A Deep Dive Into the N-400 Process: Timeline, Cost, and Requirements
By: Richard T. Herman, Esq.
For many foreign nationals, the ultimate immigration goal is to obtain citizenship in the U.S. Becoming an American citizen involves the acquisition of new rights and benefits, as well as new responsibilities and obligations.
The legal process by which permanent residents apply for U.S. citizenship is officially called naturalization.
Important steps towards achieving this goal are submitting the N-400 naturalization application that is being processed by the United States Citizenship and Immigration Service (USCIS) and attending the interview to determine whether you meet the requirements.
What are the Naturalization Requirements for U.S. Citizenship?
Age: be at least 18 years old on the date you file your citizenship application.
Lawful Permanent Residency: have had a permanent resident status: the minimum is 5 years (or 3 years if married to a US citizen).
Continuous Residence: you can’t travel outside the U.S. for extended periods that would break your residency status.
Physical Presence: you have been physically present in the U.S. for a certain period within the last 5 years (or 3 years if you are married to a U.S. citizen, or you were married to a U.S. citizen and got your permanent residency through VAWA or as a widow).
State Residency: You have lived in your current state or USCIS district for at least 3 months before applying.
Good Moral Character: broadly defined requirement means you have no criminal history for 5 years before filing and during the period leading to citizenship. Committing certain crimes such as immigration fraud, domestic violence or drug offenses will negatively affect your application.
Attachment to the U.S. Constitution: You must show allegiance to the principles and values of the U.S. Constitution. If you are a male and lived in the U.S. between 18 and 25, you need to register with the Selective Service System for military service before applying for U.S. citizenship.
Two-part Naturalization Test (English Language Test and Civics Test Requirement): You’ll need to pass both tests to show a basic understanding of spoken and written English, as well as U.S. history and government.
Exceptions to Naturalization Test Requirements
There are a few exceptions:
Age:
- 50 or older with 20 years old can skip English tests but must take Civics test.
- 55 or older with 15 years can skip both tests.
- 65 or older than 20 years can skip both tests and the Civics test has a reduced question pool (20 out of 100).
Disability:
- Applicants with disabilities (for example, learning disability, or mental impairment) that last or are considered a developmental disability for at least 12 months can be exempt from both tests with approval by a medical doctor (Form N-648), the Medical Certification for Disability Exceptions.
Military Service:
- Peacetime military service individuals who served at least one year are exempt from continuous residence and physical presence.
- Veterans with wartime service can file at any age and are besides the above-mentioned requirement, exempt from permanent residence status as well. They still must meet good moral character requirements for at least one year before filing and during the naturalization process.
U.S. Military Personnel:
- Permanent residents who are current or former members of the U.S. armed forces cannot have deserted or been discharged due to their non-U.S. citizen status. They must also meet various military service requirements to be eligible for naturalization.
When to Apply for U.S. Citizenship?
How long you can wait before you can file for naturalization generally depends on your situation.
Apply After 5 Years as a Green Card Holder
- Need to be physically present in the US for at least 30 months within those 5 years.
- If you meet the physical presence requirement, you can file 90 days before your 5th permanent residency anniversary.
Apply After 3 Years if Married to a United States Citizen
- Married to a U.S. citizen and living together and being a green card holder for at least 3 years.
- Physically present in the US for at least 18 months within those 3 years.
- Can file 90 days before your 3rd Green Card anniversary if you meet the presence requirement.
- (Exception: VAWA or widow(er) green card holders)
Peacetime and Wartime Military Service
a) Married to a United States citizen who died serving? File anytime.
b) Active Duty or recently separated ( 1+ year in peacetime US military)? File now.
- While on deployment (Green Card/presence requirement waived).
- Within 6 months of separating honorably.
c) Permanent resident (peacetime service, less than 1 year)? Wait 5 years as a Green Card holder with 30 months of physical presence (honorable service can count).
d) Lawful Permanent Resident (peacetime service, 1+ year, discharged > 6 months)? Similar to above (5 years, 30 months presence, honorable service can count).
e) Wartime service (any length): File anytime!
Important Note: Your spouse must be a U.S. citizen for at least 3 years (except for VAWA or widow(er) green card holders).
The Naturalization Process: Step by Step to Become a U.S. Citizen
Here’s a breakdown of the key steps for green card holders to follow:
Step 1: Application and Filing Fee
- Fill out Form N-400: The U.S. Citizenship and Immigration Services (USCIS) handles these applications, and you can also apply online. Be aware of the 90-day early filing rule.
- Pay the filing fees: A one-time application fee and a separate fee for fingerprinting and background checks.
- Wait for receipt notice: You’ll get a notice within a few weeks that USCIS has received your application. Make sure everything is filled out correctly to avoid delays.
Step 2: Biometrics Appointment
Once the first U.S. citizenship step is approved, you’ll get an interview appointment.
- Get fingerprinted and photographed: USCIS will schedule an appointment for you to give fingerprints and a photo.
- Background check: During the biometrics process, a USCIS officer will do a background check to verify your information.
Note: Bring your appointment notice (Form I-797C) and valid photo identification (such as your Green Card, passport, or driver’s license).
Step 3: Citizenship Interview at the USCIS office
- Meet with a USCIS officer: The interview will take place at a USCIS office and is to confirm your information, basic English and civics test, and whether you will perform civilian service or military for the U.S. if called upon to do so.
- Bring your income tax returns: Bring certified income tax returns for the last 5 years (3 years if you are married to a U.S. citizen).
- Answer truthfully: Make sure your answers match what you submitted in your application because your honesty will be on the test.
- Decision after the interview: The USCIS officer will tell you if your application is approved, denied, or needs further review (e.g. failed the civics exam).
Step 4: Naturalization Ceremony (if approved)
- Oath of Allegiance: If approved, you’ll get a notice for a naturalization ceremony.
- Certificate of Naturalization: After the ceremony, you’ll receive a Certificate of Naturalization as proof of U.S. citizenship.
- U.S. Passport: Immediately upon receiving your Certificate of Naturalization, you can file the DS-11 Application with the U.S. State Department to apply for a U.S. Passport.
How much does it cost to file for U.S. citizenship?
The United States Citizenship and Immigration Services USCIS has a new fee schedule for N-400 Naturalization Applications effective April 1, 2024.
Here’s the breakdown:
- Online Filing: $710 (with or without biometrics)
- Paper Filing: $760
Income-Eligible Applicants
No fee reduction for applicants whose household income is between 150% to 400% of Federal Poverty Guidelines. They will pay $380 regardless of filing method (online or paper) and biometrics.
Can’t afford to pay for your naturalization application fee?
- USCIS offers fee waivers and reduced fees to help eligible applicants.
- Who qualifies?
- People receiving government assistance based on income (means-tested benefits)
- Households with income below 150% of the Federal Poverty Guidelines
- Individuals with documented financial hardship
- Reduced Fee Option:
- Available for households with income between 150% and 400% of the Federal Poverty Guidelines
- Reduced fee is $380 (half the regular fee)
- Fee Waivers (Form I-192):
- Currently only available with paper applications (online coming soon)
- Seek legal help if unsure about eligibility
- Exempt Categories (Form N-400):
- Victims of human trafficking (T visas)
- Victims of certain crimes (U visas)
- VAWA self-petitioners and derivatives
- Abused spouses/children under CAA, HRIFA, NACARA
- U.S. military service members (depending on eligibility)
Can’t afford to pay for your naturalization application fee?
USCIS offers fee waivers and reduced fees to help eligible applicants.
Who qualifies?
- People receiving government assistance based on income (means-tested benefits)
- Households with income below 150% of the Federal Poverty Guidelines
- Individuals with documented financial hardship
Reduced Fee Option:
- Available for households with income between 150% and 400% of the Federal Poverty Guidelines
- Reduced fee is $380 (half the regular fee)
Fee Waivers (Form I-192):
- Currently only available with paper applications (online coming soon)
- Seek legal help if unsure about eligibility
Exempt Categories (Form N-400):
- Victims of human trafficking (T visas)
- Victims of certain crimes (U visas)
- VAWA self-petitioners and derivatives
- Abused spouses/children under CAA, HRIFA, NACARA
- U.S. military service members (depending on eligibility)
Can I Have a Dual Citizenship?
The U.S. allows you to become a U.S. citizen while keeping ties to your heritage country. But you need to understand how dual citizenship works and the consequences.
Citizenship responsibilities
- You owe allegiance to both the U.S. and your other country. In the event of a conflict between both countries, you owe primary allegiance to the U.S.
- This may mean following the laws of both countries and fulfilling any obligations, such as voting or military service (if required by the other country).
Effect on Your Native Citizenship
As other countries may have different policies, it’s highly recommended you contact the embassy or consulate of the country you are a citizen of to find out their stance on this.
Naturalization FAQs
1. What Do I Do If My Name Has Changed Since I Got My Green Card?
Submit legal proof of the name change with your N-400 application. Be consistent across all documents.
2. How Do I Fix Errors or Omissions in My Green Card Information?
Explain the errors and provide supporting documents. You may also need to file Form I-90 to correct it.
3. How Do I Show Continuous Residence and Physical Presence in the U.S.?
Submit documents such as tax returns, employment records, school transcripts, rental agreements, utility bills, and travel records.
4. What If I Miss My Biometrics Appointment?
USCIS will reschedule it but repeated absences can cause delays or denial.
5. How Long Does It Take to Process My N-400?
Processing times vary but generally 8-12 months. Check the USCIS website for current processing times.
6. How Do I Change My Address After I Submit the N-400?
Update your address using USCIS Form AR-11, Alien’s Change of Address Card, within 10 days of moving.
7. What Do I Do If I Make a Mistake on My N-400?
Notify USCIS as soon as possible. Fix errors at your biometrics appointment or naturalization interview.
8. What Happens If I Get Divorced During My N-400 Application?
If applying based on marital union to become a U.S. citizen, a divorce can affect your eligibility. You may have to wait longer to apply based on general eligibility requirements.
9. What If I Don’t Pass the English or Civics Test?
You have two chances to pass each part of the test. If you fail both, your application will be denied but you can reapply.
10. Can Military Service Expedite Your Application?
Active duty or veteran status can expedite your application and waive some naturalization requirements. Submit Form N-426, Request for Certification of Military or Naval Service, with your application.
11. Can I Naturalize If I Have a Pending Asylum Case?
No, you must first be granted asylum and then adjust your status to a lawful permanent resident before you can naturalize.
12. Can I File Form N-400 While My Form I-751 is Still Pending?
Yes, you can file Form N-400 while your Form I-751 is still pending. If you have submitted Form I-751 (Petition to Remove Conditions on Marriage) to obtain a full green card after your conditional green card, you may become eligible to apply for naturalization even while your I-751 is still being processed.
When you file Form N-400 in this situation, include the notice of receipt (Form I-797, Notice of Action) from USCIS confirming they are processing your I-751 petition.
13. Can I Naturalize If I Owe Child Support?
There is a good moral character issue with unpaid child support. Is this criminal conduct? You should consult with immigration experts to see if there are any mitigating circumstances.
14. Am I Ineligible for Naturalization if I mistakenly and unlawfully registered to vote and/or voted in a federal or state election?
Yes, but you might still be eligible. Here’s the key:
- Mistake matters: Did you honestly believe you could register?
- Timing matters: Did it happen within the past 3-5 years?
USCIS considers these when deciding your “good moral character.”
15. Can I leave the U.S. after naturalization, but before I get a passport?
No, U.S. citizens must enter and exit on a U.S. passport. You need to wait around a week after naturalizing to apply for your passport.
16. Can I Naturalize Through My Great-Grandparents?
Maybe, but it requires significant effort to gather documents: birth, death, and marriage certificates for your ancestors, ideally including the original documents from their home country, arrival information, and naturalization documents.
The National Archives (NARA) is a helpful resource. They can assist with document searches and may even have your ancestor’s naturalization records. Keep in mind that certain records are held by courts.
USCIS Resources for Form N-400 and Naturalization Test
Naturalization resources are key to the journey to U.S. citizenship. To help applicants with this process the U.S. Citizenship and Immigration Services (USCIS) offers a variety of online resources to guide and support you:
1. Citizenship Resource Center is a one-stop shop for all naturalization information. It has a wealth of study materials, guides, tools, and resources in multiple languages.
2. Materials for the English test and civics test include:
- Flashcards: Digital flashcards for U.S. history, government, and integrated civics.
- Reading and Writing Vocabulary Lists: Vocabulary you need to know for the English reading and writing tests.
- Interactive Practice Tools: Online tools to practice how to read, write, and speak basic English in a test-like format.
- Videos and Infographics: Educational videos and infographics to explain key concepts in an easy-to-understand way.
3. Civics Test simulates the actual civics test and allows you to practice answering questions about U.S. history and government. The test has multiple-choice questions randomly selected from the 100 civics questions.
4. 10 Steps to Naturalization (PDF) is a comprehensive guide that breaks down each step of the naturalization process.
5. Naturalization Eligibility Worksheet is an online tool to help you determine if you are eligible for naturalization.
6. Self-help guides and Webinarsprovide in-depth information on eligibility requirements, the application process, and preparation tips for the naturalization interview and test.
7. USCIS Contact Center has phone and email support where you can ask questions about your application, get help with technical issues with online filing, and get updates on your case status. The contact center also has live chat options for live assistance.
Seek Legal assistance: Citizenship and Naturalization Services
While it may seem straightforward, the process of obtaining U.S. citizenship can be complex. Consulting with an immigration lawyer before you apply for U.S. citizenship can significantly benefit you:
- Expertise: We understand the intricacies of the N-400 form and can guide you through each section, ensuring you provide accurate and complete information.
- Eligibility guidance: Lawyers can assess your eligibility for naturalization based on factors like physical presence requirements and good moral character.
- Document preparation: We can help you gather and organize the necessary documents, such as proof of permanent residency, tax returns, and character references.
- Avoiding delays: Incomplete or inaccurate applications can lead to delays and potential rejections. Legal assistance can minimize these risks, ensuring a smoother application process.
- Interview preparation: We can prepare you for the naturalization interview by simulating questions and practicing your responses. This can boost your confidence and help you present your case clearly and effectively.
Celebrate Success!
Hopefully, by following the recommendations in this Guide, you will have achieved an approved N-400 and become a U.S. citizen. Upon being sworn in as a U.S. citizen, it’s time to now celebrate. Welcome to joining the American Family!
