request for Fee Waiver, or Form I-942, Request for Reduced Fee, and submit it along with your N-400 application.
8. Do I need to include passport photos with my N-400 application?
   Generally, no. If you are filing online or reside in the U.S., passport photos are not required. However, if you live abroad, two passport-style photos may be necessary.

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Residency and Travel

9. What is the “continuous residence” requirement?
   Continuous residence means you must have lived in the U.S. as a permanent resident for at least 5 years (or 3 years if applying under the spousal provision), without trips outside the U.S. lasting 6 months or longer.
10. What if I took a trip outside the U.S. lasting more than 6 months?
    Such trips may disrupt your continuous residence. You may need to provide evidence that you maintained ties to the U.S., such as proof of employment, homeownership, or tax filings during your absence.
11. How much time do I need to physically be in the U.S. before applying?
    You must have been physically present in the U.S. for at least half of the required residency period (e.g., 30 months out of 5 years, or 18 months out of 3 years).
12. Do I need to list every trip I’ve taken outside the U.S. on Form N-400?
    Yes, you must list all trips outside the U.S. lasting 24 hours or longer, including exact dates and destinations.

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Personal Information

13. Do I need to include my complete address history?
    Yes, you must provide all addresses where you have lived during the past 5 years (or 3 years if applying under the spousal provision).
14. What if I’ve had multiple employers in the past 5 years?
    List all employers and employment dates during the past 5 years. Include self-employment, unemployment, or school attendance if applicable.
15. Do I need to list all my children, even if they don’t live with me?
    Yes, you must list all your biological, adopted, or stepchildren, regardless of age, location, or citizenship status.

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Criminal History and Good Moral Character

16. What counts as a “crime” on the N-400?
    Any arrest, citation, or conviction (including expunged records) must be disclosed. This includes DUIs, misdemeanors, and other minor offenses.
17. Will a minor offense prevent me from becoming a U.S. citizen?
    It depends on the nature and timing of the offense. Some minor offenses may not impact your application, but more serious crimes or repeated offenses may indicate a lack of good moral character.
18. Do I need to include traffic tickets on Form N-400?
    Minor traffic violations (e.g., speeding tickets) typically do not need to be listed unless they involve an arrest or a fine exceeding $500.
19. What happens if I forget to disclose an arrest or conviction?
    Failure to disclose required information can lead to denial of your application or even legal consequences, such as deportation. Be honest and thorough.

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Application Process

20. What is the processing time for Form N-400?
    Processing times vary but generally take between 8–14 months, depending on the USCIS field office handling your case.
21. Will I be required to attend an interview?
    Yes, all applicants must attend a naturalization interview, where a USCIS officer will review your application and test your English and knowledge of U.S. civics.
22. What should I bring to the naturalization interview?
    Bring:

• A copy of your Form N-400.
• All original supporting documents submitted with your application.
• State-issued ID, green card, and travel documents (e.g., passport).
• Proof of any changes since filing (e.g., updated address, new marriage, or resolved criminal matters).

23. Can I reschedule my biometrics or naturalization interview?
    Yes, you can reschedule by contacting USCIS as soon as possible, but this may delay your application.

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English and Civics Test

24. What is included in the English and civics test?

• English Test: Reading, writing, and speaking.
• Civics Test: Questions about U.S. history, government, and laws.

25. Are there exemptions from the English or civics test?
    You may qualify for exemptions if:

• You are 50+ years old and have been a permanent resident for 20+ years.
• You are 55+ years old and have been a permanent resident for 15+ years.
• You have a qualifying medical condition (Form N-648 required).

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Special Situations

26. What if I change my name after filing Form N-400?
    Notify USCIS immediately. You can also request a name change during your naturalization ceremony.
27. Can I apply for naturalization while my green card renewal is pending?
    Yes, as long as you are a permanent resident, you can apply for naturalization even if your green card is expired or being renewed.
28. What happens if my application is denied?
    If denied, you can file Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings, to appeal. Alternatively, you can reapply after addressing the reasons for denial.
29. Can I travel while my N-400 application is pending?
    Yes, but maintain valid travel documents, including your green card and passport. Ensure you do not disrupt the continuous residence requirement.
30. What if I lose my green card during the process?
    File Form I-90, Application to Replace Permanent Resident Card, immediately and notify USCIS.

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Post-Application

31. When will I receive my naturalization certificate?
    You will receive your certificate during the oath ceremony after successfully completing the process.
32. Can I apply for a U.S. passport immediately after naturalization?
    Yes, you can apply for a passport using your naturalization certificate as proof of citizenship.
33. What if I move after filing Form N-400?
    Update your address with USCIS within 10 days of moving using Form AR-11 or your online USCIS account.
34. What is the oath of allegiance?
    The oath of allegiance is the final step in the naturalization process. By taking the oath, you renounce allegiance to other nations and pledge loyalty to the United States.
35. Can I bring guests to my oath ceremony?
    Policies vary by location. Check with the USCIS field office handling your ceremony for details.

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Here’s a more detailed and comprehensive FAQ for preparing and submitting Form N-400, covering common and uncommon questions in depth:

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Frequently Asked Questions for Form N-400: Application for Naturalization

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1. General Overview of Form N-400

What is Form N-400?
Form N-400 is the application used by lawful permanent residents (green card holders) to apply for U.S. citizenship through naturalization. It includes questions about your eligibility, background, residence, employment history, and moral character.

Who is eligible to file Form N-400?
You are eligible if you:

• Are at least 18 years old.
• Are a lawful permanent resident (green card holder) for at least 5 years (or 3 years if married to a U.S. citizen).
• Have continuously resided in the U.S. during this period.
• Meet the physical presence requirement (30 months out of 5 years or 18 months out of 3 years).
• Demonstrate good moral character (e.g., no serious crimes, consistent tax payments).
• Can speak, read, and write basic English and understand U.S. civics.

Can I apply if I am under 18?
No, Form N-400 is only for applicants who are at least 18. Children under 18 may derive citizenship automatically through their parents if certain conditions are met.

When is the earliest I can apply for naturalization?
You can apply up to 90 days before meeting the 5-year or 3-year residency requirement. USCIS will calculate this based on the date you became a lawful permanent resident.

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2. Preparing for Filing

What documents do I need to submit with Form N-400?
Here’s a detailed list:

1. Mandatory Documents:
   • Copy of your Permanent Resident Card (front and back).
   • Evidence of marital status (e.g., marriage certificate, divorce decree, annulment, or death certificate, if applicable).
   • Evidence of termination of prior marriages (if applicable).
2. Additional Supporting Documents (if applicable):
   • Passports or travel records covering the past 5 years.
   • Court documents for any arrests, charges, or convictions (even if records were sealed or expunged).
   • Selective Service registration proof (if you are a male who lived in the U.S. between ages 18–26 and were required to register).
   • Form N-648, Medical Certification for Disability Exceptions (if seeking an exemption from the English or civics tests due to a medical condition).
   • Evidence supporting good moral character (e.g., tax returns, community involvement, or military service records).

Do I need to translate foreign-language documents?
Yes, all documents in a foreign language must be accompanied by a certified English translation.

What is the current filing fee for Form N-400?
The filing fee is $725, which includes:

• $640 for the application fee.
• $85 for the biometric services fee. Fee waivers or reductions may apply if you meet income-based criteria.

How do I pay the filing fee?
You can pay online with a credit card or by check/money order if filing by mail. Checks should be payable to “U.S. Department of Homeland Security.”

Can I request a fee waiver or reduction?
Yes, you may submit Form I-912 (Fee Waiver) or Form I-942 (Reduced Fee Request) if:

• Your household income is at or below 150% of the Federal Poverty Guidelines (fee waiver).
• Your income is between 150% and 200% of the Federal Poverty Guidelines (fee reduction).

Do I need passport-style photos?
No, passport photos are generally not required if filing from within the U.S. However, applicants living abroad must include two passport-style photos.

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3. Residency and Travel Questions

What is the difference between “continuous residence” and “physical presence”?

• Continuous Residence: You must live in the U.S. without extended trips abroad. Trips longer than 6 months may disrupt your continuous residence.
• Physical Presence: You must be physically present in the U.S. for at least half of the residency period (e.g., 30 months out of 5 years).

What if I took a trip outside the U.S. longer than 6 months?
Trips lasting 6 months or more may disrupt your continuous residence unless you can prove ties to the U.S., such as:

• Evidence of ongoing employment in the U.S.
• Maintenance of a U.S. home or family.
• Continued tax filings as a U.S. resident.

How do I list my travel history?
You must list all trips outside the U.S. lasting 24 hours or longer within the last 5 (or 3) years, including:

• Dates of departure and return.
• Destinations.
• Duration of each trip.

Do short trips for business or emergencies count against my residency?
No, short trips generally do not affect continuous residence, as long as they are less than 6 months.

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4. Personal Information Questions

What if I changed my name?
If your name has changed due to marriage, a divorce decree, or other legal action, include evidence of the name change (e.g., court order, marriage certificate). You can also request a name change during your oath ceremony.

What if I don’t know exact dates for my address or employment history?
Provide the most accurate information possible. Approximate dates are acceptable, but deliberate inaccuracies may result in denial.

Do I need to list all my children?
Yes, include all biological, adopted, or stepchildren, regardless of age, residence, or citizenship status.

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5. Criminal History and Good Moral Character

What is “good moral character”?
Good moral character means adhering to U.S. laws and societal standards. Issues that may impact this include:

• Criminal convictions.
• Failure to pay taxes or child support.
• Providing false information to USCIS.

Do I need to disclose sealed or expunged criminal records?
Yes, you must disclose all arrests and convictions, even if they were sealed, expunged, or dismissed.

What types of crimes can disqualify me?

• Aggravated felonies (e.g., murder, rape).
• Crimes of moral turpitude (e.g., fraud, theft).
• Drug trafficking or smuggling. However, the impact depends on the nature and timing of the offense.

Will a traffic ticket affect my application?
Minor traffic violations, like speeding, usually do not affect your application unless they involved an arrest or resulted in a fine over $500.

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6. English and Civics Tests

What is on the English test?
The test includes:

• Reading: Read one sentence aloud correctly.
• Writing: Write one sentence correctly.
• Speaking: Respond to the officer’s questions about your application.

What is on the civics test?
You must answer questions about U.S. history, government, and laws. The officer will ask 10 questions from a list of 100, and you must answer at least 6 correctly.

Who qualifies for test exemptions?
You may qualify if:

• You are 50+ years old and have been a permanent resident for 20+ years.
• You are 55+ years old and have been a permanent resident for 15+ years.
• You have a medical condition that prevents you from meeting the requirements (submit Form N-648).

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7. After Filing Form N-400

What happens after I file Form N-400?

1. Receive a receipt notice.
2. Attend a biometrics appointment.
3. Complete the naturalization interview and tests.
4. Receive a decision (approved, continued, or denied).
5. Take the oath of allegiance at a naturalization ceremony.

Can I check the status of my application?
Yes, create an online USCIS account to track your application status.

Can I travel while my application is pending?
Yes, but maintain your green card and valid travel documents. Avoid long absences that could disrupt your continuous residence.

What if my application is denied?
You can appeal the decision by filing Form N-336 or reapply after resolving the issues.

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This detailed guide should address both common and uncommon questions, ensuring applicants are well-prepared for every aspect of the naturalization process.

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N-400 FAQs

What is Form N-400?
Form N-400 is the application for U.S. citizenship through naturalization. It is for lawful permanent residents (green card holders) to apply for U.S. citizenship.

Who can file Form N-400?
You must:

• Be at least 18 years old.
• Be a lawful permanent resident for at least 5 years (or 3 years if married to a U.S. citizen).
• Meet continuous residence and physical presence requirements.
• Show good moral character.
• Pass an English and civics test (with some exceptions).

Can I file Form N-400 online?
Yes, you can file Form N-400 online through the USCIS online account system. Or you can file a paper application by mail.

What should I do if I Move after filing?

• If you move after filing your N-400, notify USCIS within 10 days of your move so you receive all notices.

What if I live at college but my parents’ home address is my mailing address?

• If you are in college, list your physical and mailing address on the application.

What is the difference between N-400 and N-600?

• N-400 is for naturalization, N-600 is for Naturalization Certificate for those who acquired or derived citizenship automatically.

Can I file the N-400 if my I-751 is pending?

• Yes. You can file N-400 while I-751 is pending.

Can I travel outside the U.S. after filing Form N-400?

• Yes, but extended or frequent travel may affect your continuous residence requirement. It’s crucial to notify USCIS of any trips lasting 6 months or longer.

What if I have a criminal record?

• Certain criminal offenses can affect your eligibility. It’s essential to disclose all arrests and convictions, even if they were expunged or occurred outside the U.S. Consult an immigration attorney and obtain certified copies of the charge, the disposition, the docket, and evidence that all fines and the sentence have been satisfied. Talk to an experienced immigration lawyer.

What if my application is denied?

• If your application is denied, USCIS will provide a written explanation. You can request a hearing to appeal the decision by filing Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings, within 30 days of the denial.

Can I expedite my naturalization application?

• USCIS may expedite cases in certain situations, such as serious illness, military deployment, or other urgent circumstances. Submit a written request with evidence supporting your need for expedited processing.

What if I have a disability that prevents me from meeting the English and civics requirements?

• You may be eligible for an exemption if you have a physical or developmental disability or mental impairment. Submit Form N-648, Medical Certification for Disability Exceptions, completed by a licensed medical professional.

Can I change my name during the naturalization process?

• Yes, you can request a name change as part of your naturalization application. The name change will be granted during the oath ceremony if approved.

Are there any special considerations for military members?

• Members of the U.S. armed forces and certain veterans may be eligible for expedited or streamlined naturalization. Special rules apply, including exemptions from some requirements. Consult the USCIS website or an immigration attorney for details.

Can I apply for naturalization if I have a pending immigration petition for a family member?

• Yes, you can apply for naturalization even if you have a pending petition for a family member. The two processes are independent of each other.

What if my green card expires while my N-400 is pending?

• You should renew your green card if it is expiring soon, even if your naturalization application is pending. You can file Form I-90 to renew your green card. You can also use your N-400 receipt if it indicates that your green card was extended.

How do I update my address with USCIS after filing Form N-400?

• You must report any change of address to USCIS within 10 days. Use Form AR-11, Change of Address, or update your address online through your USCIS account.

Can my naturalization application affect my children’s citizenship?

• If you are naturalized before your children turn 18 and they meet certain conditions, they may automatically become U.S. citizens. This is known as derivative citizenship.

Can I include multiple addresses if I have lived at several places in the past five years?

• Yes, list all addresses where you have lived for the past five years, including dates of residence. Provide as much detail as possible.

What if I change my marital status after filing Form N-400?

• Inform USCIS of any changes to your marital status, as it can affect your eligibility. Provide updated documentation reflecting your current status.

How do I handle missing or lost documents needed for Form N-400?

• If you cannot obtain certain documents, provide a written explanation and any available evidence to support your claims. USCIS may ask for additional information or alternate documents.

Can I use a PO Box address on my Form N-400?

• You can use a PO Box for mailing purposes, but you must also provide a physical address where you reside.

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Preparation and Required Documents

1. What documents do I need to bring with my N-400?
   Typical documents:

• Permanent Resident Card (green card).
• State-issued ID (e.g. driver’s license).
• Marriage certificates, divorce decrees or death certificates of previous spouses (if applicable).
• Military service records (if applicable).
• Court records for arrests or convictions (if applicable).

2. Do I need a lawyer to file Form N-400?
   No, a lawyer is not required but can be helpful especially if your case is complex (e.g. criminal history, extended time outside the U.S., or previous immigration issues).
3. What is the filing fee for Form N-400?
   As of now, the filing fee is $760 if filing by mail: $710 if filing online. Fee waivers or reductions are available for eligible applicants.
4. How do I request a fee waiver or reduction?
   Use Form I-912, Request for Fee Waiver, or Form I-942, Request for Reduced Fee, and submit it with your N-400 application.
5. Do I need to include passport photos with my N-400 application?
   No. If you are filing online or in the U.S., no passport photos are required. If you are outside the U.S., two passport-style photos may be needed.

Residency and Travel

1. What is continuous residence?
   Continuous residence means you have lived in the U.S. as a permanent resident for at least 5 years (or 3 years if filing under the spousal provision), without being outside the U.S. for 6 months or more.
2. What if I was outside the U.S. for more than 6 months?
   Such trips may break your continuous residence. You may need to show you maintained ties to the U.S. such as proof of employment, homeownership or tax filings during your absence.
3. How long do I need to be physically in the U.S. before I apply?
   You must have been physically present in the U.S. for at least half of the required residency period (e.g. 30 months out of 5 years, or 18 months out of 3 years).
4. Do I need to list every trip I’ve taken outside the U.S. on my N-400?
   Yes, you must list all trips outside the U.S. for 24 hours or more, including dates and destinations.

Personal Information

1. Do I need to include my entire address history?
   Yes, you must provide all addresses where you’ve lived during the past 5 years (or 3 years if filing under the spousal provision).
2. What if I had multiple employers in the past 5 years?
   List all employers and employment dates during the past 5 years. Include self-employment, unemployment or school attendance if applicable.
3. Do I need to list all my children even if they don’t live with me?
   Yes, you must list all your biological, adopted or stepchildren, regardless of age, location or citizenship status.

Criminal History and Good Moral Character

1. What is a “crime” on the N-400?
   Any arrest, citation or conviction (including expunged records) must be disclosed. This includes DUIs, misdemeanors and other minor offenses.
2. Will a minor offense prevent me from becoming a U.S. citizen?
   It depends on the nature and timing of the offense. Some minor offenses may not be a problem, but more serious crimes or repeated offenses may indicate lack of good moral character.
3. Do I need to list traffic tickets on my N-400?
   Minor traffic violations (e.g. speeding tickets) do not need to be listed unless there was an arrest or a fine over $500.
4. What if I don’t disclose an arrest or conviction?
   Failure to disclose required information can result in denial of your application or even legal consequences, such as deportation. Be honest and thorough.

Application Process

1. How long does it take to process the N-400?
   Processing times vary but generally take 5-10 months depending on the USCIS field office that is handling your case.
2. Will I have to attend an interview?
   Yes, all applicants must attend a naturalization interview where a USCIS officer will review your application and test your English and knowledge of U.S. civics.
3. What do I need to bring to the naturalization interview?
   Bring:

• A copy of your N-400.
• All original supporting documents submitted with your application.
• State ID, green card and travel documents (e.g. passport).
• Proof of any changes since filing (e.g. updated address, new marriage or resolved criminal matters).

Can I reschedule my biometrics or naturalization interview?
Yes, you can reschedule by contacting USCIS as soon as possible but this may delay your application.

English and Civics Test

What’s included in the English and civics test?

• English Test: Reading, writing and speaking.
• Civics Test: Questions about U.S. history, government and laws.

Are there exemptions from the English or civics test?
You may qualify for exemptions if:

• You are 50+ years old and have been a permanent resident for 20+ years.
• You are 55+ years old and have been a permanent resident for 15+ years.
• You have a qualifying medical condition (Form N-648 required).

Special Situations

1. What if I change my name after filing my N-400?
   Notify USCIS right away. You can also request a name change at your naturalization ceremony.
2. Can I file for naturalization while my green card is pending?
   Yes, as long as you are a permanent resident you can file for naturalization even if your green card is expired or being renewed.
3. What if my application is denied?
   If denied you can file Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings, to appeal. Or you can reapply after addressing the reasons for denial.
4. Can I travel while my N-400 is pending?
   Yes, but keep valid travel documents, including your green card and passport. Don’t disrupt your continuous residence.
5. What if I lose my green card during the process?
   File Form I-90, Application to Replace Permanent Resident Card, immediately and notify USCIS.

Post-Application

1. When will I get my naturalization certificate?
   You will get your certificate at the oath ceremony after you complete the process.
2. Can I apply for a U.S. passport after naturalization?
   Yes, you can apply for a passport using your naturalization certificate as proof of citizenship.
3. What if I move after filing my N-400?
   Update your address with USCIS within 10 days of moving using Form AR-11 or your online USCIS account.
4. What is the oath of allegiance?
   The oath of allegiance is the last step in the naturalization process. By taking the oath you renounce allegiance to other countries and pledge allegiance to the United States.
5. Can I bring guests to my oath ceremony?
   Policies vary by location. Check with the USCIS field office handling your ceremony for details.

Your Next Step to Citizenship: Get Expert Help

This guide covers general, specific and unusual questions about the N-400 application process. For specific concerns or complex cases, it’s always best to consult an immigration attorney. The Herman Legal Group has the experience and the commitment to help you through the naturalization process. Call 18008084013.

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