Trump’s Immigration Crackdown: Denaturalization is Back
President-elect Donald Trump has doubled down on one of his most outrageous campaign promises: deporting 15 million people, including some who are already naturalized U.S. citizens. While it may be virtually impossible to implement Trump’s grandiose ambitions due to the logistical and financial challenges of deporting millions, his administration will still devastate countless lives, including those who thought their citizenship was forever.
Among the tools at their disposal is the obscure judicial process of denaturalization—revoking citizenship granted to immigrants—making naturalized Americans deportable.
Going Beyond Terrorism and War Crimes
Becoming a naturalized U.S. citizen is supposed to mean you get all the rights and protections of citizenship. But the Department of Justice (DOJ) can take that away if they can prove fraud or misrepresentation during the naturalization process.
Historically, it was used sparingly and only in extreme cases, like targeting people with ties to terrorism, war crimes, or human rights violators who may have concealed such backgrounds.
Under the first Trump administration, this rarely used power is getting new attention, and what does it mean to be “truly American” and naturalized citizens are getting nervous.
This is a big expansion of immigration enforcement and has huge implications for immigrant communities and the entire legal system.
Most naturalized citizens will not be affected by Trump’s renewed efforts to denaturalize.
Who’s at Risk?
But those who naturalized by providing false material information (like not disclosing criminal history or obtaining citizenship under false identity) will be at greater risk.
Likely Targets:
- Those who didn’t disclose past deportation orders or criminal convictions.
- Those who naturalized under false identities.
- Naturalized citizens who committed crimes before they were citizens (and didn’t disclose).
What is Denaturalization?
Denaturalization is the legal process of taking away an individual’s U.S. citizenship. Established in 1906, this process allows the government to revoke citizenship if it was obtained by fraud, misrepresentation, or material omission that would have precluded naturalization.
This process allows authorities to strip citizenship from individuals who:
- Illegally Obtained Citizenship: Failing to meet the requirements.
- Committed Fraud or Misrepresentation: Hiding or lying about material facts in the naturalization process.
Denaturalization requires the government to prove an individual obtained citizenship by fraud or misrepresentation. Specifically:
- Willful Concealment: The applicant intentionally misrepresented or withheld information.
- Material Fact: The concealed fact would have made them ineligible for naturalization.
Until the first Trump administration, naturalization was rare and historically targeted serious offenders like war crimes or terrorism.
But someone like Elon Musk, whom many have speculated about his immigration journey, including allegations of working illegally on a student visa, could theoretically be at risk of denaturalization if he illegally worked in the U.S. while on an F-1 student visa, if he intentionally lied about that work, and if that unlawful employment would have made him ineligible for his green card and therefore citizenship.
Fear is part of the strategy
While denaturalization cases are few, the denaturalization efforts may be part of a broader strategy to scare immigrant communities and deter naturalization.
What’s next for immigration under Trump?
Experts say a second Trump administration will double down on policies to reduce both legal and illegal immigration.
Expected tactics
- Supercharged Denaturalization: Will expand despite the small number of cases compared to overall immigrant population.
- Legislative Changes: Will try to limit family-based immigration and visa programs.
- More Enforcement: More focus on investigating old applications for fraud.
How Denaturalization Works
Investigation:
Federal authorities review visa and citizenship applications for inconsistencies, inaccuracies, or omissions.
“Material” misstatements—those that if known would have prevented the applicant from becoming a citizen—are grounds for denaturalization.
Filing a Case:
- Denaturalization cases are filed in federal court where the government must prove its claims. Unlike criminal cases, defendants do not have the right to appointed counsel.
Outcome:
If successful, citizenship is revoked and the individual reverts to their prior immigration status. In most cases, this makes them deportable.
Denaturalization Facts
- Denaturalization does not result in deportation. Instead the individual reverts to their prior immigration status, such as a green card holder. But green card holders can be deported for certain crimes.
- The DOJ must prove its case in federal court as denaturalization requires judicial approval.
- As mentioned above, this process has historically been reserved for the most serious cases, such as terrorism, war crimes or significant fraud.
Why Naturalized Citizens?
Under Trump’s plan, naturalized citizens are not exempt from the administration’s broader deportation plans. Trump administration officials, particularly Stephen Miller, have been saying they will use denaturalization to expand enforcement beyond undocumented immigrants, idealizing past immigration policies from the 1920s to emphasize a cultural element in defining true membership in America.
The Strategy
- Expand Enforcement: Trump’s team will investigate tens of thousands of naturalized citizens for revocation.
- Broaden Criteria: No more limitations on cases. Even small mistakes on applications will be grounds for denaturalization.
- Revive “Operation Second Look”: This from Trump’s first term will supercharge denaturalization by reviewing old cases for any discrepancies, regardless of intent or harm.
The Philosophy
Stephen Miller, the architect of Trump’s immigration policies, has called for a “supercharged” denaturalization process. He says every inconsistency, no matter how small or unintentional, should be scrutinized to see if citizenship was granted improperly. His phrase “America is for Americans only” is a deeply exclusionary approach to immigration.
Denaturalization Consequences
The effects of denaturalization go far beyond the individual who loses citizenship. The ripples impact families, communities and the very fabric of U.S. immigration policy.
- Individual Consequences
- Loss of Citizenship: Revocation makes individuals deportable and strips them of their rights and privileges as U.S. citizens.
- Legal Vulnerability: Without citizenship individuals can’t vote, hold certain jobs or sponsor family members for immigration.
- Financial Burden: Defending against denaturalization requires expensive legal representation which many can’t afford. Without guaranteed counsel defendants are at a huge disadvantage.
- Family Consequences
- Naturalized Children: Minors who became citizens through their parents’ applications will lose their status if their parents are denaturalized.
- American Born Children: Trump has promised to end birthright citizenship so children born to immigrant parents will be stateless if their parents are denaturalized.
- Psychological Harm
- Even if you successfully defend your citizenship the process causes lasting harm:
- Stress and Fear: The possibility of losing your citizenship erodes your sense of belonging and security.
- Second Class Citizenship: Millions of naturalized Americans will start to feel like second class citizens, unsure of their status. The fear of denaturalization will erode their sense of permanence and equality.
- Even if you successfully defend your citizenship the process causes lasting harm:
- Wider Social Consequences
- As journalist Masha Gessen has written, a mass denaturalization campaign will create a system where immigrants live under constant suspicion, undermining trust in the U.S. immigration process and the American dream.
Why Should All Americans Care?
Denaturalization raises the question: what does it mean to be American and is citizenship really permanent?
- Citizenship as a Firewall
- Citizenship has always been seen as a barrier to deportation and a sign of full membership in American society. This effort blows that firewall apart.
- Immigration Policy
- The Trump administration’s rhetoric ties Americanness to culture or race, just like the restrictive immigration policies of the early 20th century. Critics say this undermines the idea of America as a nation of immigrants.
- Second Class Citizens
- Masha Gessen, a journalist and critic, says the denaturalization task force is telling naturalized citizens they are “second class citizens” living under a cloud of conditional acceptance.
History
Denaturalization has a long and uneven history in the United States. Understanding its past helps us understand the current threat to naturalized citizens.
1906 to Mid 20th Century: Setting the Precedent
- It was first codified in 1906 to revoke citizenship obtained by fraud.
- Denaturalization peaked during the World Wars and early Cold War.
- It was often used for political reasons, targeting individuals accused of disloyalty or radical political activity. For example:
- Emma Goldman, an anarchist and pacifist, was denaturalized during World War I for opposing the war.
- Naturalized citizens who joined Communist or Nazi organizations were denaturalized in the 1930s and 1940s.
Late 20th Century: Targeted Use
- Denaturalization was rare and focused on:
- War criminals
- Terrorists
- Human rights abusers
- Cases required evidence of deliberate fraud that would have prevented naturalization.
Post 1967 Restrictions
- The Supreme Court’s decision in Afroyim v. Rusk (1967) held that citizenship is a right, not a privilege and can’t be revoked for post naturalization behavior. Denaturalization could only be pursued if citizenship was fraudulently obtained in the first place.
21st Century: New Focus
- Under the Obama administration denaturalization was rare but used for severe cases, such as individuals concealing violent criminal histories.
- Example: Rasmea Odeh who failed to disclose a bombing conviction in Israel lost her citizenship.
Trump’s First Term: Operation Second Look
- Trump’s Department of Justice expanded denaturalization efforts big time.
- Key Moves:
- Hired dozens of new agents to review naturalization applications.
- Increased cases from a few dozen a year to thousands.
- Targeted individuals whose infractions caused little or no harm.
Biden Administration’s Response
On February 2, 2021 President Joe Biden signed an executive order to review and potentially reverse denaturalization. The order directed the attorney general and secretaries of state and homeland security to:
- Review Policies and Practices: Not use denaturalization and passport revocation excessively or unfairly.
- Promote Fairness: Re-examine denaturalization cases from the Trump era to see if they met the principles of justice and due process.
Advocacy and Reform
- Immigrant rights orgs called it a “good first step” but said more is needed to restore trust in the system.
- Advocates are calling for:
- Full reversal of denaturalization policies from the Trump administration.
- More transparency and oversight to prevent denaturalization abuse in the future.
Trump’s Denaturalization Task Force
During Trump’s first term denaturalization efforts expanded big time with resources shifted to review old naturalization cases for fraud. This included high profile initiatives like Operation Janus and Operation Second Look to find cases where individuals may have hidden information during the naturalization process.
In June 2018 USCIS Director L. Francis Cissna announced the creation of a denaturalization task force to investigate naturalized citizens. This was an expansion of Operation Janus, a long running program to target individuals who obtained citizenship fraudulently.
What is Operation Janus?
- Began in the 2000s Operation Janus reviewed hundreds of thousands of naturalization files to find individuals with past deportation orders or criminal records under other names.
- In 2017 the DOJ filed its first lawsuits under this program against individuals who used fake identities to get citizenship.
- The denaturalization task force is an expansion of these efforts, targeting thousands of cases found by Operation Janus.
Trump’s first administration diverted resources from new immigration applications to old cases:
Trump Era
- 2018: Then-USCIS Director Francis Cissna said they would refer 1,600 naturalization fraud cases to the DOJ.
- 2019: ICE shifted over $200 million to denaturalization efforts.
- Operation Janus uncovered old fingerprint files and found 858 cases of individuals who got citizenship despite having prior deportation orders or criminal records.
- 2020: The DOJ launched a denaturalization initiative and filed cases in federal court.
- Statistical Context:
- Between 2008 and 2020 the DOJ filed 228 denaturalization cases, 94 of them during the first three years of Trump’s presidency.
- Denaturalization became harder to prove after the Supreme Court’s 2017 decision in Maslenjak v. United States which raised the standard of proof for fraud in naturalization applications.
Case Study: Norma Borgono
One example of denaturalization under the Trump administration is Norma Borgono, a 63 year old Peruvian grandmother living in Miami. She became a U.S. citizen in 2007 but was later implicated in a mail fraud scheme through her work. Although she cooperated with authorities and did house arrest, the DOJ said she failed to disclose the criminal activity during the naturalization process. That omission, according to the government, was fraud and made her citizenship invalid.
This case shows how far the administration is willing to go, focusing on past crimes or omissions even if they weren’t intentional or material to the naturalization process.
Trump’s Expanded Approach
Previous administrations focused on national security and human rights cases. Trump’s administration expanded denaturalization to include crimes that occurred before naturalization but weren’t disclosed during the application process. This has a chilling effect on naturalized citizens.
Trump
- Broader Targets: Cases include individuals with lesser offenses such as omissions of minor past crimes or activities unrelated to their citizenship eligibility.
- More Resources: The task force hired more attorneys to review naturalization files, to prosecute thousands of cases.
- Expanded Definition of Fraud: Unintentional errors or omissions are being looked at for materiality.
Chilling Effect on Naturalization
Immigrant advocacy groups, including the ACLU, said the increased scrutiny would deter eligible green card holders from applying for citizenship, fearing retroactive investigations.
The Human Cost of Denaturalization and Immigration Policies
While the number of denaturalization cases is small, the human impact is big:
- Fear Among Immigrants: Increased investigations are causing anxiety among naturalized citizens, even those with minor errors in their applications.
- Family Separation: Restrictive policies are hitting immigrant families hard, delaying reunification and causing emotional trauma.
Long Term
- Over time these policies could reduce immigration by tens of millions, changing the demographic and economic fabric of the U.S.
Trump Immigration Policies and Their Legacy
The Denaturalization Section was one of several controversial initiatives under the Trump administration’s broader anti-immigration agenda which included:
- Travel Bans: Restricting entry from predominantly Muslim countries.
- Family Separation: Enforcing policies that separated children from their parents at the border.
- Asylum Restrictions: Implementing policies that severely limited the ability to claim asylum in the U.S.
Denaturalization fit into this pattern by targeting naturalized citizens, a group previously considered secure in their immigration status.
Threat to Birthright Citizenship
In addition to denaturalization, Trump has promised to end birthright citizenship, a constitutional right under the 14th Amendment. This would undermine the legal foundation of citizenship for children born in the U.S., further destabilizing immigrant families.
Consequences
- Millions of U.S. born children could have their citizenship challenged if Trump’s policies succeed.
- This would create stateless individuals, contrary to international law and human rights.
Immigration Policies in a Second Trump Term
Denaturalization is just one piece of the Trump administration’s overall plan to reduce immigration. Other likely actions:
- Blocking Green Card Categories: Eliminating visa programs like the diversity lottery which brings in 50,000 immigrants a year.
- Slowing Application Approvals: Increased scrutiny and bureaucratic hurdles for legal immigration applications.
- Family-Based Immigration: Measures that could leave many Americans unable to sponsor family members for green cards.
Social and Political Consequences
- Disappointed Sponsors: Many Americans trying to sponsor family members will be delayed or denied.
Labor Market
A smaller labor force could worsen existing shortages in healthcare, agriculture and construction
Economic and Demographic Impact
Economic Impact
- Labor Force Growth:
- Immigration has driven U.S. labor force growth, a major driver of economic growth.
- The combination of Trump’s policies and the pandemic between 2016 and 2022 already reduced GDP growth by 1.3 percentage points, according to a study by the National Foundation for American Policy (NFAP).
- Employers and Consumers:
- Employers will have trouble filling key positions due to labor shortages.
- Consumers will have reduced access to services provided by immigrant workers.
“Limiting both legal and undocumented immigration will slow overall economic growth and disrupt sectors that rely on immigrant labor.” – Robert Lynch, economics professor at Washington College
Tools to Stop Denaturalization
Defending Citizenship
Fighting denaturalization is hard. The system is stacked against you. The government has the upper hand.
No Right to Counsel
Unlike criminal cases, denaturalization cases do not provide legal representation. Many defendants, unaware of the legal process, can’t mount a proper defense and will lose their citizenship.
Burden of Proof
While the government must prove fraud, the complexity of immigration law leaves individuals vulnerable to accusations based on minor errors or omissions.
Costs
Legal fees to defend against denaturalization can be tens of thousands of dollars, out of reach for many.
Legal and Practical Implications
- What is “Material Fraud”?
- The Supreme Court in 2017 in Maslenjak v. United States ruled that only lies or omissions that would have prevented naturalization at the time can justify denaturalization. This limits the government’s ability to strip immigrants of citizenship for minor mistakes. The Supreme Court limited the government’s ability to revoke citizenship by requiring proof of material fraud for denaturalization. Courts can be a check on overreach if they follow this standard.
- Advocacy
- Organizations must educate the public about denaturalization and provide resources to those affected.
- More free or low-cost legal services is key to a fair trial.
- Community Support
- Immigrant communities and legal organizations can provide resources to those at risk and inform them of their rights.
- Public pressure on lawmakers can also move policy.
- Legislation
- Congress can pass laws to limit denaturalization and protect naturalized citizens from overreach.
Denaturalization Deep Dive
Denaturalization, the process of revoking U.S. citizenship from naturalized citizens, has been rare. Between 1990 and 2017 an average of 11 cases were pursued annually. But under Trump, that number has skyrocketed with a big increase in government resources and the creation of new offices and initiatives.
This guide explains the denaturalization process, the legal basis, recent developments and the implications for immigrants and the immigration system.
What is Denaturalization?
Denaturalization is the legal process of revoking a naturalized U.S. citizen’s citizenship. This can happen if the government proves the individual was not eligible for naturalization at the time it was granted or obtained citizenship through fraud or misrepresentation.
Legal Standards
- Government must meet high burden of proof:
- Civil cases: Clear, convincing and unequivocal evidence.
- Criminal cases: Beyond a reasonable doubt.
- Denaturalization cases must go through federal court so there is judicial oversight.
Grounds for Denaturalization
Denaturalization is governed by specific sections of U.S. law that outline when citizenship can be revoked:
- Illegal Procurement or Fraudulent Misrepresentation
- Statute: Immigration and Nationality Act (INA) § 340(a).
- Criteria:
- Citizenship was procured illegally or through concealment of a material fact, leading to the potential for citizenship annulled.
- Willful misrepresentation that affected the naturalization decision.
- Examples: Falsifying personal information, omitting past crimes or using false identities.
- Naturalization Fraud Convictions
- Statute: 18 U.S.C. § 1425.
- Criteria:
- Convicted of procuring or attempting to procure naturalization contrary to the law.
- Examples: Submitting fake documents or bribing officials during the application process.
- Wartime Military Service
- Statute: INA § 329(c).
- Criteria:
- Naturalization through wartime military service can be revoked if the individual is discharged under “other than honorable conditions” within five years.
- Example: Falsifying enlistment qualifications to get expedited citizenship.
- Refusing to Testify Before Congress
- Statute: Proviso to INA § 340(a).
- Criteria:
- A Cold War-era provision allowing denaturalization for refusing to testify about alleged subversive activities before Congress.
- Example: Used historically against suspected communists.
Initiatives and Developments
- Operation Janus
- Launched: 2010.
- Goal: Identify individuals who obtained citizenship or legal permanent residence under false identities or with prior deportation orders.
- Findings:
- A 2016 DHS OIG report found:
- 1,029 naturalized citizens with deportation orders under different identities.
- 315,000 missing fingerprint records for non-citizens with criminal convictions or final deportation orders.
- 148,000 old fingerprint cards not digitized or reviewed by ICE.
- A 2016 DHS OIG report found:
- Operation Second Look
- Launched: 2016.
- Goal: Expanded naturalization case audits to find discrepancies or fraud.
- Results: Denaturalization referrals increased 600% between 2017 and 2020.
- Denaturalization Section
- Created: February 2020.
- Location: Within the DOJ’s Office of Immigration Litigation.
- Mission:
- Prioritize and handle denaturalization cases.
- Investigate and litigate citizenship revocation.
- This is a big increase in denaturalization capacity.
Denaturalization Results
- Current Numbers
- Despite all the focus and resources, the number of individuals denaturalized is still very small:
- USCIS was going to refer 1,600 cases to the DOJ for prosecution.
- Between 1990 and 2017, an average of 11 cases per year were pursued.
- Systemic Issues
- Chilling Effect: The increased scrutiny may deter legal permanent residents from applying for citizenship, fearing retroactive investigations.
- Increased Delays: Diverting resources from application processing to investigations adds to an already overwhelmed immigration system.
- Bigger Picture
- Advocates say these efforts create a climate of fear and mistrust in immigrant communities.
- Critics argue this is part of a broader effort to limit immigration and discourage naturalization applications.
The Denaturalization Process
- Investigation
- USCIS or ICE finds fraud or misrepresentation in an individual’s naturalization process.
- Audits of old files (e.g. Janus and Second Look) often trigger investigations.
- Referral
- Cases are referred to the DOJ Denaturalization Section for review and prosecution.
- Filing
- DOJ files a civil or criminal case in federal court, stating the grounds for denaturalization.
- Court Proceedings
- Individual can contest the government’s claims.
- The government must meet high burden of proof.• The government must meet high burden of proof.
- Result
- If denaturalization is granted, citizenship is revoked and the individual reverts to their prior immigration status (e.g. lawful permanent resident).
- If no other status applies, the individual may be deported.
Legal Protections and Obstacles to Denaturalization
Supreme Court Cases
- Maslenjak v. United States (2017): The Supreme Court held that small mistakes or irrelevant statements cannot be used to denaturalize unless they were material to the naturalization decision.
Evidence Standards
- Denaturalization requires clear and convincing evidence in civil cases or beyond a reasonable doubt in criminal cases. These high standards are a check against arbitrary or abuse of denaturalization power.
Denaturalization in Civil Cases: Grounds and Process
Denaturalization—the revocation of U.S. citizenship—can be pursued in civil cases if the government proves the individual was not eligible for naturalization at the time it was granted. This page explains the legal grounds for civil denaturalization, the process and the key factors that can lead to citizenship revocation.
1. Grounds for Denaturalization in Civil Cases
A. Illegal Procurement or Concealment and Willful Misrepresentation
A naturalized citizen can be denaturalized if:
- Illegally Procured: The individual did not meet the legal requirements for naturalization.
- Obtained Through Concealment or Willful Misrepresentation: The individual knowingly made false statements or omitted material information to get naturalized.
These two often overlap as misrepresentation is often tied to illegally procured and invalid naturalization applications.
2. Key Requirements for Naturalization and Problems
- Naturalization requires the applicant to be a lawful permanent resident (green card holder) at the time of application.
- Fraudulent LPR Status: If the underlying green card was obtained fraudulently (e.g. through a sham marriage or misrepresentation on a visa application), the citizenship derived from it can be revoked.
- Historical Examples: Cases under the Displaced Persons Act of 1948 involved individuals who concealed their participation in Nazi persecution. Even indirect involvement, such as being a concentration camp guard, could disqualify an individual from getting a visa and subsequently naturalization.
Example:
Joe immigrated as an unmarried child of a lawful permanent resident. But he was married before immigrating and didn’t disclose it. Since his marriage made him ineligible for his green card, Joe’s naturalization can be revoked.
B. Continuous Residence
- Applicants must be present in the U.S. for five (or three) years before applying and until naturalization.
- Breaking Residency: Absences of one year or more break continuous residence. Absences of more than six months but less than a year may also break residency unless justified.
- False Claims: Making false statements about one’s residence or misrepresenting absences can lead to denaturalization.
Example:
An applicant lists their estranged spouse’s address as their own during the three-year marital period required for naturalization. If found out, this misrepresentation can be a ground for denaturalization.
C. Physical Presence
- Applicants must be physically present in the U.S. for at least half of the five (or three) years before applying.
- Omissions: Failing to disclose trips abroad that exceed the allowed time can lead to denaturalization.
Example:
Lupe traveled to Mexico frequently but didn’t list absences that exceeded the allowed time. When these omissions were found out, her case was referred for denaturalization.
- Applicants must show good moral character during the required period.
- Criminal History: Crimes committed before naturalization but not disclosed on the application can disqualify an individual from meeting this standard.
- Misconduct: Even minor misconduct, such as petty offenses or false testimony, can raise moral character issues.
Example:
An individual committed a crime before obtaining naturalization, but wasn’t arrested until after becoming a citizen. Their failure to disclose this crime during the application process can lead to denaturalization.
E. Attachment to Constitutional Principles and Good Order
- Applicants must take an oath of allegiance to the Constitution and show they are “well disposed to the good order and happiness of the United States.”
- Cold War-Era Provision: INA § 340(c) assumes that joining certain organizations within five years of naturalization means lack of attachment to constitutional principles.
Example:
A naturalized citizen joins an organization hostile to the U.S. Constitution within five years of becoming a citizen. Unless there’s countervailing evidence, they can be denaturalized.
3. The Denaturalization Process
- Investigation
- U.S. Citizenship and Immigration Services (USCIS) or Immigration and Customs Enforcement (ICE) finds potential fraud or ineligibility cases.
- Audits of old files or tips from other agencies trigger investigations.
- Referral
- Cases are sent to the Department of Justice (DOJ), specifically the Denaturalization Section, for prosecution.
- Filing a Case
- DOJ files a civil complaint in federal court, listing the reasons for denaturalization.
- Proceedings
- The government must show clear, convincing and unequivocal evidence in civil cases.
- The individual has the right to defend their case in court.
- Outcome
- If the government wins, citizenship is revoked and the individual goes back to their prior immigration status (e.g. lawful permanent resident).
- If no other status applies, the individual can be removed (deported).
4. Key Considerations and Safeguards
Legal Protections
- The government has a high burden of proof to avoid denaturalization being arbitrary or political.
- Supreme Court cases like Maslenjak v. United States (2017) have held that only material misrepresentations or omissions can justify denaturalization.
Impacts on Immigrant Communities
- Fear and Mistrust: The threat of denaturalization creates anxiety among immigrants, may discourage eligible individuals from applying for citizenship.
- Resource Allocation: Investigating past cases may take resources away from processing new applications, further backlogging an already backlogged system.
Denaturalization: Concealment, Misrepresentation, and Other Grounds
Denaturalization, the process of revoking U.S. citizenship, has many legal grounds and processes. This guide covers concealment, willful misrepresentation, military service, Cold War-era provisions, and the denaturalization process, including defenses and court cases.
I. Concealment and Willful Misrepresentation
Grounds for Revocation
Naturalization can be revoked if:
- Concealment of a Material Fact
- Willful Misrepresentation
The Supreme Court in U.S. v. Kungys said:
- Concealment must be willful, and misrepresentation must be of material facts.
- A fact is “material” if it has a “natural tendency” to mislead immigration officials, even if the concealed information wouldn’t necessarily have prevented naturalization.
Four Requirements
To revoke citizenship for concealment or misrepresentation the government must:
- Willfulness: The individual knowingly hid or falsified information.
- Concealment or Misrepresentation: False information or omissions during the naturalization process.
- Materiality: The concealed or false fact was relevant to the applicant’s eligibility.
- Intent to Procure Naturalization: The concealment or misrepresentation was to get citizenship.
II. Examples of Concealment and Misrepresentation
- Criminal History: Claiming not to have committed crimes or omitting arrests.
- False Testimony: Giving false answers during the naturalization interview.
- Address Fraud: Claiming to live at an address that is not the applicant’s actual home.
- Failure to Take the Oath: In rare cases, not completing all steps of the naturalization process, including taking the citizenship oath, has led to revocation.
- Court Precedent: If a question during the naturalization process was ambiguous and the applicant’s answer was reasonable, it can’t be fraud or concealment.
III. Wartime Military Service
Under INA § 329(a), non-citizens can naturalize through military service during wartime. But citizenship can be revoked if:
- The individual is discharged “other than honorably” before completing five years of military service.
Constitutional Questions
- Critics argue that revoking citizenship based on post-naturalization military conduct violates constitutional protections, as the Fourteenth Amendment protects citizenship unless voluntarily relinquished.
IV. Cold War-Era Provisions (§ 340(a) Proviso)
Naturalization can be revoked if, within 10 years of naturalization, an individual:
- Refuses to testify before Congress on “subversive activities.”
- Is convicted of contempt of Congress as a result.
This provision assumes the individual concealed material facts at the time of naturalization or didn’t have attachment to the Constitution. Though a relic of the Cold War, this provision is still on the books.
Constitutional Concerns
- The proviso’s assumption that future behavior means past concealment raises constitutional issues, including equal protection and due process concerns.
V. Denaturalization Process
Step-by-Step Guide
- Complaint Filing:
- Government files a complaint in U.S. district court, with supporting affidavits showing good cause.
- Jurisdiction is based on the defendant’s current residence.
- Investigation and Recommendation:
- USCIS investigates and recommends denaturalization.
- U.S. Attorney’s Office prosecutes the case.
- Burden of Proof:
- Government must prove its case by clear, unequivocal and convincing evidence.
- Courts must construe facts in favor of the naturalized citizen whenever possible.
Denaturalization Guidelines
- DOJ guidelines advise against revocation for minor errors or procedural irregularities unless there was fraud.
- Long standing good conduct after naturalization can weigh against revocation.
VI. Criminal Revocation of Citizenship
Statutory Basis
18 U.S.C. § 1425 requires courts to revoke citizenship when an individual is convicted of:
- Knowingly and unlawfully procuring naturalization.
- Producing false documents related to naturalization.
Burden of Proof
- In criminal cases, government must prove fraud beyond a reasonable doubt.
- Revocation is automatic upon conviction, no notice or hearing required.
Materiality Standard
- The false statement must have “played a role” in naturalization.
- Citizenship can’t be revoked for immaterial falsehoods unrelated to eligibility.
VII. Defenses Against Denaturalization
A. Eligibility for Citizenship
- If the individual can prove they would have been eligible for citizenship, denaturalization can’t proceed.
- Example: In Maslenjak v. U.S., the Supreme Court held that eligibility for citizenship is a complete defense even if fraud occurred during the process.
B. Factual Challenges
- Defendants can rebut government allegations by presenting evidence that challenges the facts of the case:
- Example: In a pre-WWII case, a court held that an individual who lived abroad temporarily successfully proved they intended to remain a U.S. resident and thus defeated denaturalization.
C. Procedural Errors
- Cases have been dismissed where the government failed to authenticate evidence as required by federal rules.
VIII. Broader Impact
Chilling Effect
Denaturalization could discourage eligible immigrants from applying for citizenship, fearing retroactive review of their applications.
Due Process
- Courts stress the importance of fairness and caution in denaturalization cases, given the value of U.S. citizenship.
Materiality
What is Materiality
- Materiality looks at whether the concealed or misrepresented fact had a “natural tendency” to affect the decision of the immigration official.
- Supreme Court Precedent: In Kungys v. United States, the Court held that a misrepresentation or omission must meet this standard to warrant revocation of citizenship.
Principles
- The information doesn’t have to have disqualified the applicant from naturalization; it just has to be relevant enough to have influenced the decision.
- Materiality is only required for cases of concealment or misrepresentation, not for illegal procurement of citizenship.
II. Legal Standards for Proving Materiality
1. Causative Connection
The government must prove that the misrepresentation or concealment either:
- Directly disqualified the individual, or
- Would have triggered an investigation that would have uncovered disqualifying facts.
Example: In Maslenjak v. United States, the Supreme Court held that the misrepresentation must have caused the individual to acquire citizenship. The Court said:
- If the misrepresented fact was itself disqualifying, the link to naturalization is obvious.
- If not disqualifying, the government must show that discovery would have revealed other disqualifications.
2. Burden of Proof
- Clear, unequivocal and convincing evidence.
- Courts require a lot of evidence to take away citizenship, given the value of citizenship rights.
III. Court Decisions on Materiality
Important Cases
- Kungys v. United States
- Misrepresentations about date and place of birth were immaterial because they were irrelevant.
- Maslenjak v. United States
- False statements about a spouse’s military service were evaluated for relevance to the eligibility criteria.
- Chaunt v. United States
- Failure to disclose old arrests for minor offenses was immaterial because the arrests were not for moral turpitude or eligibility.
Rejected Defenses
- Courts have rejected arguments that certain arrests or misstatements were immaterial if they would have closed off lines of inquiry that would have revealed disqualifying information.
IV. Defenses to Materiality
- Eligibility
- Example: In Maslenjak, the Court said showing eligibility at the time of naturalization can prevent revocation.
- Ambiguous Questions
- If a naturalization question is ambiguous, courts may find the applicant’s answer was not intentionally misleading.
- Example: In Nowak and Maisenberg, the Supreme Court held that questions about “anarchy” were too vague to require disclosure of Communist Party membership.
- Truthful Despite Misinterpretation
- The applicant can argue their answer was truthful based on a reasonable interpretation of the question.
- Example: In U.S. v. Profaci, the Second Circuit held that the question “Have you ever been arrested?” could be reasonably interpreted to only apply to U.S. arrests.
V. Procedural Defenses
- High Burden of Proof
- The government must show clear and convincing evidence that the misrepresentation was material to the naturalization.
- Courts are cautious when taking away citizenship long after it was given.
- Statute of Limitations
- Courts have held there is no statute of limitations on denaturalization.
- Procedural Errors
- Procedural errors, such as failure to give notice of denaturalization, can be grounds for dismissal.
- Example: In U.S. v. Ataya, the conviction underlying denaturalization was vacated due to procedural errors.
VI. Equal Protection and Materiality
Equal Protection Claims
- Naturalized citizens have argued that treating them differently from native-born citizens violates the Fifth Amendment’s Equal Protection Clause.
- Courts have held denaturalization statutes are constitutional, distinguishing between citizenship rights and fraud.
Important Cases
- Schneider v. Rusk
- The Supreme Court struck down a statute that discriminated against naturalized citizens living abroad, saying native-born and naturalized citizens are equal.
- Current Law
- While naturalized citizens can be treated differently for fraud-related revocations, it must be rational.
VII. Practical Considerations
- Consequences of Misrepresentation
- Misrepresentation, even if immaterial to eligibility, can raise moral character issues and impact future immigration applications.
- Example: False statements in other contexts can still create doubt about honesty during naturalization.
- Chilling Effect
- Fear of retroactive review and denaturalization may deter eligible immigrants from becoming citizens even if their applications are truthful.
- Long-Term Consequences
- Denaturalization proceedings show the importance of transparency and accuracy in naturalization applications to avoid problems later.
Equitable Discretion, Administrative Denaturalization and Derivatives
This guide covers denaturalization, including limits of judicial discretion, administrative denaturalization, consequences of losing citizenship and derivatives such as children and spouses.
I. Equitable Discretion in Denaturalization
Courts Cannot Exercise Discretion to Refuse Denaturalization
- The Supreme Court has said naturalization is a privilege, not a right. Courts have no “equitable discretion” to deny denaturalization if the statutory requirements were not met.
- Case: Fedorenko v. United States held denaturalization is mandatory if citizenship was obtained by illegal procurement or willful misrepresentation of material facts.
Government Negligence Is Not a Defense
- Applicants can’t argue the government’s failure to catch errors during the naturalization process wipes out grounds for denaturalization.
- Example: In U.S. v. Benavides, defenses like government negligence or comparative negligence were deemed irrelevant in denaturalization.
II. Administrative Denaturalization Enjoined
Limited Administrative Authority
- INA § 340(h) used to allow the Attorney General to administratively revoke naturalization but that power has been curtailed.
- Administrative revocation of naturalization is no longer allowed.
- Only federal courts can revoke citizenship through judicial proceedings.
- Administrative agencies like USCIS can cancel naturalization certificates if they were fraudulently issued but can’t strip individuals of citizenship.
Important Case: Xia v. Tillerson
- In this case, Chinese nationals challenged the administrative cancellation of their naturalization certificates.
- The court held:
- Canceling a naturalization certificate does not revoke the underlying citizenship.
- If citizenship is in question, the government must initiate judicial proceedings under INA § 1451.
III. Consequences of Denaturalization
Relation-Back Doctrine
- Revocation of citizenship is retroactive, as if the person was never naturalized.
- The individual reverts back to their pre-naturalization immigration status (e.g., LPR or undocumented).
Criminal Consequences
- Crimes committed after naturalization can’t be used as grounds for deportation once citizenship is revoked.
- Supreme Court Ruling: The relation-back doctrine doesn’t apply to post-naturalization crimes.
IV. Derivatives
Derivatives Defined
- Derivatives are individuals who claim citizenship through a parent or spouse, usually children born abroad or spouses of citizens.
Rules
- Concealment or Misrepresentation
- If a parent or spouse loses citizenship for these reasons, derivative citizens lose theirs too, wherever they are.
- Example: If a parent lied about prior convictions to get citizenship, the child’s derivative citizenship is also revoked.
- Illegal Procurement
- Derivatives don’t lose citizenship if the parent or spouse’s citizenship is revoked for illegal procurement.
- Example: A parent’s invalid marriage might void their citizenship but wouldn’t affect the child’s status.
- Other grounds (e.g. military service or subversive activities)
- Derivatives lose citizenship only if they are outside the U.S. at the time of the parent’s denaturalization.
Examples of Derivative Outcomes
- Military Service: If a parent gets citizenship through military service but is dishonorably discharged, children outside the U.S. lose their citizenship. Children in the U.S. keep theirs.
- Misrepresentation: If a parent lied on the application, derivatives lose citizenship wherever they are.
V. Derivative Citizenship Rules Summary
Grounds for Revocation
Grounds for Revocation | Living in the U.S.? | Living Outside the U.S.? |
Illegal Procurement | No loss of status | No loss of status |
Concealment or Misrepresentation | Citizenship revoked | Citizenship revoked |
Other Grounds (Military/Subversive Acts) | Retains citizenship | Citizenship revoked |
VI. Practical Considerations
Protecting Citizenship
- Naturalized citizens should be honest in their applications and aware of the consequences of their actions before and after naturalization.
Impact on Family Members
- Derivatives should monitor any legal challenges involving the principal applicant as the outcome may affect their status.
Administrative Errors
- Administrative errors in issuing certificates may require judicial resolution to determine the status of the affected individuals.
United States v. Farhane: A Denaturalization Case
The case of United States v. Abdulrahman Farhane is an important case related to denaturalization issue. This article breaks down the key events and implications of this big legal battle that affects naturalized citizens.
Background: Farhane’s Story
- Who is Abdulrahman Farhane?
- Moroccan-born, naturalized Muslim American living in Brooklyn.
- Built a life in the U.S. over 30 years, with two American-born kids.
- The Guilty Plea
- In 2006, Farhane pleaded guilty to federal charges, his lawyer advised him to do so.
- He served 11 years in prison, good time, and got out early.
- The Denaturalization Threat
- After his release, the Department of Justice (DOJ) started to pursue his U.S. citizenship revocation.
- If successful, Farhane would be deported and his children’s derivative citizenship would be revoked.
Legal Issues: Effective Counsel
- Ineffective Assistance of Counsel
- Farhane’s original lawyer didn’t tell him about the denaturalization consequences of his guilty plea.
- The omission is the basis of Farhane’s motion to vacate his plea.
- The Creating Law Enforcement Accountability & Responsibility (CLEAR) Project at CUNY Law, along with Wilmer Hale, represents Farhane.
- They argued that the failure to advise Farhane violated his Sixth Amendment right to effective counsel.
Court Proceedings: Timeline
Initial Proceedings
- 2019-2020: Farhane filed a 28 U.S.C. § 2255 motion to vacate his guilty plea.
- The district court denied the motion in March 2020.
- October 2024: The en banc court reversed the district court’s decision.
- Holding: Naturalized citizens must be advised of denaturalization and deportation consequences at the time of guilty plea.
What it means
For Naturalized Citizens
- Legal counsel must inform defendants of immigration consequences of guilty pleas.
- Stronger defense against retroactive denaturalization.
For Immigration Law
- Trump administration’s effort to expand denaturalization beyond war criminals and Nazis to Muslim Americans and other groups.
- Educates on due process for naturalized citizens facing legal trouble.
For Farhane and His Family
- Farhane keeps his citizenship and his children keep their citizenship.
- Big win for advocates and immigrant rights groups.
Expert Legal Help At Herman Legal Group, LLC
24/7 Support, Just A Call Away!

A Step-by-Step Guide to Becoming a U.S. Citizen
Becoming a U.S. citizen is a big deal and comes with big rights and big responsibilities. This guide breaks it down into 10 easy steps with fresh insights and tips to help you succeed.
Before you apply for citizenship, it’s important to know if you meet the eligibility requirements. Understanding the citizenship application process, including key steps like submitting Form N-400, attending biometrics appointments, and preparing for interviews, is crucial. Check to see if you qualify for any exceptions and accommodations.
Step 1: Are You Already a U.S. Citizen?
Before you start the naturalization application process, check if you might already be a U.S. citizen.
What to do:
- By Birth: If you were born in the United States or certain U.S. territories, you are a citizen by birth.
- Through Parents: If one or both of your parents were U.S. citizens when you were born, you may have acquired or derived citizenship automatically.
- If not, go to the next step.
Step 2: Are You Eligible for Naturalization
Eligibility for naturalization depends on residency, age, and good moral character, and navigating the citizenship process.
What to do:
- Use the Naturalization Eligibility Worksheet to see if you qualify.
- Key requirements:
- Be at least 18 years old.
- Have been a lawful permanent resident (Green Card) for at least 5 years (or 3 years if married to a U.S. citizen).
- Meet physical presence and continuous residency requirements.
- Be of good moral character.
- Pass the English and civics tests.
Step 3: Fill out Form N-400, Application for Naturalization
Form N-400 is your application for naturalization.
The U.S. Citizenship and Immigration Services (USCIS) is responsible for processing Form N-400.
What to do:
- Create an Account: File online and track your application.
- Fill out Form N-400. Follow the instructions carefully to avoid delays.
- Use the Document Checklist.
- Gather Documents:
- Permanent Resident Card (Green Card).
- Proof of marital status (if applicable).
- Evidence of physical presence in the U.S.
- 2 passport-style photos (if applying from outside the U.S.).
Step 4: Submit Form N-400 and Pay
What to do:
- File Form N-400 online or by mail.
- Pay the application fee online (currently $760 if file by mail; $710 if file online).
- Once you submit, USCIS will send you a receipt notice with your application.
- Use the receipt number to check your case status and processing times online.
Step 5: Biometrics Appointment (If Required)
Biometrics is the process of taking your fingerprints, photo and signature.
What to do:
- Look for an appointment notice from USCIS with the date, time and location.
- Be on time and bring the appointment notice, Green Card and any other required documents.
- Complete the biometrics process.
Step 6: USCIS Interview
This is the final step to determine your citizenship and includes the crucial citizenship test.
What to do:
- USCIS will schedule an interview and send you a notice with the details.
- Bring:
- Appointment notice.
- Identification documents (Green Card, passport, state ID).
- Any additional evidence USCIS asked for.
- Be prepared to:
- Answer questions about your application and background.
- Pass the English and civics tests.
Step 7: USCIS’s Decision
After the interview, USCIS will make a decision on your application.
Results:
- Approved: Your application is approved and you can take the Oath of Allegiance.
- Continued: USCIS may ask for additional evidence or reschedule tests you didn’t pass.
- Denied: If you are found not eligible, USCIS will tell you why.
Step 8: Oath of Allegiance Notice
What to do:
- If approved, USCIS may schedule your naturalization ceremony the same day as your interview.
- If not, they will mail you a notice with the date, time and location.
- Check your USCIS account for electronic notices.
Step 9: Take the Oath
This is the official ceremony to become a United States citizen.
What to do:
- Form N-445: Review and answer the questionnaire you get with your Oath Ceremony notice.
- Check-In: Bring your Green Card and Form N-445.
- Hand in your Green Card: You’ll give this up as part of the process.
- Take the Oath: Pledge to the U.S.
- Get your Certificate: Review your Certificate of Naturalization before you leave.
Step 10: Enjoy Your Rights and Responsibilities
As a U.S. citizen you have new rights and responsibilities.
Rights:
- Right to vote.
- Eligibility for federal jobs and elected offices.
- Sponsor relatives for immigration.
Responsibilities:
- Participate in the democratic process.
- Serve on a jury when called.
- Stay engaged and involved.
More Support
- Additional Resources
- USCIS Policy Manual: Citizenship and Naturalization
- 10 Steps to Naturalization Brochure (PDF, 790.4 KB)
- 10 Steps to Naturalization Brochure (Arabic) (PDF, 808.47 KB)
- 10 Steps to Naturalization Brochure (Chinese Simplified) (PDF, 862.85 KB)
- 10 Steps to Naturalization Brochure (Chinese Traditional) (PDF, 917.49 KB)
- 10 Steps to Naturalization Brochure (Haitian Creole) (PDF, 1.22 MB)
- 10 Steps to Naturalization Brochure (Korean) (PDF, 772.28 KB)
- 10 Steps to Naturalization Brochure (Spanish) (PDF, 760.9 KB)
- 10 Steps to Naturalization Brochure (Tagalog) (PDF, 745.71 KB)
- 10 Steps to Naturalization Brochure (Vietnamese) (PDF, 774.71 KB)
- 2008 Civics Test and English Test Study Materials
- Find Help in Your Community
- Free Naturalization Information Sessions

Naturalization FAQs
General
Naturalization Test
Residency and Travel
Interview and Documentation
Application Process
Medical and Disability Accommodations
More Questions
Get Ready
Now you’re better equipped to navigate the process. Good luck!
By doing this you’ll not only become a U.S. citizen but also be able to fully be part of the American way. Good luck!
Expert Legal Help At Herman Legal Group, LLC
24/7 Support, Just A Call Away!

The U.S. citizenship interview is a important and exciting milestone in your journey toward becoming a U.S. citizen. It is a moment where all your hard work and preparation come together as you take an important step closer to achieving your American dream.
During this interview, you’ll answer questions asked by a U.S. Citizenship and Immigration Services (USCIS) officer, who will assess your eligibility. Being well prepared and knowing what to expect can make all the difference in turning this experience into a successful one.
This guide is here to walk you through the process, providing you with the information and encouragement you need to approach your interview with confidence and determination.
What is the Citizenship Interview?
It’s a formal meeting where a USCIS officer will review your application and ask you questions to ensure everything is in order. This is also where you will demonstrate your knowledge of U.S. history, government, and your proficiency in English. Remember, this interview isn’t just a test—it’s an opportunity to show how far you’ve come and how ready you are to embrace your new life as a U.S. citizen.
Approach the interview with honesty, clarity, and calm. If a question is not clear, don’t hesitate to ask for clarification. This is your moment, and you have got this!
Types of Citizenship Interview Questions
During the interview, you will be asked a variety of questions, and you will need to pass a few tests. These questions usually fall into three main categories:
Personal and Background Questions
- You will discuss your background, including your full name, address, and date of birth. This helps USCIS confirm your identity.
- There may be questions about your green card status and any travel outside the U.S. since becoming a permanent resident.
Civics Test and History Questions
- Here, you’ll answer questions about U.S. history, government, and the Constitution. This is your chance to show your understanding of the country you are about to call home. You can prepare by reviewing the USCIS Civics Test Study Materials.
Application Verification
- The officer will verify the information in your application, so be ready to talk about your family, work, and tax records.
Preparing for the Naturalization Test
Study for the Civics Test
- Embrace Your Learning Journey: The civics test is your opportunity to dive deeper into the history and values of the United States. USCIS offers 100 possible questions, and you’ll need to correctly answer 6 out of 10.
- Practice with Passion: Regularly review the questions and engage in study sessions. Remember, each piece of knowledge brings you closer to your goal.
Review Your Application
- Know Your Story: Your application is a reflection of your journey. Review it carefully so that you are familiar with every detail. The USCIS officer will ask about the information you provided, so make sure everything is fresh in your mind.
Practice Your English
- Communicate with Confidence: Part of the process is demonstrating your ability to read, write, and speak in English. Take this as an opportunity to practice and refine your skills. Consider joining language classes or seeking help from a tutor if you need a bit of extra support.
Study Your Green Card File
- Own Your History: Your green card file contains your entire immigration story. Understanding this history will help you confidently answer questions about your permanent resident status. If you need to review your file, don’t hesitate to request a copy through a Freedom of Information Act (FOIA) request.
- One of the common errors: Don’t assume that the USCIS officer won’t scrutinize the consistency between the details in your old green card file and the information you’ve submitted in your N-400 application. For example, if the green card case was based on marriage to a U.S. citizen, but the marriage has since been terminated, the USCIS officer may explore whether there is any evidence of marriage fraud in obtaining the green card.

Key Areas of Focus
1. Personal and Background Information
- Be prepared to provide your full name, date of birth, and current address.
- Ensure you can also provide information about your nationality and any previous countries of residence.
2. Travel
- The USCIS officer may ask about any trips you have taken outside the country since becoming a green card holder. Be sure to know the dates and duration of any trips to foreign countries.
3. U.S. Government Structure
- Understand the basic structure of the U.S. government, including the roles of the President, Congress, and the Supreme Court.
- Know how many U.S. Senators and Representatives there are and the current officeholders. You can find this information on congress.gov.
4. U.S. History and Important Figures
- Study key historical events and figures, such as the Declaration of Independence, the Civil War, and Martin Luther King Jr. Be prepared to answer questions about these topics during the civics test.
5. The Supreme Law of the United States
- Becoming a U.S. citizen requires being familiar with the U.S. Constitution and its amendments. Understand the Bill of Rights and other key constitutional principles. Explore the Constitution to get a better understanding.
6. Family Information
- Be ready to provide information about your marriage, spouse, and children (whether they are non-U.S. or U.S. citizens). This includes their names, dates of birth, and places of residence.
- If your spouse is also applying for naturalization, be prepared to discuss their application as well.
7. Employment and Taxes
- The USCIS officer may ask about your employment history and your tax records. Ensure you can provide details about your current and past jobs, as well as your tax payments. For tax records, you can refer to the IRS website.
8. Legal and Criminal History
- Be prepared to discuss any encounters you have had with the police or any legal issues. This includes traffic violations, arrests, and any other interactions with law enforcement.

In-Depth Look at the Naturalization Interview Process
The interview process involves several key steps, including a preliminary review of your application by the USCIS officer, the actual interview, and a re-examination if necessary. Understanding these steps will help you approach the interview with greater confidence.
At the start of your interview, the USCIS officer will introduce themselves and clearly explain the purpose of the examination. They will also place you under oath, signaling the official start of this important process.
USCIS officers have a range of legal authorities, including the ability to:
- Administer Oaths: Placing you under oath to ensure that your testimony is truthful and accurate.
- Gather Testimony: Obtaining both oral and written testimony during the interview to assess your eligibility.
- Subpoena Witnesses: Calling upon witnesses if needed to support the examination process.
- Request Evidence: Asking for additional documents or information to clarify any aspects of your application.
- Administer the Oath of Allegiance: When delegated by the Field Office Director, the officer may also conduct the Oath of Allegiance ceremony.
During the interview, the officer’s questions will cover all necessary aspects of the naturalization requirements. While the primary focus will be on verifying the information you provided in your application, the officer may also ask any additional questions relevant to determining your eligibility.
Every answer you provide becomes part of the official record. Your responses, along with any amendments made during the interview, are documented and signed under penalty of perjury. These records, including any sworn affidavits and oral statements, create a comprehensive account of your interview.
In some cases, the officer may choose to record the interview or prepare a transcript or affidavit summarizing your testimony. You have the right to request a copy of these records through the Freedom of Information Act (FOIA).
At the conclusion of your interview, the officer will provide you with a notice of results, regardless of the outcome. This notice will clearly explain the results of your examination and outline the next steps, especially in cases where further action is needed.
Authorized Representatives
As you prepare for your naturalization interview, know that you do not have to face it alone. You have the right to bring a representative, such as an attorney or another accredited individual, to support you during the interview. If you choose to have someone with you, they will need to submit a properly completed notice of entry of appearance beforehand. And if, for any reason, you feel uncomfortable proceeding without your representative, don’t worry—the officer will reschedule your interview to ensure you have the support you need.
Interpreters
Language should never be a barrier to your success. If you’re eligible to use an interpreter during your interview, you can choose someone to assist you, or USCIS may provide one. The interpreter’s role is vital—they must translate everything said by both you and the officer without adding their own opinions or commentary. To ensure everything is clear and official, your interpreter will complete an oath and privacy release statement and provide a copy of their government-issued ID.

Preliminary Review of Application
Before your interview even begins, the USCIS officer will have already reviewed your application and “A-file”—a comprehensive record of your interactions with USCIS and other related agencies. This preliminary review helps the officer address all pertinent issues during the interview, ensuring that the process is thorough and that nothing is overlooked.
Importance of Knowing Your Old Immigration File
Your “A-file” is more than just paperwork—it is the story of your journey. This file includes all your interactions with USCIS, the legacy Immigration and Naturalization Service (INS), and other relevant agencies. Knowing what is in your file is crucial. Being familiar with its contents will help you answer questions accurately and confidently during your interview, reinforcing your readiness to take this important step toward citizenship.
Filing a Freedom of Information Act (FOIA) Request
If you do not have access to your old immigration file, you can file a FOIA request to obtain it from USCIS. Here’s how:
- Submit a FOIA Request: File a Freedom of Information Act request using Form G-639, available on the USCIS website.
- Provide Necessary Details: Include your full name, date of birth, and A-number to help USCIS locate your records.
- Wait for Processing: USCIS will process your request and send you a copy of your A-file.
- Review Your File: Thoroughly review your file to understand your immigration history and prepare for potential questions during your interview.
General Contents of A-File
The applicant’s A-file may include the following information along with their naturalization application:
- Documents that show how the applicant became an LPR
- Other applications or forms for immigration benefits submitted by the applicant
- Correspondence between USCIS and the applicant
- Memoranda and forms from officers that may be pertinent to the applicant’s eligibility
- Materials such as any criminal records, correspondence from other agencies, and investigative reports and enforcement actions from DHS or other agencies.
Jurisdiction for Application
When you submit your naturalization application, it’s handled by the USCIS office that has jurisdiction over your residence at the time of filing. This office is responsible for processing and adjudicating your application. However, if you move after filing, your case might be transferred to a different USCIS office that now has jurisdiction over your new location. The USCIS officer will review your case to ensure it’s being processed in the correct jurisdiction, and if needed, they’ll transfer your application to the appropriate office to keep everything on track.
1. Discovering Your Field Office
Curious about which USCIS office will be handling your interview? Here’s how you can ascertain:
- Check Your Receipt Notice: After you file your Form N-400, you’ll receive a receipt notice from USCIS. This notice typically includes the details of the USCIS office processing your case.
- Visit the USCIS Website: Use the USCIS Office Locator tool on their website. Simply enter your zip code, and you will see which field office has jurisdiction over your area.
- Call USCIS Customer Service: If you’re still unsure, give USCIS Customer Service a call at 1-800-375-5283. They can help you determine which field office will be conducting your interview.
Results of Background and Security Checks
Before your interview, a USCIS officer will ensure that all necessary background and security checks have been completed. These checks are a crucial part of the process, ensuring that everything is in order. The results of these checks will be included in your record, adding another layer of thoroughness to your application review.
Other Documents or Requests in the Record
1. Requests for Accommodations or Disability Exceptions
USCIS is committed to making the naturalization process accessible to everyone, including applicants with disabilities. If you need accommodations during your examination, such as an oath waiver or a medical disability exception from the educational requirements, the officer will review your application to ensure your needs are met. They will make the necessary modifications to the process, so you can focus on your interview with confidence.
2. Previous Notice to Appear, Order to Show Cause, or Removal Order
If you’ve had any previous or ongoing removal proceedings, such as a Notice to Appear or an “Order to Show Cause,” the USCIS officer will carefully review these records as part of your application. USCIS generally denies naturalization applications for individuals in removal proceedings, with some exceptions for cases involving military service. However, if you have reentered the United States with the proper documentation after being removed, or if you are filing under military naturalization provisions, your application may still be considered.

Requests for Evidence, Notices of Intent to Deny, Denial, and Appeal
Requests for Evidence (RFE)
Sometimes, the USCIS officer reviewing your naturalization application might need a bit more information to make a final decision. When this happens, they’ll send you a Request for Evidence (RFE). This document will detail exactly what additional information or documentation they need from you, along with a deadline for when you need to submit it.
- Review the RFE Carefully: Take your time to understand exactly what’s being requested. This is your chance to clarify any missing details or provide necessary documents.
- Gather the Required Information: Collect all the documents and information that USCIS has asked for. It is important to be thorough and precise.
- Submit Your Response on Time: Ensure you submit the requested evidence by the deadline. Timeliness is key to keeping your application on track.
Notices of Intent to Deny (NOID)
If the USCIS officer determines that your application doesn’t meet the eligibility requirements, they may issue a Notice of Intent to Deny (NOID). This notice will explain why they are considering denying your application, giving you a chance to respond and provide additional evidence.
- Understand the Reasons for NOID: Carefully read through the NOID to grasp why your application might be denied. It is essential to understand the specific issues raised.
- Gather Supporting Evidence: If you have any additional evidence that can address the concerns mentioned in the NOID, now is the time to collect and organize it.
- Submit a Timely Response: Make sure you respond by the deadline provided in the NOID, including all the necessary supporting documents to strengthen your case.
Denial of Application
If USCIS ultimately decides to deny your naturalization application, you will receive a written notice explaining the reasons for the denial. Common reasons include not meeting residency requirements, insufficient evidence of good moral character, or not passing the English and civics tests.
- Review the Denial Notice: Understand the specific reasons for the denial. This knowledge will help you determine your next steps.
- Consider Your Options: Depending on why your application was denied, you may have the opportunity to address the issues, reapply, or appeal the decision. Don’t lose hope—there are often paths forward.
Appeal Process
If your application is denied and you believe the decision was incorrect, you have the right to request a hearing with a USCIS officer to appeal the decision. This appeal is done by filing Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings.
- File Form N-336: Submit this form, along with the required fee, within 30 days of receiving the denial notice. This step initiates your appeal process.
- Prepare for the Hearing: Gather any additional evidence or documentation that supports your case. This is your opportunity to present new or overlooked information.
- Attend the Hearing: Be ready to present your case and any supporting evidence to the USCIS officer during the hearing. This is your chance to clarify and advocate for your eligibility.
Subsequent Re-examination
In some cases, USCIS may schedule a follow-up examination (re-examination) to reassess your eligibility. This might occur if you provided additional evidence in response to an RFE or if there were issues during your initial examination.
- Review New Evidence: The officer will consider any new evidence you submitted in response to the initial RFE or during the re-examination itself.
- Re-testing (if necessary): If your initial examination included educational requirements you did not meet, such as the civics or English tests, the re-examination offers another chance to demonstrate your knowledge.
- Opportunity to Overcome Deficiencies: The re-examination is a valuable opportunity to address any gaps or issues in your application. The timing for a re-examination usually falls between 60 and 90 days after your initial interview.
If, after this re-examination, you are still unable to meet the requirements, the officer may deny your naturalization application. However, you still have the right to request a hearing before a USCIS officer to appeal this decision.
What are some common N-400 interview questions?
Some questions you might be asked during the N-400 interview include:
- Personal Information: What is your full name? Where do you live? What is your date of birth?
- Permanent Resident Status: When did you obtain your permanent residence status? Do you have your green card with you? Have you ever lost your green card?
- Travel Records: Have you traveled outside the country since you obtained your green card? Can you provide the dates and duration of your trips to other countries? What was the purpose of your travel?
- Civic and History Knowledge: Who was the first President of the United States? What are the two major political parties in the U.S.? How many amendments does the U.S. Constitution have?
- Application Verification: Can you verify the information about your spouse and children and their nationality? What is your current job, and where do you work? Have you filed all required tax returns?

FAQs
Your citizenship interview is not just a test; it is a celebration of the incredible journey you have undertaken. By preparing thoroughly—studying civics, reviewing your application, practicing your English, and understanding your immigration history—you are setting yourself up for success.
Remember, you have come this far, and you are almost at the finish line. Stay positive, stay focused, and soon you’ll be taking the oath as a proud U.S. citizen. For additional support and to ensure your rights are protected, consider reaching out to the dedicated attorneys at Herman Legal Group at 1-800-808-4013. They are here to help you navigate this important process with confidence.
Additional Resources
Expert Legal Help At Herman Legal Group, LLC
24/7 Support, Just A Call Away!

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.
General Eligibility Requirements
- 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
Key Takeaways
To apply for naturalization, you must meet several key eligibility criteria. Here are the main requirements:
- Age: You must be at least 18 years old when filing.
- Lawful Permanent Residency: Hold lawful permanent resident (LPR) status for at least 5 years (or 3 years if married to a U.S. citizen).
- Continuous Residence: Live continuously in the U.S. for at least 5 years (or 3 years for spouses of U.S. citizens).
- Physical Presence: Spend at least 30 months (913 days) physically in the U.S. during the 5 years before filing.
- Residence in USCIS District: Reside in your state or USCIS district for at least 3 months prior to filing.
- Good Moral Character: Demonstrate good moral character during the review period.
- Attachment to Constitutional Principles: Show an attachment to the principles of the U.S. Constitution.
- 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.
- You may qualify for an exception to the English and civics tests if:
- 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.
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
- Identify Your Residency Start Date:
- Locate the “Resident Since” date on your Permanent Resident Card (Green Card).
- 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.
- 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.
- 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.
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.
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.
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.
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.
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.
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:
- Lawful Admission: Prove you were admitted as a lawful permanent resident.
- 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:
- Find Your Green Card Date: Look at the issue date on your green card.
- Add the Required Wait Period: Add 3 or 5 years (depending on your eligibility) to the issue date.
- 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
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:
- Select “No” in Part 10, Item Number 1 of Form N-400.
- Skip the remainder of Part 10 and proceed to Part 11.
- Submit the filing fee:
- Paper Filing: Pay $760.
- Online Filing: Pay $710.
2. If You Are Requesting a Reduced Fee
- Steps to Complete:
- Select “Yes” in Part 10, Item Number 1.
- Complete all questions in Part 10 to provide information about your eligibility for a reduced fee.
- 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:
- Skip Part 10, Item Number 1 entirely.
- Do not include any payment.
- Submit a completed Form I-912, Request for Fee Waiver, or a written request explaining your financial situation.
- Include documentation supporting your fee waiver request, such as proof of financial hardship or government assistance.
In addition to application 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:
Mailing Your Application
You can file online through the USCIS website or by mail. Online filing is faster and provides immediate confirmation of receipt.
- Use the correct address as indicated on the USCIS website to avoid mis delivery.
- 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.
7. Attend Biometrics Appointment: After submitting your application, USCIS will schedule an appointment for you to provide fingerprints and photos.
8. 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.
9. 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 account to:
- 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.
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
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
- Locate the Edition Date:
- Look at the bottom of the page on both the form and the instructions to confirm the date.
- Check for Consistency:
- Ensure that all pages of the form have the same edition date. Mixing pages from different editions will lead to rejection.
- 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
- Access the form from the official source to guarantee authenticity.
- 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.
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.
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.
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.
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.
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.
Other Documentation to Support Your N-400 Application
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.
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
- Status information letter from the Selective Service (if applicable).
- A personal statement explaining your reasons for failing to register.
- 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.
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.
- 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.
- 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
- Form N-426, Request for Certification of Military or Naval Service.
- Photocopy of military orders if actively serving.
- DD Form 214, NGB Form 22, or similar discharge documentation if separated.
- 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.
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.
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
- 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
- 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:
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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:
- 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.
- Your LPR status must be based on one of the following:
- Age Requirement:
- You must be at least 18 years old.
- Continuous Residence:
- You must have continuously resided in the U.S. for at least three years as an LPR.
- 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.
- Residence in USCIS Jurisdiction:
- You must have lived in the state or USCIS district where you apply for at least three months before filing.
- 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
- 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.
- Qualified Employment:
- Your spouse’s employment must be scheduled to last at least one year after you file Form N-400.
- LPR Status:
- You must already hold lawful permanent resident status.
- 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.
- Physical Presence for the Oath:
- You must be physically present in the U.S. when taking the Oath of Allegiance.
- 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.
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
- Benefits of Representation: Having an at
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.
- 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
- Benefits of Representation: Having an at
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
- 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.
- Review the RFE Thoroughly
- Understand what is being requested and why.
- The notice references specific sections of your application and acceptable documentation.
- Prepare Your Response
- Collect the required documents.
- Include a cover letter summarizing the evidence and referencing your case number.
- 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.
- Await a Decision
- After reviewing the evidence, USCIS will either approve your application, request further clarification, or issue a NOID or denial.
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
- 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.
- Evaluate the Issues
- Review the reasons for the NOID and determine the necessary evidence or arguments to refute them.
- Seek Professional Help (if applicable)
- Consider consulting an immigration attorney, especially for complex issues.
- Prepare Your Response
- Draft a response addressing each issue raised in the NOID.
- Include supporting documentation and, if necessary, legal arguments to demonstrate eligibility.
- 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.
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
- 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.
- 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 an Administrative Appeal (Form N-336):
Filing an Administrative Appeal (Form N-336)
- Complete Form N-336
- Clearly state why the denial was incorrect and include supporting evidence.
- Submit the Form
- File the form within 30 days of receiving the denial notice.
- 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.
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
- Exhaust Administrative Remedies
- Before filing in federal court, you must complete the administrative appeal process by filing Form N-336 and receiving a decision.
- 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.
- Serve USCIS and the Department of Justice
- Provide copies of the complaint to the relevant USCIS office and the Department of Justice.
- 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.
- Await the Court’s Decision
- The federal judge will issue a ruling, which may either uphold USCIS’s denial or grant your naturalization application.
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.
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.
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).
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.
USCIS RESOURCES
The following resources from USCIS provide great learning opportunities for those interested in applying for U.S. naturalization.
Learn About Citizenship
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

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:
- Lawful Permanent Resident for at least 5 years.
- Spouse of a U.S. Citizen (3 years as LPR).
- VAWA self-petitioner.
- Spouse of a U.S. Citizen employed abroad.
- Military service during hostilities.
- 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.
- What You Should Know:
- 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.
- What Is an OAN?
- 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.
- How to Complete:
- 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
- What You Need:
- What to Include:
- 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.
- For stateless individuals:
- 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:
- Answer “Yes” to Item 11 if requesting an exception.
- Submit Form N-648, Medical Certification for Disability Exceptions.
- Action Steps:
- 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.
- Answer “Yes” to:
- 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.
- How to Complete:
Part 3. Biographic Information
- Ethnicity:
- Hispanic or Latino:
- Race:
- American Indian or Alaska Native:
- 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.
- Includes people originating from the Far East, Southeast Asia, or the Indian subcontinent. Examples:
- Black or African American:
- Includes individuals with origins in any of the Black racial groups of Africa.
- Native Hawaiian or Other Pacific Islander:
- Includes people originating from Hawaii, Guam, Samoa, or other Pacific Islands.
- White:
- Includes individuals with origins in Europe, the Middle East, or North Africa.
- Height:
- Weight:
- Enter weight in pounds.
- If unsure, or if under 30 pounds or over 699 pounds, enter “000.” Do not use kilograms.
- Eye Color:
- Choose the color that best describes your eyes from the provided list.
- 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.
- The information you provide here helps USCIS determine if you meet the requirements for:
How to Complete:
- 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.
- List all places you have lived during the required period based on your eligibility:
- 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.
- Indicate your current marital status by selecting the appropriate box:
- For Military Spouses:
- If your spouse is a member of the U.S. armed forces:
- Select “Yes” and provide documentation, including:
- Proof you are authorized to accompany them under their official orders.
- Evidence of their military service.
- Select “Yes” and provide documentation, including:
- If your spouse is a member of the U.S. armed forces:
- Marriage History:
- Previous Marriages:
- Current Spouse Information:
- Provide their:
- Legal name.
- Date of birth.
- Date of marriage.
- Physical address (if different from yours).
- Provide their:
- Spouse’s Citizenship:
Eligibility Based on Marriage to a U.S. Citizen:
- To qualify for naturalization, you must meet the following:
- Be legally married to a U.S. citizen who resides in the U.S.
- Maintain the marriage until the Oath of Allegiance.
- Have lived in marital union for at least 3 years.
- Your spouse must have been a U.S. citizen for at least 3 years.
- You must have been a lawful permanent resident (LPR) for at least 3 years.
Required Evidence:
- 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).
- Examples:
- Marriage Documentation:
- Provide your marriage certificate.
- Include divorce decrees, annulments, or death certificates for prior marriages (if applicable).
- 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.
- Examples:
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.
- VAWA Applicants:
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.
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.
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:
- Federal Tax Returns: Include a copy of each household member’s most recent federal tax return.
- Income Documentation: If tax returns don’t reflect current income, submit pay stubs, W-2 forms, or employer statements.
- 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.
Completing the Application
Part 1: 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 2: 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 3: 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 4: Additional Information
- Extra Details: Use this section to provide additional information that didn’t fit in earlier sections.
At Your Interview
Part 1: Signature at Interview
- Leave Blank: You will sign this section during your interview with the USCIS officer.
Part 2: 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.
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.
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.

FAQs
General Questions
Preparation and Required Documentation
Residency and Travel
Personal Information
Criminal History and Good Moral Character
Application Process
English and Civics Test
Special Situations
Post-Application
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.
Expert Legal Help At Herman Legal Group, LLC
24/7 Support, Just A Call Away!
Client: US Permanent Resident
Client’s Country of Origin: Greece
Case Type: N-400 Application for Naturalization; Voter Registration
Voter registration has become a rising issue for immigration firms and their clients nationwide. While holding permanent resident status in the US, those who are not citizens are unable to register to vote—it is illegal. Furthermore, if a non-US citizen has a record of voting, this act is a strict liability offense and can immediately place him or her in deportation proceedings.
Regardless, BMVs have been registering people despite their status and continue to do so. Many of us observe registration tables set up in high-traffic locations: shopping malls, grocery stores, and other public areas where people convene.
It is likely that representatives at the stands must meet a quota of persons to register, or maybe receive payment per registration. Nevertheless, a simple application or innocent signature obtained by a non-US citizen puts his or her life at a huge risk. Several immigration cases have arisen out of this context, leaving immigration firms and national media at large attention for dealing with this issue.
In this case, our client fell victim to the act. She had been passing through a parking lot of an Illinois shopping mall and was approached by a voting booth representative. Asked if she is registered to vote, our client stated she is not a US citizen.
The representative asked if she is married to a US citizen, and if so, she is able to vote due to that status. Lastly, the representative stated that she would not receive her voter registration card in the mail in the event that she is not a citizen.
Due to these guaranteed statements, our client sincerely believed the representative, and months later, received a voter card in the mail. She was ecstatic in the belief that this meant she is a citizen, that she now has the civic duty to vote, and subsequently voted in the following presidential election.
Later did our client realize, she was incorrectly informed and still needed to apply for citizenship, all the meanwhile she fell significantly ill. After her naturalization interview, records showed that she had voted multiple times.
To her dismay, she was shocked to learn that she had voted more than once. At this point, our client feared her denial of citizenship and even her status living in the States. Attorney Richard Herman of Herman Legal Group assisted her in the following matter. He responded to the USCIS in gathering significant evidence as to why our client’s incident should be excused and why she should be granted citizenship.
First, Attorney Herman provided our client’s affidavit attesting to the false guidance of her eligibility to register to vote. Never did she intend to violate immigration or voting laws, nor did she want to misrepresent herself to the government.
Second, along with providing evidence of our client’s voting history and a termination letter of her registration, Attorney Herman obtained documentation from our client’s doctor regarding her serious illness and the prescribed medications that lead to memory impairment. This evidence would explain why she did not recall voting multiple times. Lastly, our client proves to have good moral character.
Along with no prior criminal record, she is a hard-working and law-abiding person. Throughout her hardships and life setbacks, she volunteers her time to the community and has even started a walk event in order to raise awareness of the rare disease that has affected her life and raise money to fund research.
The USCIS Policy Manual sets forth that when determining naturalization, the officer should consider the totality of the circumstances and weigh all favorable and unfavorable facts of each case.
Attorney Herman argued that in this case, our client’s mistake of voting does not undermine or otherwise adversely affect a good moral character determination for our client’s naturalization. In the end, our client won her case and was granted her official citizenship.
Client: Adult Female Polish Immigrant
Client’s Country of Origin: Poland
Case Type: N-400 Application for Naturalization
Date of Application: March 25, 2013
Date of Approval: June 21, 2013
Background:
Our client wished to become a U.S. citizen after years of holding her green card (permanent resident status). We were therefore retained to help her legally become an American. To achieve that end, we completed and filed an N-400 Application for Naturalization to the United States Citizenship and Immigration Services (also known as U.S.C.I.S., a branch of the Department of Homeland Security, commissioned to examine and appropriate immigration benefits).
Challenge:
Though the application for naturalization may appear straightforward, any wrong answer could incur serious consequences. Should you find yourself confused by the extensive questions in the application, do not hesitate to call us for help. We will offer reliable and timely help for your specific case during our consultation appointment.
Action:
Herman Legal Group helped our client prove that she met all criteria to be naturalized. That is, according to all criteria stated in the form, she deserved to be granted citizenship after completing the application process. Установка программы со слотами на устройство с системой Android требует выполнения определенных действий. Первым делом, потребуется перейти на основной сайт и кликнуть на соответствующий раздел. Здесь можно просмотреть описание мобильной версии и загрузить установочный файл. Как только завершиться скачивание программы казино онлайн pin-up-casino.win/reg Пин-Ап Россия, файл пройдет проверку на вирусы. Затем клиент сможет завершить установку приложения казино Pin-Up Россия. В процессе распаковки, потребуется разрешить установку с неизвестных источников. Завершив данные действия, игрок сможет приступить к игре.
Result:
Within three months, our client took her oath and became a U.S. citizen.