Am I Eligible to Become a U.S. Citizen?

The path for a non-U.S. citizen who got a green card to become a U.S. citizen is called naturalization. This process has several eligibility requirements that a green card holder must meet.

You may find many resources online on how to become a U.S. citizen but as an immigration lawyer I will break down these eligibility requirements below to give you a clear and concise understanding of the naturalization process.

First we will cover the basics. Then we will get into the details of the naturalization process.

Basic Citizenship Requirements

U.S. Citizenship can be acquired from parents or one parent who is a U.S. citizen, or born in the United States. For those born in another country as non-U.S. citizens, the process of citizenship typically starts with getting a green card.

Once the green card is obtained, there are several requirements an applicant must meet before filing the N-400 to become a U.S. citizen.

Naturalization applicants are eligible to apply for U.S. citizenship and file the N-400 if:

Naturalization applicants are eligible to apply for U.S. citizenship and file the N-400 if:

  1. 18 years old or older at the time of applying for U.S. citizenship
  2. Continuous and physical presence in the United States as a lawful permanent resident for a certain number of years
  3. Reside in the state or USCIS district where they intend to file the N-400 for naturalization
  4. Good moral character
  5. Basic English and knowledge of U.S. history and government (pass civics test)
  6. Register for military service (if male of a certain age)
  7. Take the oath of citizenship

These citizenship requirements will not apply if you qualify for an exemption or filing for U.S. citizenship based on U.S. military service.

Below we will break down each requirement, so you can understand what you need to submit the N-400 and apply for naturalization.

Age Requirement

A person who wants to become a U.S. citizen must be at least 18 years old to file for naturalization, unless filing based on wartime military duty. This requirement is to ensure applicants are old enough to understand the responsibilities of citizenship.

There is an exception to this rule. For example, if you are applying to become a U.S. citizen based on wartime military service, there is no age requirement.

Continuous and Physical Presence

  • Continuous Presence: You must have lived in the United States as a lawful permanent resident for at least five years, or three years if you are married to a U.S. citizen spouse. “Continuous” means you have not taken any trips outside the U.S. that lasted six months or more during the required period. Avoid long absences that will make USCIS think you have abandoned your permanent residence.
  • Important: If you lived in the U.S. for at least five years before filing here, but during that time you left the U.S. for more than six months, USCIS may presume you abandoned your permanent residence, and deny your citizenship application (N-400). To overcome this presumption, you must show proof of maintaining strong ties to the U.S., for example, keeping your job or having family members in the U.S.
  • Physical Presence: In addition, prospective U.S. citizen must have been physically present in the U.S. for at least half of the required continuous residence period. This means you are physically present in the U.S. for 913 days (2.5 years) for a five-year requirement or 548 days (1.5 years) for a three-year requirement if married to a U.S. citizen spouse.

Continuous Residence and Physical Presence Details

  • If You Were Abroad 181 to 364 Days: You need to show the USCIS officer you did not intend to abandon your permanent residence. Provide evidence such as keeping your U.S. job, having immediate family members in the U.S., having a home, or enrolling your children in a U.S. school.
  • If You Were Abroad 365 Days or More: USCIS will assume you abandoned your permanent residence. You will need to wait additional time before reapplying for citizenship—four years and one day if you had a five-year requirement, or two years and one day if you had a three-year requirement.
  • Re-Entry Permit Does Not Protect Against Break in Continuity: If you will be abroad for at least one year, apply for a re-entry permit (Form I-131) before leaving the U.S. This permit is good for two years and allows you to re-enter without losing your green card. But the re-entry permit does not exempt you from the above mentioned issues with continuous residence for naturalization purposes (not out of the U.S. for more than 6 months).
  • Preservation of Residence: File a “preservation” of your permanent residence (Form N-470) if your work requires you to be abroad for one year or more. This is for specific types of employment approved by the U.S. government.

Establishing Residence in District

You must have lived in the state or USCIS district where you will be filing for citizenship for at least three months before you submit your application. “State” includes the District of Columbia, Puerto Rico, Guam, the U.S. Virgin Islands, and the Northern Mariana Islands.

If you lived in one state for at least three months, but moved after filing your naturalization application (Form N-400), you must notify USCIS within 10 days to update your address. The “current physical address” on your naturalization form must be where you’ve established residency.

Good Moral Character as a Lawful permanent resident

USCIS defines “good moral character” as being of good repute or to the standards of average citizens. This means not committing certain crimes, not lying to USCIS, or having multiple DUI convictions. USCIS looks at your behavior during the three or five years before you apply and up to the Oath of Allegiance.

Good moral character is evaluated on a case by case basis and may include reviewing your criminal record, compliance with laws and honesty during the application process.

English Proficiency and Civics Knowledge (History and Government)

As part of this interview process, you will have to pass a two-part test:

  1. English Language Test: This test will test your ability to write, read and speak English.
  2. Civics Test: This test will test your knowledge of U.S. history and government. You will study either 20 or 100 questions for this test depending on your age and how long you’ve been a lawful permanent resident.

Some applicants may be exempt from one or both tests due to disability exceptions. To prepare, visit the USCIS website and find study resources for this test.

English and Civics Test Details

The English test will test your ability to write and speak basic English. To test that you speak English at a basic level, you will be asked during the interview about the answers you’ve given on your citizenship application and to write and read simple sentences.

The civics test will test your knowledge of U.S. history and government. Some applicants, due to age or length of residency, may be exempt from these tests or take a simplified version. Collect different study resources and you will be prepared. Visit USCIS website to find resources and get ready for citizenship interview.

Military and Civil Service Registration

You must be willing to serve in the U.S. military or civil service if required. Typically this means registering with the Selective Service System if you are a male within a certain age range. The Selective Service System collects and maintains records of individuals who may be drafted into military service.

  • Who Must Register: Males who lived in the U.S. (or received their green card) between the ages of 18 and 26
  • When to register: within 30 days of your 18th birthday but not after your 26th birthday.
  • Exemptions: You are not required to register if you are over 26, did not live in the U.S. between 18 and 26, or held a lawful status other than “green card holder” during that period.

How to Register with Selective Service

Register at your local post office, by returning a Selective Service registration card, online or by phone. If unsure about your registration status, request a “status information letter” from Selective Service.

If You Did Not Register with Selective Service

If you did not register and are between 26 and 31, you must prove you weren’t required to register, were exempt or didn’t know you had to register. Bring a notarized affidavit, birth certificate and other supporting documents.

If you did not register intentionally, your application may be denied, but if you are over 31 (or 29 if married to a U.S. citizen), USCIS may waive this if you show good moral character for the required period.

Deep Dive: Eligibility Requirements and Process for Naturalization

Purpose and Background of the Naturalization Process

A. Purpose

USCIS will investigate and examine every naturalization applicant to make sure they meet all the eligibility requirements for U.S. citizenship. This thorough process looks at many factors of the applicant’s qualifications. Below is an overview of the investigation and examination process:

Naturalization Process Steps

  1. Security and Criminal Background Checks
    • USCIS will check your criminal history and security risks.
    • These checks may involve coordination with other federal agencies such as the FBI.
  2. Review of Immigration File
    • Officers will review the applicant’s entire immigration file to verify lawful permanent resident status and any prior immigration issues.
  3. In-Person Interview
    • Applicants will have one or more interviews with USCIS officers.
    • During these interviews, applicants will provide oral and written testimony to explain information on their application.
  4. English and Civics Test
    • You must demonstrate English proficiency.
    • You will also be tested on U.S. history, government and civic principles.
  5. Disability Waivers
    • Some applicants may be eligible for waivers of the English and civics test if they meet specific disability-related requirements.

USCIS Officer Authority

USCIS officers will conduct the investigation and examination and have the authority to:

  • Administer the Oath of Allegiance.
  • Take oral and written testimony during interviews.
  • Issue subpoenas to witnesses if needed.
  • Request additional evidence to clarify eligibility issues.

Applicant’s Burden of Proof

  • You must prove your eligibility by a preponderance of the evidence, meaning the evidence must show it’s more likely than not you meet the requirements.
  • USCIS officers will resolve any outstanding issues and get the information needed to make a decision.

Consistency and Integrity

  • Uniformity in application processing and decision-making ensures fairness and accuracy.
  • USCIS will apply all laws and regulations equally to all cases to maintain public confidence in the naturalization process.

B. Background

The naturalization process has changed a lot since its inception. Here’s a brief history:

Early Days

  • 1906: Naturalization required a full examination of the applicant (then called the “petitioner”) and their witnesses under oath at a final court hearing.

1940 Changes

  • Congress made major changes including:
    • English Language: Applicants had to show basic English proficiency.
    • Civics: Applicants were asked about the principles of the U.S. Constitution.

Today’s Requirements

USCIS will investigate to make sure applicants meet all the requirements including:

  • Lawful admission as a permanent resident.
  • Good moral character.
  • Attachment to the constitutional principles.
  • Residence and physical presence requirements.
  • English and civics test requirements.

Legislative History

  • 1981: Congress eliminated the character witness requirement in naturalization proceedings. However, USCIS can still subpoena witnesses if needed.

C. Law

The naturalization process is covered by a combination of laws and regulations that spell out USCIS’s responsibilities and what applicants must demonstrate. Key laws include:

Statutes

  1. INA 310 (8 CFR 310): Naturalization authority.
  2. INA 312 (8 CFR 312): Educational requirements for naturalization (English and civics).
  3. INA 316 (8 CFR 316): General eligibility requirements (residence, good moral character, attachment to the Constitution).
  4. INA 332 (8 CFR 332): Procedural and administrative provisions.
  5. INA 335 (8 CFR 335): Investigative and examination requirements.
  6. INA 336 (8 CFR 336): Hearings on denied cases.

Notable Laws

  • 1940 Nationality Act: Introduced English and civics as eligibility requirements for naturalization.

Background and Security Checks

A. Background Investigation

USCIS will investigate applicants when they file for naturalization. This will include multiple criminal background and security checks to determine eligibility.

Investigation components

  1. Fingerprint Collection and FBI Name Check
    • USCIS will collect fingerprints and send them to the FBI for a name check.
  2. Inter-Agency Checks
    • USCIS will check with other federal agencies for criminal background and security information.
  3. Timing of Checks
    • All background and security checks must be done before the naturalization interview.

B. Fingerprints

1. Fingerprint Requirement

  • All applicants regardless of age must provide fingerprints for background checks.
  • Biometrics (fingerprints, photographs, and signature) will be collected at a local Application Support Center (ASC) after a biometric services appointment.

Notice and Validity

  • USCIS will notify applicants in writing of their fingerprinting appointment.
  • Fingerprints are good for 15 months from the FBI’s processing date.

Failure to Appear

  • Applicants who do not show up for their fingerprinting appointment without a valid reason will be considered to have abandoned their naturalization application.

Advances in Technology

  • In the past, applicants 75 and older were exempt because of difficulties in taking fingerprints. However, with new technology, fingerprints can now be taken from applicants of all ages.

2. Processing Fingerprints

After fingerprints are collected, USCIS will send them to the FBI for a full background check. The FBI will respond with one of the following:

  • No Record: No criminal or administrative record found.
  • Record Found: Information will be sent to USCIS.
  • Unclassifiable Fingerprints: Fingerprints cannot be processed and additional steps are required.

3. Accommodations

USCIS has accommodations for applicants who cannot attend appointments:

  • Applicants with Disabilities: All USCIS offices are accessible and special arrangements can be made.
  • Homebound or Hospitalized Applicants: These individuals can have biometrics collected in their home by submitting the appointment notice and medical documentation to the local USCIS field office.

To request accommodations call the USCIS Contact Center at 800-375-5283 (TDD: 800-767-1833) or online.

4. Fingerprint Waivers

USCIS may grant fingerprint waivers to applicants with the following medical conditions:

  • Birth defects.
  • Physical deformities.
  • Severe skin or psychiatric conditions.

Conditions for Waivers

  • The officer must see the applicant in person.
  • An attempt must be made to fingerprint the applicant.
  • The officer determines the applicant cannot be fingerprinted at all or cannot provide one legible fingerprint.

Additional Requirements for Waiver Applicants

  • Waiver applicants must provide police clearance letters for the period of good moral character.
  • USCIS officer will take an oath from the applicant about their moral character.

Waiver Restrictions

Waivers will not be granted if:

  • The applicant has less than 10 fingers but can still be fingerprinted.
  • The applicant’s fingerprints are temporarily unclassifiable.
  • The applicant’s condition preventing fingerprint capture is temporary.

The waiver decision is final and cannot be appealed.

C. FBI Name Checks

FBI Name Check Process

  • The FBI does name checks for all naturalization applicants.
  • This involves searching the FBI’s Universal Index (UNI) which contains:
    • Personnel records.
    • Administrative files.
    • Applicant data.
  • Criminal records collected for law enforcement purposes.

Purpose of Name Check

  • The name check ensures the applicant is not a threat to national security or public safety.
  • Information from the FBI will be sent to USCIS for review.

Timing and Validity

  • Name checks must be done before the naturalization interview.
  • FBI responses:
    • NR (No Record): No records found in the database.
    • PR (Positive Response): Records found that require further review.

Validity

  • A name check is valid for the duration of the naturalization application process.

If more than 15 months pass without a final decision, a new name check is required.

Additional Information

  • Incorrectly processed name checks must be reinitiated.
  • USCIS will ensure name checks are thorough and timely to maintain the integrity of the naturalization process.

The Interview

A. Roles and Responsibilities

1. USCIS Officers

USCIS officers will conduct the naturalization interview and investigation. Their responsibilities are to ensure a thorough and fair process and follow established laws and regulations.

Authority to Examine

  • Legal Powers: Officers have the power to:
    • Administer the oath.
    • Take oral and written testimony during the interview.
    • Subpoena witnesses and request documents.
    • Administer the Oath of Allegiance (if delegated by the Field Office Director).
  • Introduction: Officers will introduce themselves, explain the process and administer the oath.

Eligibility Questions

Officers will ask questions to verify the applicant’s eligibility based on the naturalization requirements. Examples of questions:

  • Biographical information (e.g., marital history, military service).
  • Lawful Permanent Resident (LPR) status and length of residency.
  • Time spent outside the U.S. after obtaining LPR status.
  • Employment history and addresses.
  • Knowledge of English, U.S. history and government.
  • Moral character and criminal history.
  • Attachment to the U.S. Constitution.
  • Membership in specific organizations.
  • Willingness to take the Oath of Allegiance.

Taking the Tests

  • Officers will administer the English reading, writing and civics tests unless the applicant is exempt.
  • Different officers may conduct the interview and tests depending on the schedule.

Grounding Decisions in Law

Officers will make decisions based on:

  • Statutes: Immigration and Nationality Act (INA).
  • Regulations: Title 8 of the Code of Federal Regulations (8 CFR).
  • Precedent Decisions: Appellate court decisions.
  • USCIS Guidance: USCIS Policy Manual.

2. Authorized Representatives

Applicants can have legal representation during the interview. Representatives must:

  • File a completed Form G-28 (Notice of Entry of Appearance).
  • Ensure the applicant’s rights are protected.

Rules for Representation

  • Representatives can advise on legal matters but cannot answer questions directed at the applicant.
  • If a representative is not present and the applicant chooses not to proceed, the interview may be rescheduled.
  • Eligible representatives are:
    • Licensed attorneys in the U.S.
    • Accredited representatives from BIA-accredited organizations.
    • Law students, reputable individuals and foreign government officials (in specific cases).

3. Interpreters

Applicants who need language assistance may use interpreters as long as they:

  • Translate accurately and without personal opinions.
  • Take an interpreter’s oath and provide government-issued ID.
  • Are impartial (not interested in the case outcome).

USCIS may disqualify interpreters if their involvement compromises the interview. Officers who speak the applicant’s language may conduct the interview in that language.

B. Review of Application

Before the interview, the officer will review the applicant’s file, known as the “A-file”. This includes:

1. A-File Contents

  • Proof of LPR status.
  • Immigration benefit applications and forms.
  • Correspondence between USCIS and the applicant.
  • Criminal records, investigative reports and enforcement actions.

2. Jurisdiction

  • Applications are processed by the USCIS office where the applicant lived at the time of filing.
  • If the applicant moves, the application may be transferred to the correct office.
  • Special rules for battered spouses and certain safety cases.

3. Background and Security Checks

  • Officers verify all background and security checks are complete and documented.

4. Special Circumstances

  • Accommodations: Applicants with disabilities may request modifications to the interview process, including waiver requests or in-home accommodations.
  • Removal Proceedings: Officers review records for any pending or past removal orders. Applications may be denied if the applicant is in removal proceedings, except for military service.

C. Initial Interview

The in-person interview will include:

  • Review of Form N-400 and A-file.
  • Administer the English and civics tests.
  • Ask the applicant about eligibility requirements.

Documentation of the Examination

  • Applicants will provide oral and written answers under oath.
  • Officers may update the Form N-400 based on the applicant’s testimony.
  • Interviews may be recorded or summarized in affidavits.

Results Notification

At the end of the interview, applicants will receive a notice of the outcome and what to do next.

D. Re-Examination

Applicants may be scheduled for a second interview to address issues from the first interview. During the re-interview:

  • Officers review new evidence or testimony submitted by the applicant.
  • Applicants may retake failed English or civics tests.
  • If issues persist, the application will be denied.

Timing

  • Re-examinations for educational deficiencies are scheduled 60-90 days after the initial interview.

Appeals

Applicants can request a hearing with USCIS on denied applications.

E. Expedited Processing for SSI Beneficiaries

USCIS will expedite applications for individuals whose SSI benefits are set to terminate within one year and whose application has been pending for 4 months or more. Applicants must:

  • Inform USCIS of the termination via an InfoPass appointment or written correspondence.
  • Bring a copy of their SSA termination letter and a cover sheet explaining the situation.

Applications with “SSI” on the first page will also be expedited.

Results of the Naturalization Interview

USCIS Decision Timeframe

USCIS must make a decision on a naturalization application within 120 days of the initial interview. If no decision is made within that timeframe, the applicant can request judicial review in district court. USCIS officers will base their decisions on laws, regulations, precedent decisions and agency policies.

An officer may:

  • Approve the application.
  • Continue the interview (e.g., to request more evidence or schedule a re-interview).
  • Deny the application.

Applicants will receive a Notice of Examination Results at the end of the interview which will outline the outcome and what to do next for continued or pending cases.

A. Approval of Naturalization Application

What to do after Approval

  • Once approved, the application will go through internal processing before USCIS schedules the applicant for the Oath of Allegiance ceremony.
  • USCIS will re-verify the application to ensure it meets quality standards. This will be done by a different officer than the one who interviewed the applicant.

Post Approval Issues

  • If USCIS finds potentially disqualifying information after approval, the application may be reopened. In that case:
    • USCIS will issue a motion to reopen.
    • The application will be re-evaluated and if the applicant is found to be ineligible, the naturalization application will be denied.

B. Continuation of Interview

Request for Evidence (RFE)

If an officer needs more information to make a decision, they will issue a Request for Evidence (RFE). The RFE will include:

  • What documents or information is needed.
  • How to respond.
  • A timeframe to respond, usually 30 days.

Possible Outcomes:

  • If the applicant responds on time, the officer will review the new information and make a decision.
  • If the applicant doesn’t respond, the officer will decide based on the existing evidence.

Re-Examination

Applicants who fail any part of the naturalization test will get a second chance. Re-examinations:

  • Will be scheduled 60-90 days after the initial interview.
  • Are used to address pending eligibility issues or incomplete tests.

Consequences of Non-Attendance:

  • If the applicant doesn’t show up for the re-examination without a good reason, USCIS may deny the application for not meeting educational or eligibility requirements.
  • Denial notices will list all areas of ineligibility.

C. Denial of Naturalization Application

Reasons for Denial

USCIS will deny applications when the applicant doesn’t meet eligibility requirements. Some common reasons are:

  • Not lawfully admitted for permanent residence.
  • Not met continuous residence or physical presence requirements.
  • Lack of good moral character.
  • Insufficient English or civics knowledge.
  • Failure to establish attachment to the Constitution.

Denial Process

  • Applicants will receive a written denial notice within 120 days of the initial interview.
  • The notice will include:
    • Clear explanation of the decision.
    • Specific eligibility criteria not met.
    • Instructions to request a hearing to appeal the denial.

Special Circumstances

  • Applicants in removal proceedings are generally not eligible for naturalization unless filing under specific military provisions.

Applications from individuals with final removal orders will be denied unless they re-entered lawfully or qualify under military naturalization provisions.

D. Administrative Closure, Withdrawal and Abandonment

Administrative Closure for Non-Attendance

If an applicant doesn’t show up for the initial naturalization interview:

  • USCIS will administratively close the application if the applicant doesn’t notify USCIS within 30 days of the missed appointment.
  • Applicants can request to reopen within 1 year without a fee.

If no request is made within 1 year:

  • The application will be considered abandoned and dismissed.

Failure to Respond to RFE or Re-Examination

  • Applicants who don’t show up for re-examinations or don’t respond to RFEs will have their applications decided based on the existing evidence.
  • Officers may grant exceptions for good cause when considering motions to reopen.

Withdrawal of Application

  • Applicants can request to withdraw their application in writing.
  • Withdrawal is a waiver of the right to a hearing but allows the applicant to reapply without prejudice.

Applications Not Held in Abeyance for Removal Proceedings

  • USCIS does not hold applications in abeyance for individuals in removal proceedings.
  • Effective November 18, 2020, such applications will be denied under INA 318, except for military cases.

Motion to Reopen

A. USCIS Motion to Reopen

When to File a Motion to Reopen

USCIS must file a motion to reopen a previously approved naturalization application in the following situations:

Derogatory Information

  • USCIS receives or discovers information that disqualifies the applicant after the naturalization application has been approved but before the Oath of Allegiance is taken.

Failure to Appear for Oath Ceremony

  • The applicant doesn’t show up for at least two scheduled Oath ceremonies without a good reason (excuse).

Notice to the Applicant

  • USCIS will notify the applicant in writing about the derogatory information or failure to appear for the Oath ceremonies.
  • The notice will explain the reason for the motion to reopen and give the applicant 15 days to:
    • Address and fix the derogatory information.
    • Provide a valid excuse for not showing up for the Oath ceremonies.

Resolution of the Motion

  • If the applicant fixes the derogatory information or provides sufficient excuse for missing the Oath ceremonies:
    • The officer will deny the motion to reopen and schedule the applicant for a new Oath ceremony.
  • If the applicant doesn’t fix the derogatory information:
    • The officer will grant the motion to reopen and deny the naturalization application.

Key Restrictions

  • USCIS won’t administer the Oath of Allegiance to the applicant until:
    • All derogatory information is cleared.
    • The applicant’s naturalization is approved.
  • Multiple failures to appear at the Oath ceremonies without a valid excuse will be considered abandonment of the applicant’s intent to naturalize.

B. Motion to Reopen Administratively Closed Applications

Applicant-Initiated

An applicant can request USCIS to reopen a naturalization application that was administratively closed by submitting a written request. The following applies:

Timeframe

  • Request must be filed within one year of the application being administratively closed.

Fees

  • No fee required to file the motion to reopen.

Filing Date

  • The date the motion to reopen is filed will be the new filing date for naturalization purposes.

USCIS will review and decide

  • USCIS will review the motion and issue a written decision:
    • Approval Notice: If granted, the application will be reopened and proceed with naturalization process.
    • Denial Notice: If denied, the notice will explain the reasons for denial.

Military Applicants

  • Military applicants are exempt from the one year limitation and can file a motion to reopen at any time.

Key Points

  • USCIS motions to reopen are required when derogatory information arises or when applicants don’t show up for Oath ceremonies without a valid excuse.
  • Applicants have time to fix issues within a certain timeframe (15 days for derogatory information or failure to appear).
  • Applicants can reopen administratively closed applications within one year without fee and the new filing date will be the new eligibility date.
  • Military applicants have more flexibility to file motions to reopen.

This is to be a fair and structured process.

USCIS Hearing and Judicial Review

Appealing a denied naturalization application can be overwhelming. This guide will walk you through the process of requesting a hearing with USCIS, the review process and judicial review if necessary. Each section has new information to help you understand and navigate the process.

A. Requesting a USCIS Hearing

1. Who can request a hearing?

  • The applicant or their authorized representative (e.g. a licensed attorney or accredited representative).
  • Make sure the representative is authorized by submitting Form G-28 (Notice of Entry of Appearance).

2. When to file a hearing request

  • Must be filed within 30 days of the denial notice.
  • If the denial notice was mailed, an additional 3 days (total 33 days) apply.
  • Use Form N-336 (Request for Hearing on a Decision in Naturalization Proceedings) to file.

B. Review of a timely filed hearing request

1. Scheduling the hearing

  • USCIS will schedule the hearing within 180 days of the request.
  • The hearing will be conducted by an officer other than the one who denied the application. This officer must be of equal or higher grade.

2. What happens during the review?

a. Types of Reviews

  • De Novo Review: A full and new review of the application.
  • Informal Review: Focused on specific issues depending on the complexity and need for further examination.

b. Officer’s Authority and Responsibilities

  • Reassess the entire naturalization application.
  • Examine the applicant and consider new evidence.
  • Make one of the following decisions:
    • Affirm Denial: Uphold the previous denial.
    • Deny on New Grounds: Find new ineligibility reasons.
    • Approve Application: Reverse the denial and naturalize.

3. Retake English and Civics Tests

  • If the denial was for failing the English or civics test:
    • The officer will only administer the previously failed sections.
    • One opportunity to pass during the hearing.

C. Improperly filed hearing requests

1. Late filing

  • Requests filed after the 30/33 day window are considered late.
  • If late request is:
    • Motion to Reopen: Must have new facts or evidence to justify reopening the case.
    • Motion to Reconsider: Must show the denial was legal or procedural error.

2. Filed by unauthorized person or entity

  • If filed by an unauthorized person or entity USCIS will deny the request without refunding the filing fee.

3. Filed by attorney or representative

  • Attorneys or representatives must submit Form G-28 to authorize.
  • If missing, USCIS will give 15 days to correct. Failure to do so may result in denial, but USCIS may reopen the case on its own motion if favorable to the applicant.

D. Judicial Review

1. When can you appeal?

  • If USCIS denies the naturalization application after the hearing, the applicant can appeal to a U.S. district court.

2. How to appeal

  • File in the district court where you reside.
  • The court will review the case de novo, meaning it will look at all facts and laws independently of USCIS’s decision.

Tips for success

  • Act Fast: File timely to avoid delays or denial.
  • Be Complete: Include all the evidence and address the reasons for the denial.
  • Get Professional Help: Work with an experienced attorney or accredited representative.
  • Study for Tests: If applicable, study for the English and civics tests.

By knowing the process and requirements applicants can better navigate the USCIS hearing and judicial review and increase their chances of naturalization.

Can I Receive Accommodations During the N-400 Interview?

A. Purpose of N-400 Accommodations

The naturalization process should be available to all eligible applicants including those with disabilities. USCIS has established guidelines to ensure individuals with disabilities can participate fully while maintaining the integrity of the process. This guide will cover purpose, background, legal framework and accommodations vs waivers.

  1. Equal Opportunity
    • USCIS will make reasonable modifications for applicants with disabilities so they have an equal opportunity to naturalize.
    • Some changes are accommodated but USCIS will not make modifications that:
    • Alter the naturalization process fundamentally.
    • Place an undue burden on the agency.
  2. Case by Case
    • Accommodation requests are reviewed on a case by case basis and tailored to the applicant’s disability.
    • Primary consideration is given to the applicant’s request but alternative accommodations may be provided if equally effective.
  3. Request Timing
    • Applicants can request accommodations:
    • When filing their naturalization application (Form N-400).
    • At any time during the naturalization process.
  4. Examples
    • Sign language interpreters or captioning services for hearing impaired applicants.
    • Extra time to respond during the interview.
    • Braille or large print test materials for visually impaired applicants.

B. Background of N-400 Accommodations

  1. Legal Requirements
    • Under Section 504 of the Rehabilitation Act all federal agencies including USCIS must provide reasonable accommodations to individuals with disabilities in their programs and services.
    • The act states:
      • No person shall be excluded from participation due to a disability.
      • Equal access to benefits and activities.
  2. USCIS Compliance
    • USCIS is committed to non-discrimination and ensures its programs and services are in compliance with the Rehabilitation Act and DHS regulations.
    • Examples of compliance:
      • Modify interview procedures.
      • Provide auxiliary aids for communication.

C. Accommodations vs Waivers

  1. What are Accommodations?
    • Modifications that allow applicants with disabilities to show they meet naturalization requirements.
    • Examples:
      • Use of assistive devices.
      • Simplify instructions.
      • Accommodations do not exempt applicants from the requirements but how those requirements are met.
  2. What are Waivers?
    • Waivers exempt applicants from specific requirements entirely such as:
      • English language proficiency.
      • Civics knowledge testing.
    • Waivers are granted based on medical documentation submitted with Form N-648 (Medical Disability Exception).
  3. Key Differences
    • Accommodation: Adjust process to meet needs.
      • Example: Extra time, interpreters
    • Waiver: Exempt from specific requirements.
      • Example: English test exemption

D. Legal References

  1. Statutory Citations
    • Section 504 of the Rehabilitation Act of 1973: Disability based discrimination in federally funded programs.
    • 29 U.S.C. 794: Federal agency non-discrimination requirements.
    • 6 CFR 15: DHS non-discrimination regulations.
    • 8 CFR 334.4: Disability related claims procedures.
  2. Supporting Material
    • Applicants requesting accommodations should refer to:
      • USCIS guidelines for individuals with disabilities.
      • Forms N-400 and N-648.

Tips for Applicants

  • Be proactive: Request accommodations as soon as possible to avoid delays.
  • Provide documentation: If applicable, submit medical or professional evidence to support your accommodation needs.
  • Know Your Rights: Read the Rehabilitation Act and DHS policies to understand your rights.
  • Consult a Professional: Talk to an attorney or accredited representative if needed.

By acknowledging the needs of applicants with disabilities and providing individualized solutions, USCIS seeks to ensure fairness and accessibility throughout the naturalization process.

Accommodation Policies

Accommodation Procedures

USCIS follows these steps when processing accommodation requests:

  • Accessible Information: Local offices provide applicants with the information on how to request accommodations.
  • Points of Contact: Whenever possible a designated person is assigned to handle accommodation requests.
  • Timely Responses: USCIS responds to inquiries and evaluates accommodation requests as soon as possible to avoid delays.
  • Streamlined Process: Internal process to receive and file accommodation requests.
  • Delivery of Accommodations: USCIS provides accommodations when needed and ensures applicants get the support they need.

A. Requesting an Accommodation

1. How to Ask

Applicants should request accommodations as soon as possible. Requests can be submitted by the applicant, their attorney or accredited representative, or their legal guardian. Ideally, the request should be made at the time of filing the naturalization application. However, applicants can:

  • Call the USCIS Contact Center at 1-800-375-5283 (TTY: 1-800-767-1833);
  • Use the online accommodation request form on the USCIS website;
  • Submit the request to a local USCIS field office at any time during the naturalization process.

2. Timing

Timeliness is key to having accommodations available when needed. USCIS divides accommodations into two categories:

  • Immediate Accommodations: Some adjustments such as speaking loudly, speaking slowly or allowing extra time to answer questions during an interview can be provided on the spot with no advance notice.
  • Planned Accommodations: Other adjustments such as scheduling a sign language interpreter, extra time for the exam or an off-site interview require advance notice to plan and coordinate.

Tips to Make the Process Easier

  • Plan Ahead: Submit requests as early as possible to allow time to process.
  • Be Clear: Specify what accommodation you need and provide details to help USCIS process your request.

B. Documentation

USCIS will review accommodation requests on a case by case basis. While applicants don’t need to submit medical documentation, in some cases they may be required to. For example:

  • If the accommodation is complex or unusual USCIS may ask for supporting documentation to understand the applicant’s needs.
  • Officers must consult with local USCIS counsel before contacting the applicant or their representative for more information.

Best Practices for Applicants

  • Keep Records: Save any documentation related to your medical condition or need for accommodation in case it is requested.
  • Be Proactive: If asked for more information respond as soon as possible to avoid delays.

C. Delivery of Accommodations

When an accommodation is needed USCIS will try to provide it without rescheduling the applicant’s appointment. Field offices will:

  1. Provide Accommodations at the Scheduled Appointment: Make sure the necessary accommodations are in place for the applicant’s originally scheduled appointment.
  2. Minimize Rescheduling: If an accommodation can’t be provided at the scheduled time, notify the applicant and their representative as soon as possible. Reschedule the appointment within a reasonable time.

Common Accommodations

  • Communication Assistance: Sign language interpreters, reading assistance or use of assistive devices.
  • Scheduling Adjustments: Off-site interviews or extra time for the exam.
  • Physical Accessibility: Wheelchair accessible facilities and mobility assistance.

Notification and Follow-Up

  • USCIS will notify the applicant of any scheduling changes due to accommodation requests.
  • Applicants and representatives should confirm the new date and time if rescheduled.

Additional Resources

  • USCIS Contact Center: For questions or to follow up on an accommodation request call the contact center.
  • Online Tools: Use the USCIS website’s tools such as the online accommodation request form to make the process easier.
  • Legal Representation: Applicants can work with an attorney or accredited representative for guidance on accommodation requests.

What Type of Accommodations Are Possible?

Going through the naturalization process can be tough for individuals with disabilities. To ensure fairness and accessibility the United States Citizenship and Immigration Services (USCIS) offers various accommodations to meet the needs of each applicant. These accommodations apply to different parts of the process, the naturalization interview, test and Oath of Allegiance.

USCIS recognizes that every applicant is different. Some may need one accommodation at one stage, others may need multiple accommodations throughout the process. Below is a detailed guide to the types of accommodations, by stage, with step by step instructions for each.

A. Accommodations for the Exam

Field offices can make adjustments during the naturalization exam to accommodate applicants with disabilities. Below are common examples with explanations:

  1. Extra Time and Breaks
    • What it means: Applicants who need more time to process information or complete tasks due to disability can request extra time. Breaks are also allowed as needed.
    • Why: Some disabilities such as cognitive impairments or chronic conditions may require applicants to take more time than usual.
    • How to Request: Notify USCIS of your needs when you submit the accommodation request form.
  2. Sign Language Interpreters or Communication Aids
    • What it means: Deaf or hard of hearing applicants can request sign language interpreters or other aids such as assistive listening devices.
    • Special Considerations:
      • Applicants can bring their own interpreters if they prefer.
      • USCIS will ensure the interpreter meets the specific language needs of the applicant, including specialized forms of sign language.
      • Written communication or lip-reading assistance is also available.
  3. Relatives or Support Person
    • What it means: A relative, legal guardian or support person can accompany the applicant to provide comfort and assistance, especially for signing forms or clarifying questions.
    • Notes:
      • The support person should not disrupt the exam.
      • A family member can assist with signing or marking documents but only the applicant’s signature or mark is valid.
  4. Legal Guardian, Surrogate or Designated Representative
    • What it means: For applicants who cannot participate in the exam due to physical, developmental or mental disability a legal guardian or representative can act on their behalf.
    • Eligibility:
      • Legal guardians or surrogates must provide documentation.
      • If unavailable a primary caregiver who is a U.S. citizen (e.g. spouse, parent or adult child) can step in.
      • Priority is determined by relationship and seniority.
  5. Nonverbal Communication
    • What it means: Applicants who cannot communicate verbally can use alternative methods such as blinking, nodding, pointing or writing.
    • How it works:
      • Communication methods should be agreed upon before the exam begins.
      • Officers will adapt the process to facilitate communication.
  6. Off-Site
    • What it means: For applicants who cannot travel to a USCIS field office due to medical conditions exams can be conducted at alternative locations such as homes, hospitals or care facilities.
    • How to Request: Provide medical documentation and request off-site exam in advance.

B. Accommodations for the Test

Applicants with disabilities may need modifications to take the English and civics tests. USCIS offers:

  1. Large Print or Braille Reading Test
    • What it means: Low vision or blind applicants can request reading test in large print or braille.
    • How to Request: Contact USCIS through the helpline or use the online request form to specify your needs.
  2. Oral Writing Test
    • What it means: Applicants with physical disabilities affecting hand mobility can take the writing test orally by spelling out words instead of writing them.
    • Why it matters: So applicants with disabilities can meet the writing requirement without undue burden.
  3. Nonverbal Communication
    • What it means: Same as the exam stage, nonverbal communication methods are allowed for test questions.
    • Tips for Applicants:
      • Talk to USCIS in advance about your communication needs.
      • Use pointing, gestures or written answers as agreed upon.
  4. Sign Language Interpreters
    • What it means: Deaf or hard of hearing applicants can use sign language interpreters for the test.
    • Additional Options:
      • Applicants can bring their own interpreter or request USCIS to provide one.
      • Request accommodations through USCIS contact centers or field offices.

C. Oath of Allegiance Accommodations

Some disabilities or medical conditions may make it difficult for applicants to participate in the Oath of Allegiance ceremony. USCIS offers:

  1. Simplified Language for Assent
    • What it means: Officers can simplify the language used in oath questions so applicants understand what it means and why.
    • Why it matters: Clear communication for applicants with cognitive disabilities or language related disabilities.
  2. Expedited Oath Scheduling
    • What it means: Applicants with medical conditions that prevent them from attending later ceremonies can request expedited scheduling.
    • How it works: USCIS may schedule same day ceremonies or off-site visits.
  3. Sign Language Interpreters at Oath Ceremonies
    • What it means: Deaf or hard of hearing applicants can use interpreters for both administrative and judicial ceremonies.
    • Notes:
      • Courts may provide interpreters for judicial ceremonies.
      • Notify USCIS of your needs in advance.
  4. Off-site Oath Administration
    • What it means: Applicants who cannot attend ceremonies at field offices or courts can take the Oath of Allegiance at home or in care facilities.
    • Steps:
      • Request off-site ceremony during the exam process.
      • Provide medical documentation.

Remember

  • Flexibility: Accommodations are made on a case by case basis to meet your needs.
  • Communication: Contact USCIS early to talk and arrange accommodations.
  • Documentation: Providing the right documentation (e.g. medical records or proof of guardianship) can speed up the process.
  • Support: Relatives and representatives are key to helping applicants during the naturalization process.

By covering these accommodations, USCIS can help all eligible individuals with disabilities become U.S. citizens.

Details of Eligibility for U.S. Naturalization

A. Purpose of Naturalization

Naturalization is the process by which an individual becomes a U.S. citizen after birth, regardless of how they were born.[1] This legal path allows eligible individuals to become full members of the U.S. community with all the rights and responsibilities that come with it.

This chapter covers the general requirements for naturalization and how applicants can meet them. It is the applicant’s responsibility to prove eligibility by providing enough evidence to meet the naturalization requirements.

B. General Requirements

To apply for naturalization, applicants must meet these general criteria. These requirements ensure applicants are ready for citizenship and align with the U.S. Constitution.

Naturalization Eligibility

  1. Age
    • Must be at least 18 years old when you file your naturalization application.
  2. Lawful Permanent Resident (LPR) Status
    • Must have been a lawful permanent resident (LPR) for at least 5 years before eligible for naturalization.
  3. Continuous Residence
    • Must have been a continuous resident in the United States as an LPR for at least 5 years before filing the application.
    • Continuous residence must also be up to the time of the naturalization ceremony.
  4. Physical Presence
    • Must be physically present in the United States for at least 30 months (2.5 years) out of the 5 years before filing the application.
  5. Residency in a USCIS Jurisdiction
    • Must have resided in the state or USCIS district that has jurisdiction over your application for at least 3 months before filing.
  6. Good Moral Character
    • Must have good moral character for the 5 years before filing the application and throughout the naturalization process until you take the Oath of Allegiance.
    • Criminal history or dishonesty during the application process can affect this.
  7. Attachment to Constitutional Principles
    • Must show attachment to the U.S. Constitution and be well-disposed to the good order and happiness of the United States during all relevant time periods.
  8. English Language Proficiency and U.S. Civics
    • Must be able to read, write and speak English at a basic level.
    • Must also pass the civics test during the naturalization process.

Additional Notes

Some applicants may be eligible for exceptions or waivers of these requirements due to age, disability or other special circumstances. These are covered in later chapters.

C. Legal References

Naturalization is governed by the Immigration and Nationality Act (INA) and related federal regulations. Below are the key laws:

  1. INA 312; 8 CFR 312
    • Educational requirements for naturalization, including English and U.S. civics.
  2. INA 316; 8 CFR 316
    • General naturalization requirements, continuous residence, good moral character, attachment to U.S. constitutional principles.
  3. INA 318
    • Prerequisite to naturalization and applicant’s burden of proof.

Notes

  • Get Ready: Gather all the documents to prove your eligibility and meet the requirements.
  • Continuous Compliance: Meeting the requirements is not a one-time thing; you must comply throughout the naturalization process.
  • Legal Framework: Knowing the legal basis of naturalization will help you navigate the requirements.

By meeting these requirements you will be able to pursue U.S. citizenship and become an active member of your community and a responsible citizen.

Lawful Permanent Resident Admission for Naturalization

This document covers the requirements for lawful permanent resident (LPR) admission and naturalization eligibility. Each section includes key points, steps and additional information.

A. Lawful Permanent Resident at Time of Filing and Naturalization

1. Lawful Admission for Permanent Residence

Under Section 318 of the Immigration and Nationality Act (INA), you must show lawful admission as an LPR. Key points:

  • Requirements at Admission:
    • Must comply with all INA requirements.
    • Applies to initial LPR admission and status adjustments.
  • Fraud or Misrepresentation:
    • If LPR status was obtained by fraud or misrepresentation, naturalization is denied even if you have a valid Permanent Resident Card (PRC).
  • Evidence:
    • Provide documentation of lawful admission under immigration law.

2. Conditional Permanent Residents (CPRs)

  • Eligibility for Naturalization:
    • CPRs must meet the conditions of their status before naturalization unless exceptions apply.
  • Removing Conditions:
    • If conditions on status remain, you must remove them via Form I-751 (Petition to Remove Conditions).
  • Classification Errors:
    • Classification errors (e.g. CR-1 vs. IR-1) do not necessarily disqualify you if other requirements are met.

3. Date of Permanent Residence

  • General Rule:
    • LPR status begins when USCIS approves or when you enter with an immigrant visa.
  • Exceptions (Rollback Dates):
    • Cuban Adjustment Act: LPR date may be the last admission or 30 months before adjustment application filing.
    • Refugees: LPR date is the U.S. entry date.
    • Asylees: LPR status rolls back one year before USCIS adjustment approval.

4. Evidence of LPR Status

  • Permanent Resident Card (PRC):
    • A PRC is required to prove LPR status.
    • Expired or lost cards file Form I-90 to replace.
  • Extensions:
    • If you file Form N-400 after December 12, 2022, you will receive a receipt notice that extends your PRC for 24 months.

5. U.S. Government Errors

  • Errors in Admission:
    • If USCIS or DOS made a mistake in granting LPR status, you are not eligible for naturalization.

B. Abandonment of Lawful Permanent Residence

1. What is Abandonment

  • Criteria:
    • Intent to no longer reside in the U.S. as an LPR.
    • Imputed abandonment for minors under parental custody.
  • Indicators:
    • Extended absences from the U.S.
    • Actions inconsistent with maintaining U.S. residency (e.g. filing as a “nonresident alien” for taxes).

2. Factors to Consider

  • Key points:
    • Length of absences.
    • Intent to return to the U.S.
    • Ties (e.g. property, family, employment).
  • Documentation:
    • Strong evidence (e.g. federal/state tax returns and proof of ties) is key to rebut abandonment claims.

3. Preserving Residence

  • Exceptions:
    • LPRs working abroad in qualifying employment may file to preserve residence for naturalization purposes.
  • Caution:
    • Approval does not preclude abandonment findings during naturalization review.

C. Changes in Law

1. Legal Adjustments

  • New Laws:
    • INA changes or new inadmissibility grounds do not apply retroactively to LPRs admitted lawfully under prior laws.

2. Case Law

  • Example:
    • A 2015 Supreme Court decision changed the definition of “controlled substance” convictions for some applicants.

D. Basis for Admission

1. Petition Validity

  • Review:
    • Officers review the petition or visa that formed the basis of LPR status.
  • Common issues:
    • Misclassified K-1 Fiancé(e) visas or unmet eligibility requirements.

2. Grounds of Inadmissibility

  • Examples:
    • Criminal convictions, health issues, public charge concerns.
  • Terrorism-Related Grounds:
    • Any prior terrorism involvement makes you inadmissible.

E. Special Cases

1. Errors

  • Visa Allocation:
    • If there were errors in visa allocation but eligibility requirements were met, LPR status is still considered lawful.

2. Exceptions to LPR Requirement

  • Noncitizen Nationals:
    • U.S. nationals (e.g. from American Samoa) can naturalize without LPR status.
  • Military Service:
    • Certain military service members are exempt from LPR requirements.

F. Removal Proceedings and Naturalization

  • Final or Pending Orders:
    • Applicants with final orders or pending proceedings are generally not eligible for naturalization.
  • Exceptions:
    • Military based applications may proceed under certain circumstances.

To naturalize you must have lawful LPR status, comply with all INA requirements and demonstrate continuous ties to the U.S. By fixing errors, resolving conditions and preserving residence you will be eligible for naturalization.

Continuous Residence for Naturalization

To apply for U.S. naturalization under the general provisions you must:

  • Have been a continuous resident in the United States for at least 5 years after obtaining LPR status, up to the time of naturalization.
  • Residency in the state or service district where you are filing for at least 3 months prior to filing the application.

What is Continuous Residence?

Continuous residence means having a permanent dwelling place in the United States during the required time period. Key points:

  • Your residence is where you actually live (domicile or principal dwelling), regardless of intent or other claims.
  • Physical location matters more than where you intend to call home.

Exceptions

  • Reduced periods of continuous residence, such as spouses of U.S. citizens.
  • Constructive continuous residence while outside the U.S., such as for military members.
  • Exemptions from the requirement, as applicable.

Continuous Residence vs. Physical Presence

While related, continuous residence and physical presence are two separate requirements for naturalization. You must meet both unless specified otherwise.

Continuous Residence

General Rules

USCIS will evaluate your continuous residence from the time you became an LPR to the time of application. Here are some situations that may break your residence:

  1. Removal orders: Being removed ends your LPR status and breaks continuous residence. But if you regain LPR status you can reestablish residence.
  2. Nonresident claims for taxes: Claiming nonresident status for tax purposes or not filing taxes can create issues in proving continuous residence.

Common Red Flags

  • Frequent or long absences from the U.S. may indicate abandonment of LPR status.
  • Tax records and employment history are key evidence of ties to the U.S.

Breaks

You must prove compliance with the continuous residence requirement. Breaks in residence occur in two scenarios:

  1. Absence more than 6 months but less than 1 year.
  2. Absence 1 year or more.

Absence More Than 6 Months (Less Than 1 Year)

An absence more than 180 days but less than 365 days creates a rebuttable presumption of a break in continuous residence. To rebut this presumption you must show:

  • You were employed in the U.S. or did not seek employment abroad.
  • Your immediate family members were in the U.S.
  • You had a home in the U.S. (ownership or lease).

Example

An applicant absent for 8 months must provide strong evidence (e.g., employment, tax and property records) to rebut the presumption. If unable to do so, they must start the 5 year continuous residence requirement again upon returning to the U.S.

Absence 1 Year or More

An absence of 365 days or more breaks continuous residence unless you have an approved Form N-470 (Application to Preserve Residence for Naturalization Purposes).

Reestablishing Eligibility After a Break

  • If absent more than 1 year you must:
    • Wait 4 years and 1 day (for the 5 year rule) after your return.
    • Wait 2 years and 1 day (for the 3 year rule, such as spouses of U.S. citizens).

Form N-470: Preserve Residence

When to File Form N-470

This form allows certain applicants to preserve their continuous residence while working abroad in specific qualifying positions. Eligible applicants are those who are employed:

  • By the U.S. government.
  • By a U.S. based company engaged in foreign trade.
  • By a religious organization performing duties abroad.
  • By a public international organization of which the U.S. is a member.

Key Requirements

  • You must have been a continuous resident in the U.S. as an LPR for 1 year before going abroad.
  • The form can be filed before or during your employment abroad but must be filed before being abroad for 1 year.

Important Notes

  • Approval of Form N-470 does not preclude abandonment of LPR status if other evidence shows abandonment (e.g., tax filings).
  • You still must meet the physical presence requirement unless exempt.

Residence in the Commonwealth of the Northern Mariana Islands (CNMI)

Since November 28, 2009 the CNMI is considered part of the United States for naturalization purposes. Key points:

  • Residence in the CNMI before this date does not count towards continuous residence.
  • LPRs in the CNMI before this date may regain status but cannot count earlier periods towards the requirement.

Proof of Continuous Residence

Applicants must show continuous residence through:

Testimony and documentation, such as:

  • Tax records.
  • Employment records.
  • Proof of home ownership or rental.

Avoid commuter status

  • Having a Permanent Resident Card (PRC) alone is not enough. You must show actual residence in the U.S.

Summary of Absences and Naturalization Eligibility

Duration of AbsencePresumption of Break?Eligible to Naturalize?
6 months or lessNoYes
More than 6 months, less than 1 yearYesYes (if presumption is rebutted)
1 year or moreNot eligible to applyNo

Reestablishing Eligibility After a Break

ProvisionAbsenceWait Period
INA 316 (5-year rule)More than 1 year4 years and 6 months (or 4 years and 1 day)
INA 319 (3-year rule)More than 1 year2 years and 6 months (or 2 years and 1 day)

Physical Presence for Naturalization

Physical Presence Overview

To naturalize as a U.S. citizen, you must meet the physical presence requirement in addition to the continuous residence requirement. Physical presence means the total number of days you have been physically present in the U.S. during the statutory period before you file for naturalization.

Key Requirements

Statutory Period:

  • INA 316(a) requires 30 months (or 913 days) of physical presence in the U.S. within the 5 year period before filing.
  • For applicants under special provisions (e.g. spouses of U.S. citizens) the requirement is 18 months (or 548 days) within the 3 year period.

Relationship to Continuous Residence:

  • Continuous residence and physical presence are separate requirements and must be met independently.
  • Continuous residence means you maintain ties to the U.S. while physical presence means actual time spent in the U.S.

Counting Days:

  • USCIS counts the day you leave the U.S. and the day you return as days physically present in the U.S.

Proof of Physical Presence

Required Documents

To prove physical presence, applicants must provide evidence including but not limited to:

  • Travel Records:
    • Passports with entry and exit stamps.
    • Airline tickets and itineraries.
  • Residency Proof:
    • Utility bills or lease agreements showing your address.
    • Employment records showing work location.
  • Tax Records:
    • IRS filings showing physical presence.
  • Other Documents:
    • School transcripts, medical records or bank statements showing you were in the U.S.

Testimony

In addition to documentary evidence, USCIS will consider the applicant’s verbal or written testimony during the interview to determine if the physical presence requirement is met.

Key Points

  • Having a Permanent Resident Card (PRC) does not mean you have physical presence. Actual time in the U.S. is what matters.

USCIS will review all records including customs and immigration databases to verify claims.

Physical Presence Calculation Notes

Travel Outside the U.S.

  • Short Trips:
  • Days of departure and return are counted in physical presence.
  • Extended Absences:
  • Absences over 6 months may affect continuous residence but not physical presence if total days physically present meet the statutory requirement.

Northern Mariana Islands Residency

  • Time in the Commonwealth of the Northern Mariana Islands (CNMI) counts as physical presence only from November 28, 2009 and forward.

Meeting Both Requirements: Physical Presence and Continuous Residence

You must:

  1. Keep Track of Your Travel:
    • Use calendars, apps or spreadsheets to log all international trips.
    • Keep evidence of your time in the U.S.
  2. Check Eligibility:
    • Make sure you meet the statutory minimum for both physical presence and continuous residence before filing.

Summary Table: Physical Presence at a Glance

RequirementDetails
Minimum physical presence (INA 316)30 months (913 days) in the U.S. within 5 years before filing.
Special provisions (e.g., INA 319)18 months (548 days) in the U.S. within 3 years before filing.
Days countedDays of departure and return count as physically present.
Evidence requiredTravel records, tax filings, utility bills, employment records, and testimony.

Meeting the physical presence requirement is crucial for naturalization. Be prepared and document everything to avoid delays in your application.

Continuous Residence and Physical Presence Waivers and Exceptions for Naturalization

Some applicants for U.S. naturalization may be eligible for reduced continuous residence and physical presence or may count time abroad as meeting these requirements. Others may be exempt from these requirements altogether. This chapter explains the categories of applicants who qualify for these modifications or exceptions and the requirements.

1. Modifications and Exceptions Overview

  • Continuous residence and physical presence are generally required for naturalization.
  • Some can count time abroad towards these requirements.
  • Specific exceptions are available for certain individuals and employment types.

To qualify for an exemption or reduction, you must:

  • Be physically present and residing in the U.S. for at least one year after becoming a lawful permanent resident (LPR) and before filing (where required).

2. Employment Abroad

Some employment allows you to count time abroad as meeting residence and physical presence requirements. Here is the chart:

Employer/VocationContinuous ResidencePhysical Presence
U.S. Government or ContractorPreserved through N-470 processExempt through N-470 process
American Institution of ResearchPreserved through N-470 processMust meet regular statutory requirement
American FirmPreserved through N-470 processMust meet regular statutory requirement
Media OrganizationsExemptExempt
Interpreter, Translator, SecurityEntire period abroad counts as residenceEntire period abroad counts as presence
Religious DutiesTime abroad counts if N-470 is approvedTime abroad counts if N-470 is approved

2.1 U.S. Government or Specified Employees

Eligibility Requirements:

  • Must be an LPR continuously in the U.S. for at least one year before filing.
  • Must file Form N-470, Application to Preserve Residence for Naturalization.

Benefits:

  • Approved applicants will be credited with time abroad as residence.
  • Physical presence requirement is waived for U.S. government employees.

Special Notes:

  • Spouse and dependent unmarried children included in the application can also qualify if they are abroad with the applicant.

2.2 Media Professionals Abroad

Applicants employed by U.S.-incorporated nonprofit media organizations promoting U.S. interests abroad are exempt from continuous residence and physical presence requirements.

Eligibility Requirements:

  • Must have worked for the organization for at least five years after becoming an LPR.
  • Must file the naturalization application while still employed or within six months of termination.
  • Must intend to return to the U.S. after employment ends.

2.3 Interpreters, Translators, or Security

Section 1059(e) allows time abroad in certain security positions or as an interpreter/translator to count as residence and presence.

Eligibility Requirements:

  • Must be employed by the Chief of Mission, U.S. Armed Forces, or contractors working for them.
  • Must be in an executive or managerial role in security-related functions, interpreting, or translating.

Important Notes:

  • Executive or managerial roles must involve high-level planning and decision-making.
  • You must provide proof of eligibility.

2.4 Religious Workers Abroad

LPRs performing religious duties abroad can count this time towards residence and physical presence if:

  • They are ministers, priests, missionaries, or members of a religious order employed by a U.S. organization.
  • They have been in the U.S. for at least one year continuously after becoming an LPR.

Process:

  • File Form N-470 before, during or after the qualifying absence.
  • N-470 approval is required before naturalization can proceed.

3. Special Classes of Applicants

Some applicants are exempt under specific U.S. laws.

3.1 Military Service

Applicants with qualifying military service may be exempt or have modifications:

  • One Year of Military Service (INA 328)
  • Service During Hostilities (INA 329)
  • Service in WWII by Natives of the Philippines
  • Service Under the Lodge Act (1950)

3.2 Family Members of U.S. Citizens

Spouses, children and parents of U.S. citizens can be exempt:

  • Spouse of a U.S. citizen for three years (INA 319(a)).
  • Spouse of a military member serving abroad (INA 319(e)).
  • Surviving spouse of a U.S. citizen (INA 319(d)).
  • Children of U.S. citizens working abroad or surviving children (INA 320).

3.3 Other Classes

  • U.S. citizens who lost U.S. citizenship due to foreign military service (INA 327): Exempt from residence requirements.
  • Noncitizen Nationals: Time in outlying U.S. possessions counts as residence.
  • Service on U.S. Vessels (INA 330): Time on U.S. operated ships counts towards residence and physical presence.
  • National Security Contributions (INA 316(f)): Individuals making extraordinary contributions to U.S. security or intelligence are exempt.

4. Important Notes and Process

Forms:

  • File Form N-470 in most cases to preserve continuous residence.
  • Make sure to include supporting evidence for time abroad.

Documentation:

  • Proof of employment.
  • Evidence of intent to return to the U.S. (for certain exceptions).
  • Information about family members if applying for derivative benefits.

Jurisdiction, Place of Residence, and Early Filing: A Guide

The naturalization process can be tricky, especially when it comes to jurisdiction, residency requirements and filing deadlines. This guide breaks down Chapter 6 into simple, easy to read steps with new information and practical advice for applicants. Follow along to make sure you meet all the requirements for naturalization.

A. Three-Month Residency Requirement

What It Means

  • You must have lived in the state or service district where you will file for naturalization for at least three months before you apply.

Key Points

  • State: Includes all U.S. states, the District of Columbia, Puerto Rico, Guam, the Virgin Islands and the Commonwealth of the Northern Mariana Islands (CNMI).
  • Service District: The area under a specific USCIS office’s jurisdiction which may not be the same as state boundaries.

Important Notes

  • Some service districts cover multiple states and most states have multiple USCIS offices.
  • If you move after filing, notify USCIS so your A-file can be transferred to the correct jurisdiction.

B. Place of Residence

Definition

  • Your “residence” is where you actually live, not based on intent or plans.

How to Measure Residence

  • Residency starts from the moment you establish your principal dwelling in a location.

C. Special Residency Cases

  1. Military Members
    • Military members not eligible through one year of service may consider:
    • The state/service district where they have been physically present for at least three months.
    • Their spouse’s residence.
    • Their minor children’s residence.
    • Their home of record at the time of enlistment.
  2. Spouses of Military Members Abroad
    • Time abroad with a U.S. armed forces spouse counts as continuous residence in any U.S. state or district.
    • Such spouses can designate their place of residence abroad as any U.S. state/district.
  3. Students
    • Students attending school out of state can file:
      • In the state/district of their school.
      • At their home state if financially dependent on parents during the process.
  4. Commuters
    • Commuters must have a permanent U.S. residence to meet the residency requirement for naturalization.
  5. Multiple Residences
    • Applicants with residences in multiple states are judged by the location of their annual federal tax filings.
  6. Absences of Less Than One Year
    • Short absences abroad (≤ 1 year):
      • Remain in the state/service district before departure.
      • Return to the same residence and the three-month residency requirement continues.
      • Move to a new residence and a new three-month residency period is required before filing.
  7. Noncitizen Nationals
    • Noncitizen nationals living in U.S. outlying possessions meet continuous residence and physical presence requirements.
    • Must be in a U.S. state/service district for three months before filing.

D. 90-Day Early Filing Provision

Eligibility

  • Applicants under general naturalization provisions can file up to 90 days before completing 5 years of continuous residence as a Lawful Permanent Resident (LPR).

How It Works

  • USCIS counts back 90 days from the day before the 5 year mark.
  • Example: If the 5 year mark is June 10, 2025, the earliest filing date is March 12, 2025.

Important Notes

  • Filing early does not waive the full 5 year requirement by the time of naturalization.
  • For early filers, the 3 month residency requirement applies to the period immediately before the application interview.

E. Expedite Processing for SSI Beneficiaries

Who Qualifies

  • Applicants at risk of losing SSI within 1 year.
  • Applicants whose naturalization application has been pending for 4 months or more.

How to Expedite

  1. Use Info Pass or mail to USCIS.
  2. Submit:
    • A cover letter stating the emergency (SSI termination).
    • A copy of the SSA letter showing termination details (write the USCIS A-number at the top).

Reminders

  • USCIS will expedite the case but will still verify all requirements are met.

Attachment to the Constitution

Naturalization in the U.S. requires showing a strong tie to the U.S. Constitution. This chapter covers the requirements, process and considerations for this part of becoming a U.S. citizen.

A. What is Attachment to the Constitution?

Attachment to the Constitution means a strong and real connection to the principles and values in the U.S. Constitution. It goes beyond just agreement and means:

  • A depth of feeling that leads to active adherence to the Constitution.
  • A willingness to support and respect the democratic processes and rule of law established by the Constitution.

Requirements for Attachment

You must:

  1. Embrace the Principles of the Constitution: You must understand and support the basic tenets of the U.S. government.
  2. Oppose Hostility to the Constitution: Those who are opposed to the form of government or principles of the Constitution are not eligible for naturalization.
  3. Take the Oath of Allegiance: The Oath confirms the applicant’s attachment and commitment to the Constitution at a public naturalization ceremony.

Key Parts of the Oath of Allegiance

When you take the Oath, you must:

  • Take the Oath freely and without mental reservation or evasion.
  • Renounce all foreign allegiances.
  • Pledge allegiance to the U.S. Constitution and its laws.
  • Accept the duties of citizenship, including military or civil service if required.

Showing Attachment

Attachment is shown by supporting and defending the democratic processes and laws resulting from the Constitution. This means obeying U.S. laws and a representative form of government.

B. Selective Service Registration

1. Who Must Register?

Selective Service registration applies to:

  • Males 18-26: Registration is required within 30 days of turning 18 and remains mandatory until age 26.
  • Registration was suspended in 1975 but resumed in 1980.

How to Register

You can register through:

  • Local post offices
  • Mail-in registration cards
  • The Selective Service website (sss.gov)

You can confirm registration online or by calling the Selective Service at (847) 688-6888.

USCIS Help with Registration

For males 18-26 applying for adjustment of status, USCIS sends the relevant data to the Selective Service. Registrants receive an official acknowledgement which serves as proof of compliance.

2. Failure to Register

Failure to register knowingly or willfully can:

  • Denial of the naturalization application.
  • Bad moral character and attachment to U.S. principles.

Age-Specific Consequences

  • Under 26: Generally not eligible for naturalization.
  • 26-31: May be eligible if they can prove failure to register was not knowing or willful.
  • Over 31: Failure to register is outside the statutory period so they are eligible.

Proof of Registration

You must:

  • Produce a status information letter or acknowledgement card.
  • Show by a preponderance of evidence that failure to register was not intentional.

C. Draft Evaders and Desertion

Draft evasion or desertion shows lack of attachment to the Constitution and commitment to U.S. values. This can bar naturalization permanently in some cases.

Key Points

  • Conviction: Those convicted of desertion or evasion during wartime are not eligible for naturalization.
  • Non-convicted Admissions: Applicants who admit to desertion may still be eligible if not formally convicted.
  • USCIS Investigation: Testimony, military records and security checks are used to verify desertion or evasion claims.

D. Membership in Certain Organizations

D. Membership in Certain Organizations

1. Problematic Affiliations

Membership in the following groups may make you ineligible:

  • The Communist Party
  • Totalitarian Parties
  • Terrorist Organizations

Membership in these groups shows lack of attachment to the Constitution and U.S. principles.

2. Burden of Proof

You must:

  • Show attachment to the Constitution.
  • Provide testimony and documentation at the naturalization interview.

Failure to do so will result in denial of application.

Communist Party Membership

You are not eligible if you:

  • Were a member or affiliate of the Communist Party within 10 years of filing for naturalization.
  • Advocated for communism or totalitarianism.
  • Published or distributed subversive materials.

Exemptions

You may be exempt if:

  • Membership was involuntary or you were unaware of the organization’s goals.
  • Membership ended before age 16 or over 10 years before filing.
  • Membership was necessary for basic survival (e.g. food, employment).

Nazi Party Membership

Nazi membership bars naturalization permanently. You must show you were not complicit.

Persecution and Genocide

Persecution or genocide bars naturalization permanently. You may also be deportable.

Terrorist Organization Membership

Terrorist group connections raise national security concerns and affect eligibility due to moral character and attachment requirements.

This updated guide explains the naturalization requirements for attachment to the Constitution. By meeting these requirements you show your commitment to U.S. values and principles.

Educational Requirements for Naturalization

Naturalization applicants in the U.S. must meet educational requirements to show they are ready for U.S. citizenship. These requirements include English language proficiency and basic knowledge of U.S. history, principles and government. Below is a detailed and easy to read explanation of these requirements, including exceptions and accommodations.

A. Educational Requirements

To become a U.S. citizen through naturalization, you must meet two educational requirements:

1. English Language

You must be able to:

  • Read: Understand and interpret words and phrases in everyday usage.
  • Write: Write simple sentences in everyday writing.
  • Speak: Engage in basic conversation in English.

2. U.S. Civics

You must know:

  • U.S. History: Major events, founding documents and key historical figures.
  • Government Structure: Principles and forms of government, including the Constitution, branches of government and democratic process.
  • Civic Principles: Rights and responsibilities of citizenship.

B. Background

Early Naturalization

  • Before 1906: There was no formal requirement for English, history, civics or constitutional knowledge. Courts granted citizenship if applicants were considered “law abiding”, “industrious” and had “good moral character”.
  • Example: In cases like In re Rodriguez (1897) moral character and industriousness was enough for naturalization.

Introduction of English and Civics Requirements

  • 1908:
    • Courts and the Immigration Service began to recognize that understanding the Constitution required some knowledge of its provisions.
    • Notable cases include In re Meakins (1908) and In re Vasicek (1921).
  • 1940:
    • Congress amended naturalization laws to:
      • Add an English language requirement.
      • Create certain exemptions based on age and long-term U.S. residence.
      • Require applicants to show understanding of constitutional principles.

Additional Changes

  • 1994:
    • Legislation added exceptions:
      • Applicants with qualifying medical disabilities were exempt from educational requirements.
      • Age and residency based exemptions for the English requirement were updated to current standards.
  • 2008:
    • USCIS introduced a new English and civics test to:
      • Standardize the testing process for all applicants.
      • Give all applicants equal opportunity to demonstrate English and civics knowledge.

C. Legal Basis

Key Statutes and Regulations

  • INA 312; 8 CFR 312: Educational requirements for naturalization.
  • INA 316; 8 CFR 316: General naturalization requirements.

Acts

  • Nationality Act of 1940: Introduced English and civics requirements and exemptions.
  • Immigration and Nationality Technical Corrections Act of 1994: Added medical disability exceptions and adjusted age based exemptions.

Remember

  • English and civics is the core of the naturalization process.
  • Exemptions are available for applicants who meet certain criteria, like age, residency duration or medical disabilities.
  • The naturalization process has become fair, inclusive and standardized for all applicants.

Testing Process

  1. Opportunities to Pass:
    • Applicants have two chances to pass the tests: the initial interview and the re-interview.
    • If an applicant fails any part of the tests after these two attempts the application is denied.
  2. Re-examination Policies:
    • If an applicant fails to show up for a re-examination without prior approval it will be counted as a failed attempt.
    • Applicants requesting a USCIS hearing on a denial will be retested on any previously failed parts.

D. Exemptions To Educational Requirements.

Applicants may be exempt from the English or civics requirements or both. These exemptions are based on age, residency duration or medical disability.

1. Age and Residency Exceptions

You may be exempt from the English language requirement if you meet one of the following:

  • 50/20 Rule: You are 50 years old or older and have been a lawful permanent resident (LPR) for 20 years.
  • 55/15 Rule: You are 55 years old or older and have been an LPR for 15 years.

Note: While these applicants are exempt from the English requirement, they must still take the civics test, although they may take it in their native language.

2. Medical Exceptions

Applicants with physical or developmental disabilities or mental impairments may be exempt from both the English and civics requirements.

Process for Medical Exceptions:

  • File Form N-648, Medical Certification for Disability Exceptions, completed by a licensed medical professional.
  • The medical condition must:
  • Prevent you from meeting the educational requirements.
  • Permanent.

Summary of Exceptions

CriteriaEnglish RequirementCivics Requirement
Age 50+ and LPR for 20+ yearsExemptMust pass; can use an interpreter
Age 55+ and LPR for 15+ yearsExemptMust pass; can use an interpreter
Age 65+ and LPR for 20+ yearsExemptSpecial civics test; can use an interpreter
Medical Disability (Form N-648)May be exemptMay be exempt

Detailed Exemptions

  1. Age and Residency:
    • Applicants 50+ years old who have been LPRs for 20+ years are exempt from English requirement but must pass civics test (with interpreter if needed).
    • Applicants 55+ years old with 15+ years as an LPR are exempt from English requirement.
  2. Special Circumstances:
    • Applicants 65+ years old with 20+ years as an LPR get a special civics test and can use an interpreter.
  3. Medical Disability:
    • Applicants with qualifying disabilities (Form N-648) may be exempt from either or both requirements if they cannot meet them due to the disability.

E. Meeting Requirements under IRCA 1986

The Immigration Reform and Control Act of 1986 (IRCA) introduced citizenship skills requirements for certain applicants who were seeking to adjust to LPR status. These requirements could be met by:

  • Passing the English and civics tests given by INS.
  • Passing tests from authorized organizations.

During naturalization re-examinations, only failed parts of these tests are retested and all applicants must show spoken English unless exempt.

F. English Part of the Test

Applicants must show proficiency in reading, writing, speaking and understanding English using everyday vocabulary and grammar.

Components of the Test

  1. Speaking Test:
    • Officers will ask the applicant questions about their naturalization application.
    • Applicants must generally understand and answer to pass.
    • Passing: Applicant answers questions meaningfully.
    • Failing: Cannot understand basic eligibility questions.
  2. Reading Test:
    • Applicants must read one of three sentences correctly.
    • Passing: Reads a sentence clearly enough to be understood.
    • Failing: Fails to read at least one sentence without major errors or pauses.
  3. Writing Test:
    • Applicants must write one of three dictated sentences in a way the officer can understand.
    • Passing: Conveys the meaning of the sentence despite minor errors.
    • Failing: Writes illegibly, omits key words or substitutes entirely different words.

G. Civics Part of the Test

Applicants must show knowledge of U.S. history, principles and government through a standardized oral civics test.

Features

  • Format: Officer asks 10 questions randomly selected by a USCIS computer.
  • Passing: Answer 6 out of 10 questions correctly.
  • Failing: Fail to answer at least 6 questions correctly.

Special Circumstances

  • Applicants 65+ years old with 20+ years as an LPR are tested on a shorter list of 20 questions.
  • Officers will exercise “due consideration” in evaluating answers based on age, education and length of residency.

H. Not Meeting Requirements

  • Applicants who fail any part of the test during the first examination are rescheduled for a second examination within 60-90 days.
  • If an applicant fails again the officer will deny the application for unmet educational requirements.
  • Refusing to answer test questions or not showing up is considered a test failure.

I. Recording Test Results

  • Officers must enter test results in the applicant’s A-file.
  • Applicants get their test results unless they get a denial notice right away.

By following these steps and criteria USCIS ensures a fair, standardized and transparent process for testing English and civics.

J. Study Resources and Tips

1. USCIS Resources

USCIS has official materials to help you study, including:

  • Civics Test Study Guides: Available online in multiple languages.
  • Practice Tests: Online quizzes mimic the test experience.
  • Vocabulary Lists: Focus on common words and phrases for the English test.

2. Community Resources

You can get:

  • Free or low-cost English and civics classes at local libraries, community centers or non-profit organizations.
  • Language learning apps and online tools for U.S. naturalization preparation.

3. Tips for Success

  • Start studying early and regularly.
  • Practice speaking English in daily life.
  • Use flashcards to memorize civics facts and key terms.
  • Take mock tests to build confidence,
  • There may be special considerations or accommodations for older applicants.
  • Misrepresentation of eligibility for exceptions can result in application denial or legal consequences.

By meeting these educational requirements or qualifying for exceptions, you are showing you are ready to fully participate in U.S. civic life as an informed and committed citizen.

Medical Disability Waiver (Form N-648)

The Medical Disability Waiver allows naturalization applicants to request a waiver of the English and civics requirements if they have a medical condition. This chapter explains the background, filing process, differences from accommodations, authorized medical professionals, scope of the exam and the review process for Form N-648. Below is a step by step guide to the Medical Disability Waiver.

A. Background of the Medical Disability Waiver

In 1994 Congress added a provision that allows individuals who cannot meet English and civics requirements due to physical or developmental disability or mental impairment. This waiver applies when:

  • The disability or impairment is “medically determinable” through clinical or laboratory tests.
  • The condition has lasted or will last at least 12 months.

Requirements:

  1. Medically Determinable Condition: Diagnosed by clinical or laboratory tests.
  2. Functioning Impairment: Applicant cannot meet English and civics requirements even with accommodations.
  3. Medical Professional Certification: A licensed professional completes Form N-648 under penalty of perjury certifying the applicant cannot meet the requirements.

B. Filing

1. Filing Form N-648

Applicants who want the waiver should:

  • Attach Form N-648 to their Application for Naturalization (Form N-400).
  • File it with their application, although USCIS will accept it later in the process.
  • Use the latest version of the form on the USCIS website.

2. Multiple Submissions

If multiple Form N-648s are submitted:

  • Officers will review any discrepancies.
  • Applicants are given an opportunity to explain any inconsistencies.

C. Medical Disability Waiver vs Accommodations

Differences:

  1. Medical Disability Waiver (Form N-648): Waives applicants from meeting English and civics requirements entirely due to a qualifying condition.
  2. Accommodations: Adjustments to the testing process without waiving the applicant. Examples:
    • Extra time for tests.
    • Sign language interpreters.
    • Off-site interviews.

Combined Requests:

Applicants can request both a waiver and accommodations. For example, a deaf applicant who needs a sign language interpreter and a waiver for English and civics can file Form N-648 and request accommodations.

D. Authorized Medical Professionals

Only the following licensed professionals can certify Form N-648:

  • Medical Doctors (MDs)
  • Doctors of Osteopathy (DOs)
  • Clinical Psychologists

Licensing Requirements:

These professionals must be licensed in the United States or its territories, including Puerto Rico, Guam and the Northern Mariana Islands.

E. Scope of the Exam

To make Form N-648 sufficient the medical professional must:

  1. Examine the applicant thoroughly.
  2. Identify and describe the medical condition(s).
  3. Explain how the condition(s) prevents the applicant from meeting the English and civics requirements.
  4. The condition has lasted or will last at least 12 months.
  5. The condition is not due to illegal drug use.

Tips for Form N-648:

  • Use plain language that a layperson can understand.
  • Only the medical professional can sign and certify the form, although staff can help with preparation.

Telehealth Exams:

USCIS accepts telehealth exams if:

  • Conducted in compliance with state telehealth laws.
  • Documented on Form N-648.

F. Form N-648 Review

1. General Guidelines

USCIS officers will review Form N-648 to see if it’s sufficient by:

  • Verifying it’s complete, certified and signed.
  • Ensuring no major discrepancies.
  • Confirm the medical professional’s explanation matches the applicant’s condition.

Officers should not:

  • Question the diagnosis without credible evidence.
  • Ask for medical or prescription records unless to resolve discrepancies.
  • Request specific tests.

2. Condition and Requirements

The medical professional must explain how the condition:

  • Prevents the applicant from reading, writing or speaking English.
  • Prevents them from understanding U.S. civics.

Note: Illiteracy or advanced age alone are not valid reasons for waiver.

3. Interpreters

If interpreters are used:

  • Their role must be noted on the form.
  • Officers can ask interpreters about their involvement but not about the applicant’s condition.

G. Form N-648 Sufficiency

1. Sufficient Forms

A sufficient Form N-648 must have:

  • Clinical diagnosis.
  • Proof the condition has lasted or will last 12 months.
  • Not drug-related.
  • Diagnosis methods.
  • Date of exam.
  • How the condition prevents meeting English or civics requirements.

2. Insufficient Forms

Reasons a form may be insufficient:

  • Missing information.
  • Contradictory evidence.
  • Major discrepancies between multiple submissions.

USCIS will:

  • Notify the applicant of the deficiencies.
  • Allow the same medical professional to resubmit an updated or corrected Form N-648.

H. Interview, Re-Exam and Hearing

1. Initial Interview

If Form N-648 is insufficient applicants can still take the English and civics tests.

  • Officers must explain the insufficiency and issue an RFE if required.

2. Re-Exam

  • Applicants can submit additional evidence, including a new Form N-648.
  • Officers will review all submissions to see if sufficient.

3. Hearing on Denial

  • Applicants can request a hearing if their N-400 application is denied by filing the N-336.
  • A full review of Form N-648 and additional evidence occurs at the hearing.

I. Reasons to Doubt

USCIS may question Form N-648 if:

  • The applicant was not seen by the certifying professional.
  • There is evidence of fraud or misrepresentation.
  • The medical professional is under investigation for fraud.

In that case the officer will consult with a supervisor and the next steps may be:

  • Request a supplemental Form N-648 from another professional.
  • Refer the case for fraud investigation.

The Medical Disability Exception allows applicants with qualifying conditions to naturalize without English and civics requirements. Follow the Form N-648 requirements and steps outlined above to make the process smoother for applicants and medical professionals. Always check with USCIS and clarify when in doubt to avoid delays or denials.

Good Moral Character (GMC)

Good Moral Character (GMC) is a requirement for U.S. citizenship through naturalization. You must show you have been of good moral character for a certain period of time and have no significant bad conduct. This chapter explains the GMC requirement step by step, and additional tips to help you navigate this part of the naturalization process.

A. What is Good Moral Character?

GMC means being of good moral and ethical standards expected of U.S. citizens. It means honesty, respect for the law and general integrity.

Why is GMC Important?

Showing GMC means new citizens will uphold the values of the United States and contribute to society. It is a legal requirement under U.S. immigration law.

Background

The concept of good moral character has been in U.S. naturalization law since the Naturalization Act of 1790. This requirement means naturalization applicants should meet the moral standards of their community.

Key Historical Context:

  • GMC is not based on whether the applicant was arrested or convicted. Any behavior or act that offends community moral standards may be considered.
  • Congress recognized that people who committed past misconduct can change over time. So statutory GMC periods were created to allow people to show reformation and be ready for naturalization.

B. GMC Period

Standard Time Frame

  • You must be of good moral character for the 5 years prior to filing for naturalization.
  • The period goes up to the time you take the Oath of Allegiance.

Exceptions to the Standard Period

  • Spouses of U.S. citizens: The GMC period is 3 years if you are applying under the special provisions for spouses.
  • Conduct outside the 5 year period: USCIS may look at behavior before the 5 year period if it affects your character.

C. Factors That Affect GMC

1. Good Moral Character Indicators

You can show good moral character by:

  • Compliance with all laws.
  • Honesty in all dealings, including during the naturalization process.
  • Community involvement or charitable work.

2. Conduct That Can Affect GMC

Certain behaviors and actions can disqualify you. Key disqualifying factors are:

a. Criminal Activity

  • Aggravated Felonies: Permanent bars to naturalization.
  • Crimes Involving Moral Turpitude (CIMT): Fraud, theft or assault.
  • Multiple Offenses: 2 or more offenses with 5 years or more combined imprisonment.

b. Immigration Violations

  • Fraudulent or false claims to U.S. citizenship.
  • Unlawful voting in federal, state or local elections.
  • Failure to register for Selective Service (if applicable).

c. Substance Abuse

  • Habitual drunkenness or drug use.
  • Convictions related to controlled substances.

d. Other Bad Conduct

  • Adultery that breaks up a marriage.
  • Failing to support dependents.
  • Giving false testimony for immigration benefits.

3. Permanent Bars to GMC

Certain actions will permanently bar you from showing GMC, including:

  • Persecution or genocide.
  • Terrorist activities.
  • Murder or aggravated felony conviction.

D. Showing Good Moral Character

Evidence to Support GMC

You can bolster your naturalization application by providing:

  • Criminal Records: Police clearance certificates to show no criminal history.
  • Tax Records: Proof of consistent and honest tax filing.
  • Affidavits: Letters of recommendation or character references from employers, community leaders or other reputable individuals.
  • Court Dispositions: Documentation of any prior offenses.

Honesty During the Process

Be honest during the application and interview process. Providing false information or hiding details can lead to denial.

E. USCIS’s GMC Determination

How USCIS evaluates GMC

  • USCIS officers review records, applicant testimony and evidence.
  • Officers may consider the seriousness, frequency and context of the bad conduct.

Case by Case

Every applicant is different. USCIS will consider mitigating factors such as:

  • Evidence of rehabilitation after bad behavior.
  • Time since the bad conduct.
  • Applicant’s community involvement or positive changes in behavior.

F. Additional Information and Resources

Applicant Tips

  • Start Now: Review your history and address any issues ahead of time.
  • Get Legal Advice: If you have concerns about your past, consult an immigration attorney.
  • Be Open: Disclose all relevant information, even if it’s not good.

USCIS Resources

  • Official USCIS guidance on GMC is online.
  • Use the USCIS website to find forms and instructions, like Form N-400 (Application for Naturalization).

Legal References

The following laws govern the GMC requirement for naturalization:

  • INA 101(f): Definition of good moral character.
  • INA 316 and 8 CFR 316: General naturalization requirements.
  • INA 316(e) and 8 CFR 316.10: GMC provisions.
  • INA 318: Burden of proof and preconditions to naturalization.

Meeting the GMC requirement is a big part of the naturalization process. By knowing what’s expected and preparing well, you can show you’re eligible and ready to be a responsible U.S. citizen.

Adjudicative Factors for “Good Moral Character” Determination

A. Applicable Statutory Period

The statutory period for good moral character (GMC) depends on the naturalization provision the applicant is using:

  • General Naturalization Applicants: 5 years prior to the application date.
  • Spouses of U.S. Citizens: 3 years.
  • Military Members or Veterans: Depending on the provision, 1 or 5 years before the application date.

Important: Applicants must show GMC not only during the statutory period but until naturalization is complete.

B. Conduct Outside the Statutory Period

USCIS may consider conduct outside the statutory period if:

  • Lack of reformation of character
  • Relevance to present moral character

Factors to Consider for Reformation:

  • Family ties and background
  • Criminal history (or lack thereof)
  • Education and employment records
  • Financial responsibility (e.g., taxes, debts)
  • Community involvement
  • Credibility and truthfulness
  • Compliance with probation or other legal obligations
  • Length of residency in the United States

Officers will consider the totality of the circumstances, weighing both positive and negative factors.

C. Definition of Conviction

1. Statutory Definition for Immigration Purposes

A “conviction” means:

  • A formal judgment of guilt by a court
  • Situations where adjudication is withheld but:
    • The person pleads guilty, nolo contendere, or admits guilt
    • A judge imposes some form of punishment or restraint

Some states have programs, such as pretrial diversion, where no admission of guilt is required and the conviction won’t be considered under immigration law.

2. Juvenile Convictions

  • Juvenile court convictions do not count for immigration purposes.
  • Charges tried in adult court for those under 18 do count as convictions.

3. Court Martial Convictions

  • Court martial judgments are considered convictions.
  • Disciplinary actions that are not court martial are not convictions.

4. Adjudication Deferred

  • Adjudication deferred is a conviction if punishment was imposed along with a finding or admission of guilt.
  • If no punishment was imposed, it’s not a conviction.

5. Vacated Judgments

  • Vacated judgments are not convictions if based on constitutional or procedural error.
  • Dismissals for reasons other than the merits (e.g., to avoid immigration consequences) are convictions.

6. Foreign Convictions

  • Foreign convictions count if the crime is criminal under U.S. law.
  • U.S. federal law determines if the crime is a felony or misdemeanor.

7. Pardons

  • A full and unconditional U.S. pardon before the statutory period may restore GMC if reformation is shown.
  • Pardons during the statutory period require evidence of extraordinary circumstances.
  • Foreign pardons are not recognized for immigration purposes.

8. Expunged Records

  • Expunged convictions are still valid for immigration purposes.
  • Expungedments in foreign countries are also convictions.

9. Changes in Sentence

  • Only changes based on procedural or substantive error in the original proceeding affect immigration determinations.
  • Post-sentence modifications for rehabilitative purposes do not change the original sentence for immigration purposes.

D. Probation

An application cannot be approved if the applicant is:

  • On probation
  • On parole
  • Serving a suspended sentence

Once probation or parole is completed, the applicant may still establish GMC if other factors are favorable.

E. Admission of Certain Criminal Acts

An applicant’s admission to committing specific crimes can bar GMC, even if no charges were filed. This includes:

  • Crimes of moral turpitude (CIMT)
  • Violations of controlled substance laws

Requirements for Valid Admission:

  • The officer must explain the specific law in plain language.
  • The applicant must admit to the elements of the crime under oath.
  • A sworn statement must be obtained.

F. “Purely Political Offense” Exception

Offenses from fabricated charges or political repression may be “purely political offenses.”

Exceptions:

  • CIMT convictions
  • Convictions with combined sentences over 5 years
  • Incarceration over 180 days

Officer should consult legal counsel to determine if the offense is purely political.

G. Extraordinary Circumstances

Certain conditional bars to GMC may not apply if extraordinary circumstances existed before or during the offense:

Relevant Offenses:

  • Failure to support dependents
  • Adultery
  • Unlawful acts

Reformation or rehabilitation after the fact is not an extraordinary circumstance.

H. Removability and GMC

Not meeting GMC standards may result in:

  • Denial of the application
  • Removal proceedings depending on the case

Not all applicants without GMC will be removable. Officers may deny the application without issuing a Notice to Appear.

This guide provides a roadmap to the adjudicative factors for GMC for naturalization so applicants and officers can make informed decisions.

Evidence and the Record of Good Moral Character

Naturalization requires applicants to show good moral character (GMC) and officers must review evidence and records to determine this. This chapter covers the steps and considerations for reviewing applicant testimony, court dispositions and responses to evidence requests.

A. Applicant Testimony

During the interview

  • Getting a Full Record:
  • Officers must ask questions to uncover any criminal, unlawful or questionable activity the applicant has ever done, even if it’s not directly related to GMC.
  • Tailoring Questions for Understanding:
  • Consider the applicant’s education and English proficiency.
  • Questions may need to be rephrased or added to ensure the applicant understands the process.

Sworn Statements

  • If an applicant admits to committing a crime for which they were never charged, indicted, arrested or convicted, the officer must:
    • Get a sworn statement of the admission.
    • Use the sworn statement as evidence for GMC.

Practical Tips for Applicants

  • Be truthful during the interview.
  • Review your personal history and know the common areas of inquiry for GMC.

B. Court Dispositions

Officer Authority

  • Officers can request certified court dispositions for any crime committed in the U.S. or abroad.
  • These are key to GMC.

Applicant’s Responsibility

  • Applicants must provide certified court dispositions for crimes during the period of time.
  • Additional documents may be required if:
    • The crime occurred after November 29, 1990 and may be an aggravated felony.
    • The crime is murder or makes the applicant removable.
    • The crime occurred outside the period of time but combined with others affects GMC.
    • The applicant is still on probation or served 180+ days of incarceration during the period of time.

When Records Are Not Available

  • If court or police records cannot be obtained:
  • Applicants must provide original or certified letter from the law enforcement agency or court stating the records are not available.

Practical Tips

  • Get all required records early in the process.
  • Make sure certifications are from the right jurisdiction.
  • Keep personal copies of all submitted evidence.

C. Failure to Respond to Evidence Request

Officer Actions

  • If an applicant doesn’t respond to a request for additional evidence after the initial interview:
    • Officer decides the application based on the evidence already in the file.
    • Officer can’t deny the application because of lack of prosecution after the initial interview.

Applicant Responsibility

  • Respond to all USCIS requests for evidence promptly.
  • Keep track of deadlines and stay in touch with USCIS if there are delays.

Practical Tips for GMC

  1. Before the Interview:
    • Get all court dispositions and supporting documents for any criminal or legal history.
    • Know the period of time for GMC.
  2. During the interview:
    • Be prepared to discuss your personal history and provide more information if needed.
    • Ask to clarify if you don’t understand a question.
  3. Follow Up:
    • Check your case status often.
    • Submit evidence or responses to requests timely.

By following these steps and providing all the documentation, applicants can make the GMC process smoother during naturalization.

Permanent Bars to Good Moral Character (GMC)

Good Moral Character (GMC) is a requirement for naturalization in the US. Some crimes permanently bar an applicant from establishing GMC. This chapter will go over those crimes in detail, what they mean and how.

A. Murder

Permanent Bar

An individual convicted of murder at any time is permanently barred from establishing GMC for naturalization. This is the most serious of all crimes, moral character concerns are irreparable.

  • Key Statute: 8 CFR 316.10(b)(1)(i)

Notes

  • Murder convictions are not considered when the crime was committed. There is no statutory period or rehabilitation exception for this crime.

B. Aggravated Felony

Overview

In 1996, Congress added to the list of crimes that are considered “aggravated felonies” under immigration law. Any applicant convicted of an aggravated felony after November 29, 1990 is permanently barred from establishing GMC for naturalization.

  • Key Statute: 8 CFR 316.10(b)(1)(ii)

Pre-1990 Convictions

  • Applicants convicted of aggravated felonies before November 29, 1990 are not automatically barred. But the seriousness of the crime and the applicant’s moral character now are major factors in the process.

What is an Aggravated Felony?

The Immigration and Nationality Act (INA) defines aggravated felonies broadly, including many serious crimes. Some crimes require a minimum of one year of imprisonment to qualify.

  • Imprisonment Defined: The term of imprisonment means the entire period of confinement ordered by the court, regardless if the sentence is suspended.

Examples of Aggravated Felonies

Here is a quick reference table:

Aggravated FelonyCitation
Murder, Rape, or Sexual Abuse of a MinorINA 101(a)(43)(A)
Illicit Trafficking in Controlled SubstancesINA 101(a)(43)(B)
Illicit Trafficking in Firearms or Destructive DevicesINA 101(a)(43)(C)
Money Laundering (over $10,000)INA 101(a)(43)(D)
Explosive Materials and Firearms OffensesINA 101(a)(43)(E)(i)–(iii)
Crime of Violence (imprisonment ≥ 1 year)INA 101(a)(43)(F)
Theft Offense (imprisonment ≥ 1 year)INA 101(a)(43)(G)
Child PornographyINA 101(a)(43)(I)
Fraud or Tax Evasion (over $10,000)INA 101(a)(43)(M)(i), (ii)
Alien SmugglingINA 101(a)(43)(N)
Document Fraud (imprisonment ≥ 1 year)INA 101(a)(43)(P)
Attempt or Conspiracy to Commit an Aggravated FelonyINA 101(a)(43)(U)

Officer Considerations

  • Severity of the Crime: How serious was the crime?
  • Current Behavior: Does the applicant’s behavior during the statutory period show genuine rehabilitation?

C. Crimes Against Humanity and Severe Human Rights Violations

Applicants who have committed severe human rights violations are permanently barred from establishing GMC. Here are the specific offenses and their consequences:

1. Nazi Persecutions

  • Permanently barred.
  • Key Examples: Ordering, inciting, assisting or otherwise participating in the persecution of persons under the Nazi regime.
  • Statute: INA 101(f)(9); INA 212(a)(3)(E)

2. Genocide

  • Permanently disqualified.
  • Definition of Genocide:
    • Killing members of a group.
    • Causing serious bodily harm to members of the group.
    • Imposing conditions intended to destroy the group.
    • Forcibly transferring children to another group.

Statute: 18 U.S.C. 1091; Article II of the UN Convention on Genocide

3. Torture or Extrajudicial Killings

  • Torture: Intentional infliction of severe physical or mental pain by someone acting under color of law.
  • Extrajudicial Killings: Killings without due process.
  • Key Statutes: 18 U.S.C. 2340; 28 U.S.C. 1350

4. Severe Violations of Religious Freedom

  • Applicants who directly engaged in systematic, egregious violations of religious freedom while serving as foreign government officials are permanently barred.

Examples:

  • Torture or inhuman treatment.
  • Long term detention without charges.
  • Forced disappearance.
  • Denial of basic rights to life, liberty or security.

Statute: 22 U.S.C. 6402

Summary

Applicants who are permanently barred from establishing GMC cannot naturalize. Officers must review each case carefully, considering the applicant’s criminal history and the crime.

  • Murder and Aggravated Felonies: No exceptions for murder and post-1990 aggravated felony convictions are permanently disqualifying.
  • Crimes Against Humanity: Genocide, torture, extrajudicial killings and severe violations of religious freedom.
  • Documentation Requirements: Applicants must rebut any ineligibility claims.

Conditional Bars to Good Moral Character (GMC) in the Statutory Period

The Immigration and Nationality Act (INA) lists both permanent and conditional bars to establishing good moral character (GMC) during the naturalization statutory period. This chapter covers the conditional bars, the acts and offenses that trigger them, the exceptions and considerations.

Conditional bars are not permanent but specific to acts, circumstances or convictions that occurred during the statutory period, including before filing and up to the Oath of Allegiance.

Summary:

  • Conditional bars are specific to acts, offenses or convictions.
  • Acts not listed as permanent or conditional bars can still affect GMC.
  • Officers consider U.S., state or foreign laws when considering convictions.

Table of Conditional Bars to GMC:

OffenseCitationDescription
Crimes Involving Moral TurpitudeINA 101(f)(3), 8 CFR 316.10(b)(2)Conviction or admission of one or more CIMTs, except for one petty offense.
Aggregate Sentence ≥ 5 YearsINA 101(f)(3), 8 CFR 316.10(b)(2)Conviction of two or more offenses with a combined sentence of 5 years or more.
Controlled Substance ViolationINA 101(f)(3), 8 CFR 316.10(b)(2)Violation of any controlled substance law, excluding simple possession of 30g or less of marijuana.
Incarceration ≥ 180 DaysINA 101(f)(7), 8 CFR 316.10(b)(2)Incarceration for a total of 180 days or more.
False TestimonyINA 101(f)(6), 8 CFR 316.10(b)(2)False testimony under oath to obtain immigration benefits.
Prostitution OffensesINA 101(f)(3), 8 CFR 316.10(b)(2)Engaging in or profiting from prostitution.
Smuggling of a PersonINA 101(f)(3), 8 CFR 316.10(b)(2)Assisting a person to unlawfully enter the U.S.
PolygamyINA 101(f)(3), 8 CFR 316.10(b)(2)Practicing polygamy.
Gambling OffensesINA 101(f)(4), 8 CFR 316.10(b)(2)Two or more gambling offenses or deriving income from illegal gambling activities.
Habitual DrunkardINA 101(f)(1), 8 CFR 316.10(b)(2)Habitual intoxication or multiple alcohol-related offenses.
Driving Under the InfluenceINA 101(f)Two or more DUI convictions.
Failure to Support DependentsINA 101(f), 8 CFR 316.10(b)(3)Willful failure to support dependents without extenuating circumstances.
AdulteryINA 101(f), 8 CFR 316.10(b)(3)Extramarital affair tending to destroy an existing marriage.
Unlawful ActsINA 101(f), 8 CFR 316.10(b)(3)Acts reflecting adversely on moral character unless extenuating circumstances are present.

Conditional Bars Explained

  1. Crimes Involving Moral Turpitude (CIMTs)
    • Definition: Crimes that are inherently bad, vile or depraved, shocking to public conscience.
      • Examples: fraud, theft or violence with malicious intent.
    • Key Points:
      • Nature of the offense.
      • State specific definitions may vary; check local statutes and USCIS guidance.
    • A single petty offense may be an exception if:
      • It’s the only CIMT committed.
      • Sentence was 6 months or less.
      • Maximum possible sentence is 1 year or less.
    • Exceptions: CIMTs committed abroad for political reasons do not trigger this bar.
  2. Total Sentence of 5 years or more
    • Trigger: Two or more offenses with a combined sentence of 5 years or more.
    • Exclusions: Political offenses committed abroad.
  3. Controlled Substance Violations
    • Scope: Any violation of federal, state or foreign laws regarding controlled substances.
    • Federal Law Supremacy: Even if decriminalized under state law (e.g. marijuana), federal law’s classification as a Schedule I controlled substance applies.
    • Exceptions:
      • Single offense involving 30g or less of marijuana.
      • Related paraphernalia offenses tied to simple possession.
  4. Incarceration for 180 days or more
    • Application: The confinement itself, not the crime’s nature, triggers this bar if it occurred during the statutory period.
    • Exclusions: Political offenses abroad resulting in imprisonment.
  5. False Testimony
    • Definition: Deliberate false statements under oath to obtain immigration benefits.
    • Factors:
      • Must be oral.
      • Under oath.
      • Intent to obtain immigration benefits.
  6. Prostitution Offenses
    • Definition: Engaging in, importing for or profiting from prostitution.
    • Note: Single act of solicitation for personal use does not qualify.
  7. Smuggling of a Person
    • Trigger: Assisting in illegal entry into the U.S.
    • Exception: Smuggling a spouse, parent or child before May 5, 1988, without involving others.
  8. Polygamy
    • Definition: Having more than one spouse at a time.
    • Verification: Officers review marital history and supporting documents.
  9. Gambling Offenses
    • Trigger: Two or more gambling convictions or primary income from illegal gambling.
  10. Habitual Drunkard
    • Evidence: Divorce decrees, arrest records and employment records may show habitual intoxication.
  11. DUI
    • Trigger: Two or more DUI convictions create a presumption of lack of GMC.
    • Rebuttal: Evidence of reform does not rebut lack of GMC during the conviction period.
  12. Failure to Support Dependents
    • Definition: Willful failure to meet support obligations.
    • Factors:
      • Extenuating circumstances like unemployment.
      • Good faith efforts to support.
  13. Adultery
    • Trigger: Affairs that harm an existing marriage.
    • Exceptions: Mutual separation or invalid divorce.
  14. Unlawful Acts
    • Definition: Acts violating criminal or civil law, that show bad character.
    • Case-by-Case: Officers will determine if the act violates community standards and if there are extenuating circumstances.
    • Examples:
      • Tax fraud.
      • Social Security fraud.
      • Falsifying records.

Key Points for Officers

  • Case-by-Case Analysis: Each case must be evaluated individually, considering the laws and facts.
  • Burden of Proof: Applicants must provide evidence to rebut the presumption of GMC violations.
  • Extenuating Circumstances: Must occur before or during the act and mitigate the GMC.

This will help officers and applicants understand the conditional bars to GMC and make informed decisions in naturalization cases.

Special Rules for Spouses of U.S. Citizens

A. Purpose

Spouses of U.S. citizens have special routes to naturalization under the Immigration and Nationality Act (INA). These routes offer flexibility, including overseas processing, while tied to general naturalization requirements. Here are the options for spouses:

Special Routes for Spouses of U.S. Citizens

5 year residency route

  • Spouse can naturalize under general provisions after 5 years as an LPR in the U.S.

3 year residency route

  • Spouse can apply after 3 years as an LPR if married to a U.S. citizen during that time.

Employment Abroad

  • Spouse of a U.S. citizen working for the U.S. government or qualifying organizations can naturalize without meeting the usual residency or physical presence requirements.

Military Service Abroad

  • Spouse of a U.S. citizen serving abroad in the military can naturalize while living with their spouse overseas. Time spent abroad counts towards U.S. residency and physical presence requirements.

Surviving Spouses

  • Spouse of a U.S. citizen who dies during honorable active-duty military service can naturalize without meeting residency or physical presence requirements.

Victims of Abuse

  • Spouse, former spouse or intended spouse of a U.S. citizen who obtained LPR status due to being battered or subjected to extreme cruelty can also naturalize through these provisions.

B. History

The naturalization process for spouses of U.S. citizens has changed since 1922. Initially Congress recognized that it was inefficient to require spouses to wait 5 years for citizenship. Over time the laws have been simplified and clarified:

  • 1922: Created expedited naturalization for spouses.
  • 1934: 3 year residency requirement.
  • 1940: Consolidated in Nationality Act of 1940.
  • Today: Reflects decades of congressional intent to give spouses the benefits and protections of U.S. citizenship.

These changes have been in place for a long time to support U.S. citizens and their families through naturalization routes.

C. Quick Reference Chart

General Provisions for Spouses of U.S. Citizens

ProvisionMarriage and Marital UnionContinuous ResidencePhysical PresenceOverseas Processing
Spouses Residing in U.S.Married and living in marital union for 3 years prior to filing3 years after becoming LPR18 months during residency periodNot applicable, except for military spouses
Spouses Employed AbroadMarried prior to filingMust be LPR at filing; no specified periodNot applicableInterview and Oath must occur in U.S.
Surviving Military SpousesMarried and living in marital union at time of deathMust be LPR at filing; no specified periodNot applicableInterview and Oath must occur in U.S.

D. Law

The following laws and regulations apply to naturalization of spouses of U.S. citizens:

  1. General
    • INA 316; 8 CFR 316
  2. Spouses
    • INA 319; 8 CFR 319
  3. Military
    • INA 319(e); 8 CFR 316.5(b)(6); 8 CFR 316.6
    • 8 U.S.C. 1443a – Overseas naturalization for military families

Now that you know these routes and laws, you can naturalize more easily whether you’re in the U.S. or abroad.

Marriage and Marital Union for Naturalization

Marriage and Marital Union 101 is crucial for applicants naturalizing based on marriage to a U.S. citizen. This will walk you through the steps and requirements so you’re clear and compliant with USCIS.

A. Valid Marriage

1. Defining Valid Marriage

Place-of-Celebration Rule

  • A marriage is valid by the law of the place where it was celebrated.
  • If a marriage is recognized in the jurisdiction where it was performed, it’s generally valid for immigration purposes.

Applicant’s Burden

  • The applicant must show their marriage is valid and has been in effect for the required time.
  • A marriage certificate is usually sufficient proof of a valid marriage.

Exceptions

USCIS does not consider the following as valid marriages even if legal in the place of celebration:

  • Polygamous marriages
  • Marriages contrary to the strong public policy of the state of residence
  • Civil unions, domestic partnerships or other relationships not considered marriages
  • Proxy marriages (unless consummated)
  • Marriages entered into to evade immigration laws

Final Reminders and Tips

Legal Background

  • After the 2013 Supreme Court ruling on the Defense of Marriage Act (DOMA), same-sex marriages are treated the same as opposite-sex marriages.
  • Place-of-Celebration Rule applies, validity determined by the jurisdiction where the marriage was performed.

Domicile Considerations

  • If a same-sex couple resides in a state that doesn’t recognize same-sex marriages, USCIS looks to the laws of the state where the marriage was performed.
  • Recognition of same-sex marriage for immigration purposes is not affected by the domicile state’s position.

3. Marriages Involving Transgender Persons

USCIS recognizes marriages involving transgender persons if:

  • The marriage is valid in the jurisdiction where it was performed.
  • It meets the same exceptions as other marriages (e.g., polygamy).

B. Foreign Divorces and Subsequent Remarriages

Key Points

  • A foreign divorce is valid if it’s valid under the laws of the country where it was granted and the U.S. state’s reciprocity laws.
  • A remarriage based on an incomplete foreign divorce is not valid for immigration purposes.

Jurisdiction and Domicile

  • The court granting the divorce must have authority over the divorce.
  • The domicile of the applicant and former spouse at the time of divorce matters.

Officer’s Responsibility

  • Verify the foreign court followed the proper procedures.
  • Determine if the divorce is final and binding.

C. Evidence of Valid Marriage

Primary Evidence

  • An official civil document, such as a marriage certificate, must be submitted with the application.

Secondary Evidence

  • If an official document is not available, secondary evidence may be accepted on a case-by-case basis.
  • USCIS can request original documents if authenticity is in doubt.

D. Common Law Marriage

What is Common Law Marriage?

  • A common law marriage is when two persons agree to be married and live together without a ceremony or license.

USCIS Recognition

  • Common law marriages are recognized if valid in the state where it was established.
  • Recognition applies even if the application is filed in a jurisdiction that doesn’t recognize common law marriage.

E. U.S. Citizenship from Filing to Oath

  • The applicant’s spouse must be a U.S. citizen from the time of filing to the Oath.
  • If the spouse loses citizenship before the Oath, the applicant is no longer eligible for naturalization under the spousal provisions.

F. Marital Union and Living in Marital Union

1. Living in Marital Union

  • Applicants must live with their U.S. citizen spouse from the time of filing to the Oath.
  • Marital union must have existed for at least 3 years prior to filing.

Exceptions

Applicants may still qualify in rare cases where the separation is involuntary (e.g., military deployment).

2. Loss of Marital Union

  • Death of Spouse: Applicant is not eligible unless the spouse was an active-duty service member who died in service.
  • Divorce or Annulment: Termination of eligibility as spouse of a U.S. citizen.
  • Expatriation of Spouse: If the spouse renounces U.S. citizenship, the applicant is no longer eligible.

3. Separation and Marital Union

  • Legal Separation: Changes marital rights and generally makes the applicant ineligible.
  • Informal Separation: USCIS looks at factors such as support, intent to reunite and involvement with others.
  • Involuntary Separation: Circumstances beyond the applicant’s control (e.g. military service) does not disqualify the applicant if marital unity remains intact.

Follow these guidelines and stay married and you’ll be naturalization ready!

Spouses of U.S. Citizens Living in the U.S.: Step by Step Guide to Eligibility for Naturalization

Naturalization is a big deal for spouses of U.S. citizens living in the U.S. This guide goes over the eligibility requirements and process to apply for naturalization. By knowing the steps and criteria you’ll be better prepared for the application.

Eligibility Requirements for Spouses Living in the U.S.

Spouses of U.S. citizens may qualify for naturalization based on marriage. To qualify applicants must meet:

  1. Age and LPR Status
    • Be 18 years old or older at the time of filing the naturalization application.
    • Be an LPR at the time of filing.
  2. Marital Union
    • Married to a U.S. citizen: Must remain married to the U.S. citizen spouse until the Oath.
    • 3 years of marital union: Applicants must have lived in marital union with their U.S. citizen spouse for at least 3 years before filing. The citizen spouse must have been a U.S. citizen during that time.
  3. Continuous Residence and Physical Presence
    • 3 years of continuous residence in the U.S. as an LPR immediately before filing.
    • Physical presence: 18 months (548 days) of physical presence in the U.S. within the 3 years before filing.
    • State or district residency: Must have lived in the state or USCIS district with jurisdiction over their residence for at least 3 months before filing.
  4. Language and Civics
    • English proficiency: Read, write and speak English.
    • Civics knowledge: Know U.S. history, government principles and structure.
  5. Good Moral Character and Constitutional Attachment
    • Good moral character: Be of good moral character for at least 3 years before filing and until naturalization.
    • Attachment to the U.S. Constitution: Adhere to constitutional principles and be disposed to the good order and happiness of the United States.
  6. General Naturalization Provisions
    • Spouses can also apply under the general naturalization rules if they’ve been LPRs for at least 5 years or under special provisions for military families.

Living in Marital Union: Details

Definition and Duration

  • Must live in marital union with the U.S. citizen spouse for the 3 years before filing the application.
  • A valid marriage must exist from the application filing date until the Oath.

Exceptions

  • Battery or extreme cruelty: Spouses who have been battered or subjected to extreme cruelty by the U.S. citizen spouse are exempt from the marital union requirement.

Continuous Residence and Physical Presence

Continuous Residence

  • Be an LPR with a permanent dwelling place in the U.S. for at least 3 years before filing.
  • Temporary absences are allowed but prolonged absences may break continuous residence.

Physical Presence

  • Physically present in the U.S. for at least 18 months (548 days) within the 3-year period.
  • Document your travel history to ensure you meet this requirement.

90-Day Early Filing Provision

Eligibility to File Early

  • Can file the naturalization application up to 90 days before completing the 3-year continuous residence requirement.
  • Early filing does not move up the naturalization date; applicants must meet all requirements by the time of the interview.

Calculation Example

If an applicant meets the 3-year continuous residence requirement on June 10, 2024, they can file as early as March 12, 2024 (90 days prior).

Eligibility for Victims of Battery or Extreme Cruelty

Special Provisions

Spouses who have been battered or subjected to extreme cruelty can:

  • File for naturalization without meeting the marital union requirement.
  • Qualify even if divorced or separated from the abusive U.S. citizen spouse.

LPR Status Requirements

Eligible applicants may have LPR status through:

Application and Evidence

1. Form N-400

  • Complete and file Form N-400, Application for Naturalization, with the fee.
  • Choose the correct eligibility category (e.g. marriage to a U.S. citizen).

2. Spouse’s U.S. Citizenship

Applicants must provide evidence of their spouse’s U.S. citizenship, such as:

  • U.S. birth certificate.
  • Certificate of Naturalization or Citizenship.
  • U.S. passport.

3. Extra Documents

  • Proof of marital union (e.g. joint tax returns, shared leases or utility bills).
  • Evidence of continuous residence and physical presence (e.g. travel records).

Final Reminders and Tips

Be Prepared

  • Keep all your marriage, residence and physical presence records organized.
  • Get legal advice if your case has special circumstances (e.g. abuse or extended travel).

Stay Current

  • USCIS rules and regulations change; check the latest requirements before filing.
  • Be proactive about scheduling your biometrics and interview appointments.

Resources

  • USCIS.gov for official forms and information.
  • Practice tests for the English and civics exams.

Now you know the steps and requirements. Go file!

Naturalization for Spouses of U.S. Citizens Working Abroad

Spouses of U.S. citizens working abroad for qualifying employment may be eligible for a special naturalization process. This process waives some of the continuous residence and physical presence requirements for naturalization.

Here is the full step-by-step guide with explanations and tips.

A. General Eligibility

To naturalize, the applicant must:

1. Age and LPR Status

  • Be 18 years old or older at the time of filing.
  • Be an LPR at the time of naturalization.

2. Marital Status and Intent

  • Remain the spouse of the U.S. citizen until the Oath of Allegiance.
  • Be married to a U.S. citizen stationed abroad for at least 1 year.
  • Live abroad with the citizen spouse and return to the U.S. when the spouse’s employment ends.

3. Physical and Moral Requirements

  • Travel plans: Move to join the U.S. citizen spouse within 30-45 days after naturalization.
  • Language: Basic English (reading, writing and speaking).
  • Civics: Basic knowledge of U.S. history and government.
  • Moral character: Good moral character for 3 years before filing until the time of naturalization.
  • Attachment to principles: Support the U.S. Constitution and be well-disposed to the country’s good order and happiness.

4. Good Moral Character (GMC) Period

The statute doesn’t specify a GMC period for spouses working abroad but USCIS uses the 3-year GMC period for spouses of U.S. citizens living in the U.S.

B. Marital Union Requirements

  • Unlike other provisions, spouses of U.S. citizens working abroad don’t need to live in marital union with their spouse. But they must:
    • Be in a valid marriage.
    • Live abroad with their spouse and return to the U.S. when the employment ends.

C. Qualifying Employment Abroad

The U.S. citizen spouse must be employed abroad in one of the following:

  • U.S. Government (including military).
  • Recognized American institutions conducting research.
  • U.S.-based companies involved in foreign trade or commerce.
  • Public international organizations where the U.S. is a participating member by treaty or statute.
  • Religious organizations as a minister or missionary affiliated with a U.S. denomination.

The employment must be documented with contracts or official orders.

D. What does “Regularly Stationed Abroad” mean?

  • The citizen spouse must be stationed abroad for at least 1 year.
  • USCIS counts this period from the date of filing.

Key Points

  • Even if less than 1 year of qualifying employment remains at the time of interview or oath, the spouse is eligible as long as the employment was for at least 1 year at the time of filing.
  • The applicant must show this employment duration with evidence.

E. Exceptions to Continuous Residence and Physical Presence

Spouses of U.S. citizens working abroad can file for naturalization as soon as they get LPR status. They are:

  • Exempt from residence requirements: No 3-5 year residence requirement.
  • Exempt from physical presence requirements: No days in the U.S. required.

F. Examination and Oath in the U.S.

Applicants must:

  • Be physically present in the U.S. as an LPR during:
  • The naturalization interview.
  • The Oath of Allegiance ceremony.

G. Application and Evidence Requirements

1. Application Process

  • File Form N-400 (Application for Naturalization).
  • Choose “Other” eligibility category and select INA 319(b) for spouses of U.S. citizens working abroad.

2. Evidence of Citizenship

Show proof of the U.S. citizen spouse’s citizenship:

  • U.S. birth certificate.
  • Certificate of Naturalization or Citizenship.
  • Valid U.S. passport.
  • Consular Report of Birth Abroad (FS-240).

If primary evidence is not available, secondary evidence may be accepted with explanation.

3. Evidence of Employment

Document the U.S. citizen spouse’s qualifying employment:

  • Employer’s name and type of business.
  • Proof of U.S. ownership or interest in the company.
  • Job description and length of time abroad.

4. Statement of Intent

The applicant must state:

  • Will reside abroad with the U.S. citizen spouse.

Will return to the U.S. when the spouse’s employment abroad ends.

Additional Tips

  • Plan ahead: Get all your documents in order early to avoid delays.
  • Consult an expert: If your situation is unusual, consider an immigration lawyer.
  • Plan your travel: Make sure you can be physically present in the U.S. for the interview and oath.

This guide makes the naturalization process for spouses of U.S. citizens working abroad easy to understand and follow.

Conditional Permanent Resident Spouses and Naturalization

What is Conditional Permanent Residency?

Since 1986, some spouses of U.S. citizens have been admitted to the U.S. as lawful permanent residents on a conditional basis for 2 years. This is to ensure the marriage is not a sham to get around the immigration laws.

To become a full permanent resident, the Conditional Permanent Resident (CPR) must:

  • File a Petition to Remove Conditions on Residence (Form I-751) with their petitioning spouse.
  • File the petition with U.S. Citizenship and Immigration Services (USCIS) within the 90-day period before the 2nd anniversary of their CPR status.

Approval of the petition shows the marriage is real and ongoing.

Key Requirements to Remove Conditions

To remove the conditions, the CPR must show:

  • The marriage is valid: The relationship meets legal requirements and was not entered into fraudulently.
  • The marriage is intact: Has not been annulled or terminated.
  • The marriage was not for immigration purposes: Was not entered into to get immigration benefits.

Without an approved petition to remove conditions, naturalization as a U.S. citizen is not possible. However, there are exceptions for CPRs who:

  • Are married to a U.S. citizen employed abroad, or
  • Qualify based on military service.

CPR Spouses Who Must Have an Approved Petition Before Naturalization

In most cases, CPRs must have an approved petition to remove conditions before USCIS processes their naturalization application. This is when:

  1. Pending Petitions: The CPR’s petition to remove conditions is still pending when they file their naturalization application.
  2. 90-Day Filing Period: The CPR is in the 90-day window to file Form I-751 before naturalization.

Scenarios Involving Form I-751 and Naturalization

1. CPRs in the 90-Day Filing Period

In most cases, the 90-day period for Form I-751 will pass before the CPR can naturalize. But there are exceptions:

  • Spouses of U.S. citizens employed abroad.
  • Late filing of Form I-751 allowed in some cases.

In these cases:

  • The CPR must file the petition to remove conditions.
  • USCIS will adjudicate the petition before or with the naturalization application.

2. Pending Petitions and Naturalization Applications

If a CPR’s Form I-751 is pending during their naturalization process:

  • USCIS will adjudicate the petition to remove conditions first or concurrently with the naturalization application.
  • Naturalization cannot be approved until the petition to remove conditions is approved.

3. Failure to File or Denial of Petition

If the CPR fails to file Form I-751 or the petition is denied, their conditional status is terminated and they may be placed in removal proceedings. They will also be barred from naturalization.

CPR Spouses Who Can Naturalize Without Filing Form I-751

In some cases, CPR spouses can naturalize without filing a petition to remove conditions. These are:

1. CPRs Filing Based on Qualifying Military Service

CPRs who serve honorably in the U.S. military during designated periods of hostilities can:

  • Naturalize without being lawfully admitted as a permanent resident.
  • Skip the requirement to remove conditions on their residency.

This is because of their military service.

2. CPRs Filing as Spouses of U.S. citizens employed abroad

A CPR married to a U.S. citizen employed abroad may:

  • Naturalize without meeting specific residence or physical presence requirements.
  • Naturalize without filing Form I-751 if:
  • They have been a CPR for less than 1 year and 9 months.
  • They don’t reach the 90-day window to file Form I-751 before taking the Oath of Allegiance.

Although Form I-751 is not required, such CPR spouses must still show that:

  • The marriage is valid under the laws where it was entered into.
  • The marriage is still intact.
  • The marriage was not entered into fraudulently for immigration purposes.
  • No improper payments were made for the visa petition (except for attorney fees).

USCIS will not approve the naturalization application unless these conditions are met.

Special Circumstances for CPR Spouses of Investors

For CPR spouses admitted through the EB-5 investor program or as dependents of investors:

  • USCIS will adjudicate the petition to remove conditions before approving the naturalization application.

In summary:

  • CPR spouses need an approved Form I-751 to naturalize, except for military service and U.S. citizens employed abroad.
  • Failure to file or denial of Form I-751 will terminate CPR status and put them in removal proceedings.
  • Exceptions exist but still require proof of a valid, bona fide marriage.

By following these rules and requirements, CPR spouses can become full permanent residents and eventually U.S. citizens.

Citizenship for Children Born Abroad

This chapter is a straightforward guide to U.S. citizenship laws for children born outside the United States. It covers how children can acquire citizenship at birth or later in life and provides step-by-step instructions to make it easy to understand. Here’s what you need to know:

1. Purpose

U.S. laws allow children to acquire citizenship in ways other than being born in the United States. These are:

  • Citizenship at Birth: Children born abroad to U.S. citizen parents may acquire citizenship automatically.
  • Citizenship After Birth: Children, including adopted, may acquire citizenship later through their U.S. citizen parent(s) as long as they meet certain conditions before they turn 18.

Key terms:

  • Acquisition of Citizenship means getting citizenship at birth.
  • Derivation of Citizenship usually means getting citizenship after birth through a parent’s naturalization. But modern laws often combine these under “acquisition of citizenship.”

To qualify, the child must:

  • Be a “child” under U.S. law.
  • Be under 18 years old at the time of acquiring citizenship.

2. Background

Eligibility for U.S. citizenship depends on the laws in effect at the time of the child’s birth or subsequent events. Here are the key points:

Laws at Birth

  • A child’s citizenship depends on whether at least one parent was a U.S. citizen at the time of the child’s birth.
  • The parent(s) must meet specific residence or physical presence requirements in the United States before the child’s birth.

Changes Over Time

  • Pre-1978: U.S. citizens born abroad to one U.S. citizen parent had to meet physical presence requirements to keep their citizenship.
  • 1978 Revision: Physical presence requirements were removed and citizenship became simpler for children born abroad.
  • 2001 Child Citizenship Act (CCA):
    • Simplified automatic citizenship after birth for children under 18.
    • Introduced naturalization for foreign-born children outside the U.S. (INA 322).

3. Acquisition of Citizenship

Here are the pathways to U.S. citizenship for children born abroad:

INA SectionParental StatusResidency/Physical Presence RequirementsWhen Citizenship is Acquired
301(c)Both parents are U.S. citizensAt least one parent resided in the U.S. before the child’s birthAt birth
301(d)One parent is a U.S. citizen; the other is a U.S. nationalU.S. citizen parent physically present in the U.S. for 1 year before the child’s birthAt birth
301(g)One parent is a U.S. citizen; the other is a noncitizenU.S. citizen parent physically present in the U.S. for 5 years (2 after age 14) before the child’s birthAt birth
301(f)Unknown parentageChild found in the U.S. under age 5At birth
309(a)Born out of wedlock to a U.S. citizen father and a noncitizen motherBased on INA 301(e) or INA 301(g) provisionsAt birth
309(c)Born out of wedlock to a U.S. citizen mother and a noncitizen fatherU.S. citizen mother continuously present in the U.S. for 1 year before birth (before June 12, 2017); for later births, 5 years (2 after age 14)At birth
320At least one parent is a U.S. citizenChild resides in the U.S. as a lawful permanent residentWhen all conditions are met before age 18
322At least one parent is a U.S. citizenChild resides outside the U.S.; parent or grandparent must meet U.S. physical presence requirementsWhen the oath is administered

Repealed Provision

  • INA 321: This section was repealed in 2001. Previously, it allowed children to acquire citizenship through naturalization of both parents (or one parent in certain cases).

4. Relevant Laws

These laws govern acquisition and derivation of citizenship:

  • INA 101(c): Defines “child” for citizenship purposes.
  • INA 301: U.S. nationals and citizens at birth.
  • INA 309: Children born out of wedlock.
  • INA 320: Children in the U.S. permanently.
  • INA 322: Children outside the U.S. with U.S. citizen parents.

5. More Information

  • Adopted Children: Special rules apply for adopted children. See INA 320 and 322.
  • Military Families: Residence requirements may be different for children of U.S. government employees or military members stationed abroad.
  • Historical Variations: Prior laws may apply to children born before 1978 and 2001.

U.S. citizenship laws offer several ways for children born outside the U.S. to acquire citizenship. Knowing these provisions and the changes in the law is key. See the INA sections above for more information and consult with an attorney if needed.

Child and Residence for Citizenship and Naturalization

A. What is a Child

The term “child” means different things under the Immigration and Nationality Act (INA) depending on the context. You need to know the difference between these definitions as they apply to citizenship and naturalization versus other immigration processes.

Definitions of “Child”

  • For visa purposes: Includes children eligible for visa petitions and benefits.
  • For citizenship and naturalization: Has stricter criteria, excludes stepchildren unless they meet specific adoption requirements.

Important Note on Stepchildren

  • Visa Eligibility: Stepchildren are children for visa purposes if there is a valid stepparent relationship.
  • Citizenship and Naturalization: Stepchildren do not qualify unless:
    • The stepparent adopts the stepchild.
    • The adoption meets INA’s requirements.

General Requirements

To acquire citizenship after birth, the child must:

  • Be under 18.
  • Be unmarried.

Types of “Child” for Citizenship

Child of a U.S. Citizen Mother:

The child must be one of the following:

  1. Genetic Child: Recognized as the legal child of the U.S. citizen mother.
  2. Adopted Child: Including orphan and Hague Convention adoptees.
  3. Non-Genetic Gestational Child: The U.S. citizen mother must:
    • Have given birth to the child.
    • Be recognized as the parent.
  4. Child of a Legal Marriage: If the U.S. citizen mother was married to the child’s genetic or gestational parent at birth and is recognized as a parent by the jurisdiction.

Child of a U.S. Citizen Father:

The child must be one of the following:

  1. Legitimated Child: Recognized as the legal child of the U.S. citizen father.
  2. Adopted Child: Including orphan and Hague Convention adoptees.
  3. Child of a Legal Marriage: The U.S. citizen father must be married to the child’s genetic or gestational parent and recognized as a parent.
  4. Child Born Out of Wedlock: Must meet INA 309 requirements, including proof of legitimation or acknowledgment of paternity.

Legal Parental Recognition:

For citizenship purposes, “parent,” “mother,” or “father” means:

  • Genetic Child: Shares DNA with the parent.
  • Gestational Parent: Carried and gave birth to the child and is recognized as the parent.

In most cases, a birth certificate issued by the proper authority is sufficient evidence of the parent-child relationship unless disputed by other evidence.

B. Legitimation of a Child

Legitimation means placing a child born out of wedlock in the same legal status as a child born in wedlock. It is mainly applicable to father-child relationships.

Requirements for Legitimation:

  1. Legal Recognition: The child must be legitimated under the laws of:
    • The child’s residence or domicile.
    • The father’s residence or domicile.
  2. Age Requirement: Legitimation must occur before the child:
    • Turns 16 (in most cases).
    • Turns 18 or 21, depending on the citizenship provision.
  3. Custody: The child must be in the legal custody of the legitimating parent(s).

Special Cases for Gestational Mothers:

  • Non-genetic gestational mothers may need to formalize their legal relationship post-birth. The legal recognition generally goes back to the child’s birth unless otherwise stated by jurisdiction.

USCIS will review each case to determine if the child is legitimated and meets the citizenship requirement.

C. Adopted Children

To be an adopted child for citizenship:

  1. Must meet the requirements in INA.
  2. Must be a full, final and complete adoption.

Types of adopted children:

  • Family-based adoptions.
  • Orphan adoptions.
  • Hague Convention adoptions.

D. Children Born Through Assisted Reproductive Technology (ART)

ART means medical procedures that involve handling eggs, sperm or embryos outside the body to achieve pregnancy.

ART Facts:

  • Gestational parents can carry a child without a genetic link (e.g. using donor eggs or sperm).
  • Legal parentage is determined by the jurisdiction’s recognition at the time of the child’s birth.

ART and U.S. Citizenship:

  • A child may be a U.S. citizen if:
    • The gestational parent is a U.S. citizen and recognized as a parent.
    • The child meets all the requirements under the applicable citizenship or naturalization provision.
  • Post-Birth Legal Recognition: In some cases, additional steps may be required to formalize parentage after birth. This recognition generally goes back to the child’s birth unless otherwise stated.

E. Residence and Physical Presence for Citizenship

Definitions:

  • Residence: The principal, actual dwelling place in fact (not intent).
  • Physical Presence: The actual time spent in the United States, regardless of residence.

Examples of Residence vs. Physical Presence:

ScenarioPhysical PresenceResidence
Parent owns a home abroad but visits U.S. for 6 weeks.6 weeksNo U.S. residence
Parent attended summer camps for 3 years.6 monthsNo U.S. residence
Parent worked in the U.S. 9 months/year for 8 years.9 months/yearU.S. residence established

Special Cases:

  1. U.S. Citizens Born Abroad: A U.S. citizen born in the U.S. but never lived there cannot pass citizenship to their children.
  2. Government Employees or Armed Forces: Children born abroad to these parents may be exempt from residence requirements under INA 320.
  3. Temporary Stays or Commuting: Short visits or daily commutes to the U.S. do not establish residence.
  4. School Attendance: Extended school stays may be considered residence based on the circumstances.
  5. Property Ownership: Owning U.S. property does not establish residence unless the person lived there.

Evidence for Residence or Physical Presence

To prove residence or physical presence, use:

  • Marriage certificates with U.S. addresses.
  • Property leases or deeds.
  • Utility bills.
  • Employment or tax records (e.g. W-2 forms).
  • School or military records.
  • Vaccination and medical records.

This outline is a tool to help you understand and navigate the citizenship and naturalization process. Individual cases may vary, consult with a lawyer or USCIS for more information.

U.S. Citizenship at Birth: A Guide

This guide covers the basics of U.S. citizenship at birth, including special cases for children born in and out of wedlock and the documents needed to prove citizenship. The content is organized into easy to follow sections.

General Requirements for Citizenship at Birth

A person is a U.S. citizen at birth if:

  • Born in the United States: Individuals born in U.S. territory and subject to its jurisdiction (including children of aboriginal tribes like Indian, Eskimo, and Aleutian) are citizens at birth.
  • Born Outside the U.S.: Citizenship can be acquired if:
    • The person is a child of a U.S. citizen parent(s).
    • The U.S. citizen parent meets specific residence or physical presence requirements in the U.S. before the child’s birth.
    • All other INA 301 or 309 requirements are met.

Key Changes

  • October 10, 1978 Act removed retention requirements for those born after October 10, 1952 but those born before may still be subject to earlier rules. Officers may investigate parent or grandparent citizenship to verify claims.

Citizenship: Born in Wedlock vs. Out of Wedlock

A. Born in Wedlock

To prove citizenship, the child’s legal parents must be married at the time of birth. At least one parent must have a genetic or gestational relationship to the child.

Requirements for Citizenship:

  • Child born to married legal parents.
  • At least one parent meets the residence or physical presence requirements in the U.S. before the child’s birth.

Examples of In-Wedlock:

  1. Legal genetic and gestational mother + legal genetic father: In wedlock.
  2. Legal gestational mother + legal non-genetic parent: In wedlock.
  3. Legal genetic father + non-legal parent: Out of wedlock.

B. Born Out of Wedlock

Additional requirements apply when a child is born out of wedlock depending on whether citizenship is claimed through the mother or father.

Child of U.S. Citizen Father

To claim citizenship through the father:

  • A blood relationship must be established by proof.
  • Father was a U.S. citizen at the child’s birth.
  • Father agrees in writing to support the child until age 18.
  • Paternity is established through legitimation, acknowledgment under oath or court adjudication before the child turns 18.

Physical Presence Requirement: Father must meet residence requirements in INA 301.

Acceptable Documentation:

  • Affidavit of support.
  • DEERS (Defense Enrollment Eligibility Reporting System) enrollment.
  • Court ordered paternity determination.

Child of U.S. Citizen Mother

Rules vary by birth date:

  • Before June 12, 2017: Mother must have been physically present in the U.S. for 1 year before the child’s birth.
  • After June 12, 2017: Mother must have been physically present in the U.S. for at least 5 years, 2 years after age 14.

Child of Two U.S. Citizen Parents

Both parents are U.S. citizens, child inherits citizenship from either parent individually based on INA requirements.

Physical Presence and Residence Requirements

U.S. citizen parent(s) must meet residence or physical presence requirements in the U.S. for the child’s birth date. Key rules:

  • Two U.S. Citizen Parents: At least one parent must have been a resident in the U.S. or its outlying possessions.
  • One U.S. Citizen and One Noncitizen Parent: U.S. citizen parent must have been physically present in the U.S. for at least 5 years (2 of which must be after age 14).
  • U.S. Citizen and U.S. National Parent: Citizen parent must have been physically present for 1 continuous year.

Application for Certificate of Citizenship (Form N-600)

A person born outside the U.S. who acquired citizenship can file Form N-600 for a Certificate of Citizenship. This is the official proof of citizenship.

Application Process:

  1. File Form N-600 with supporting documents (e.g. birth certificates, parent’s documents).
  2. Attend an interview if required, unless waived due to sufficient documentation.
  3. If approved, take the Oath of Allegiance (waived for children under 14).

Alternative Evidence:

  • A U.S. passport or Consular Report of Birth Abroad (CRBA) is also proof of citizenship.

Discrepancies and Appeals

If USCIS finds a problem with the application it will:

  • Deny the application and send a written explanation with appeal information.
  • Request the revocation of a U.S. passport or cancellation of a CRBA if obtained fraudulently.

Appeal Process: You can appeal within 30 days (or 33 days if mailed).

Supreme Court Case: Sessions v. Morales-Santana

This 2017 case addressed unequal physical presence requirements for unwed U.S. citizen mothers vs. fathers. After the decision:

  • 5 year physical presence requirement (2 years after age 14) applies to both for births after June 12, 2017.
  • 1 year continuous presence rule applies to births before this date.

Interview and Oath Requirements

Interview Waiver:

The interview may be waived if:

  • Documentation is already on file.
  • A U.S. passport or CRBA is submitted with the application.

Oath Waiver:

For children under 14 or unable to understand the Oath of Allegiance, the Oath is waived and the certificate is issued.

Citizenship Acquisition Scenarios

Parents’ CitizenshipChild’s Birth DatePhysical Presence Requirement
Two U.S. Citizen ParentsAfter November 14, 1986One parent resided in the U.S.
U.S. Citizen Parent + NoncitizenBefore June 12, 20171 continuous year (mother); 5 years with 2 after 14 (father).
U.S. Citizen Parent + NoncitizenAfter June 12, 20175 years with 2 after 14 (both parents).

Now that you know these rules, you can better document U.S. citizenship acquired at birth.

Automatic Acquisition of Citizenship After Birth (INA 320)

The process of acquiring U.S. citizenship after birth is governed by specific laws and regulations. This chapter simplifies and expands on those rules so you can navigate INA 320 effectively.

Child Citizenship Act of 2000 (CCA)

The Child Citizenship Act (CCA) of 2000 simplified the process of automatic citizenship under INA 320 by creating one statutory path. The provisions apply to children born on or after February 27, 2001.

General Requirements for Automatic Citizenship

A child born outside the U.S. automatically becomes a U.S. citizen if all the following apply:

  • Parent’s Citizenship: The child has at least one parent who is a U.S. citizen by birth or naturalization (this includes adoptive parents).
  • Age: The child is under 18.
  • LPR: The child has LPR status.
  • Residency in the U.S.: The child is in the legal and physical custody of their U.S. citizen parent in the United States.

Notes

  • The order in which these requirements are met does not matter as long as all are met before the child’s 18th birthday.
  • The burden of proof is on the applicant to prove by a preponderance of the evidence (more likely than not).

Legal and Physical Custody

1. Legal Custody

Legal custody means the care and control of a child. It is determined by:

  • Jurisdictional laws,
  • Court orders,
  • Or presumptions based on specific parental situations.

How Legal Custody is Determined

  • Parents Are Married:
    • USCIS assumes both married parents have legal custody unless there is evidence to the contrary.
  • Child Living with a Surviving Parent:
    • If one parent is deceased, the surviving U.S. citizen parent has legal custody.
  • Child Born Out of Wedlock:
    • If the parents were never married, the parent with whom the child resides (or resided before age 18) has legal custody.
    • For U.S. citizen fathers, the father must have legitimated the child for legal custody to apply.
  • Divorce or Legal Separation:
    • The U.S. citizen parent granted primary care and control of the child by a court has legal custody.
    • If the custody order is silent or unclear, actual uncontested custody (where the child resides with the U.S. citizen parent) can establish legal custody.
  • Joint Custody:
    • If both parents share custody by court order, USCIS considers both parents to have legal custody.
  • Adopted Child:
    • The child lives with an adoptive parent who has a final adoption decree.

Private Custody Agreements

  • Private agreements between parents do not establish legal custody unless supported by state law or a court order.

Nunc Pro Tunc (Retroactive) Custody Orders

  • Retroactive custody orders issued after the child’s 18th birthday are not valid for INA 320 purposes.

Case-by-Case Situations

  • USCIS may consider other situations on a case-by-case basis to determine legal custody.

2. Physical Custody

Physical custody means a real connection between the U.S. citizen parent and the child. This means the child must live with the U.S. citizen parent.

Evidence for Physical Custody

Applicants must show the child lived with the U.S. citizen parent before their 18th birthday. Evidence includes:

  • Matching Addresses: Parent’s and child’s addresses match on official records (e.g., applications or forms).
  • School Records: Child’s address matches parent’s residence.
  • Medical Records: Health documents list parent’s address as child’s residence.
  • Tax Records: Federal income tax transcripts list child as dependent.
  • Affidavits:
    • From the U.S. citizen parent, stating the time period the child lived with them.
    • From the non-citizen parent, stating the child resided with the U.S. citizen parent.

Each case is reviewed individually if circumstances are different from above.

Special Circumstances

Children of Military or U.S. Government Employees

Children of U.S. citizen parents who are stationed overseas for military or government work may meet the residency and custody requirements through other means. See USCIS guidelines for details.

Summary

To automatically acquire U.S. citizenship, children born outside the United States must:

  • Be under 18.
  • Have a U.S. citizen parent (biological or adoptive).
  • Be a LPR.
  • Live in the legal and physical custody of their U.S. citizen parent.

Citizenship for Children of Armed Forces Members or U.S. Government Employees

The Citizenship for Children of Military Members and Civil Servants Act of 2020 added INA 320 to cover children of:

  • U.S. Armed Forces members stationed outside the U.S.
  • U.S. government employees stationed abroad.
  • Spouses of military members or government employees stationed abroad.

Requirements for Children Outside the U.S.

The child must:

  1. Be an LPR.
  2. Be in the legal and physical custody of their U.S. citizen parent.
  3. Have official orders to accompany their parent outside the U.S. (for military families).

The date of acquisition is when all conditions, including official orders, are met.

Citizenship before the Child Citizenship Act of 2000

For individuals 18 or older on February 27, 2001, INA 320 does not apply. Instead, former INA 321 applies to their citizenship eligibility. Requirements under INA 321 are:

  • Parental Naturalization: Both parents (or one under certain conditions) must naturalize.
  • Age: The child must be under 18 at the time of parental naturalization.
  • Residency: The child must be an LPR in the U.S. at the time of naturalization.

Apply for a Certificate of Citizenship (Form N-600)

Filing the Application

Proof of citizenship is not required but individuals can request documentation by filing Form N-600. Information to include:

  • Eligibility: Individuals 18 or older can file on their own. A parent or guardian must file for minors.
  • Fee Waivers: No filing fee for current or former U.S. Armed Forces members filing on behalf of their children.

Documents to Submit

  • Birth certificate.
  • Evidence of U.S. citizenship of parent (e.g., passport, naturalization certificate).
  • Proof of legal and physical custody.
  • LPR documentation (e.g., green card).

Adjudication

USCIS will issue a Certificate of Citizenship if all requirements are met. Oath of Allegiance may be required except for children under 14 where it is usually waived.

Additional Documents and Supporting Evidence

Applicants may need to submit:

  • Marriage and divorce certificates of parents, if applicable.
  • Adoption decrees.
  • Military orders, if applicable.
  • Proof of name changes, if applicable.

Passport and Consular Report of Birth Abroad (CRBA)

As proof of citizenship:

  • A valid U.S. passport issued by the Department of State (DOS).
  • A Consular Report of Birth Abroad (CRBA) for children born overseas.

These documents can be used as evidence of U.S. citizenship and can accompany or replace a Certificate of Citizenship.

Denials, Appeals and Revocations

If an application is denied, applicants will receive a written notice with reasons and appeal rights. If fraud or error is suspected in the citizenship claim (e.g., using a fake passport or CRBA), USCIS will coordinate with DOS for revocation.

Interview and Oath Requirements

  • Interviews: USCIS may not require an interview if sufficient evidence is already submitted.
  • Oath of Allegiance: Usually waived for children under 14.

This guide is meant to make the process of acquiring U.S. citizenship under INA 320 easier to understand and help parents, guardians and individuals.

Children Born Abroad Guide

The Child Citizenship Act of 2000 (CCA) amended the Immigration and Nationality Act (INA) to provide a way for foreign born children who do not acquire U.S. citizenship under INA 320 and reside outside the United States with a U.S. citizen parent. Below we will outline the requirements and process step by step.

A. Children Born Abroad Eligibility Requirements

To naturalize under INA 322:

U.S. Citizen Parent:

  • The child must be the biological, step or adopted child of a U.S. citizen (by birth or naturalization).

Physical Presence:

  • The U.S. citizen parent or grandparent must have been physically present in the U.S. or its outlying possessions for at least 5 years, 2 of which were after age 14.

Age:

  • Under 18 years old at the time of filing.

Custody and Residency:

  • The child must reside outside the U.S. in the legal and physical custody of the U.S. citizen parent or a person who is consenting to the naturalization process.

Lawful Admission to the United States:

  • At the time of naturalization the child must be lawfully admitted, physically present and maintaining lawful status in the U.S.

Military Families:

  • Children of U.S. citizen parents serving in the U.S. armed forces on official orders may be eligible for exceptions to some of these requirements.

B. Who Can File on Behalf of the Child?

Usually the U.S. citizen parent files the application. However in certain situations:

  • If the U.S. citizen parent is deceased, a U.S. citizen grandparent or legal guardian can file the application within 5 years of the parent’s death.

C. Physical Presence of U.S. Citizen Parent or Grandparent

1. Parent’s Physical Presence:

  • The U.S. citizen parent must have been physically present in the U.S. for at least 5 years, 2 of which were after age 14. These can include time accrued before the parent became a U.S. citizen.

2. Military Service:

  • A U.S. citizen parent serving in the military can count time spent abroad on official orders as physical presence in the U.S.

3. Using Grandparent’s Physical Presence:

  • If the U.S. citizen parent cannot meet the physical presence requirements the child may use the physical presence of a U.S. citizen grandparent. Verification involves proving the grandparent’s citizenship and documenting their time in the U.S.

D. Temporary Presence in the United States

1.The child must be:

  • Lawfully admitted to the U.S. in any status (e.g. tourist visa, student visa).
  • Maintaining the lawful status under which they were admitted.
  • Physically present in the U.S. to take the Oath of Allegiance (unless waived).

2. Military Families:

  • Children of U.S. armed forces members may complete the naturalization process without traveling to the United States.

E. Government and Military Families

Children of U.S. government employees or military personnel stationed abroad can complete the entire naturalization process, filing, interview and oath outside the United States.

F. Filing the Application for Citizenship (Form N-600K)

1. Filing:

  • The U.S. citizen parent files Form N-600K to start the naturalization process for the child. If the parent is deceased, a U.S. citizen grandparent or guardian can file within 5 years of the parent’s death.

2. Military:

  • Children of U.S. armed forces members can complete the entire process without being physically present in the United States.

3. Result:

  • If approved the child will receive a Certificate of Citizenship which is proof of U.S. citizenship.

G. Supporting Documents

The following documents must be submitted with Form N-600K unless already on file:

  • Child’s Birth Certificate: Birth proof.
  • Parent’s Citizenship Evidence: Birth certificate, naturalization certificate or U.S. passport.
  • Marriage and Divorce Records: Marital status proof if applicable.
  • Legal Custody Documents: In cases of divorce or adoption.
  • Grandparent’s Physical Presence Evidence (if applicable): School records, military records or other official documents.
  • Proof of Lawful Admission: Documents showing the child’s lawful entry and status in the U.S.

H. Interview and Waiver

  • Interview:
    • Both the child and the U.S. citizen parent attend the interview. However the interview can be waived if sufficient documentation is already on file.
  • Waiver of Oath:
    • Children under 14 are generally excused from taking the Oath of Allegiance.

I. Decision on Application

1. Approved:

  • If approved the child will receive a Certificate of Citizenship upon taking (or being waived from) the Oath of Allegiance.

2. Denied:

  • If denied USCIS will provide written reasons and information on how to appeal within 30 days.

J. U.S. Passports and CRBA Evidence

  • Proof of Citizenship:
    • A valid U.S. passport or Consular Report of Birth Abroad (CRBA) is proof of U.S. citizenship.
    • Applicants with valid documentation are not eligible for naturalization under INA 322.
  • Revocation or Cancellation Requests:
    • If evidence shows fraudulent issuance, USCIS may request passport revocation or CRBA cancellation through the Department of State.

This guide is a summary of the process to obtain U.S. citizenship for children outside the United States. For more information consult USCIS or seek legal advice specific to your situation.

Updated: Special Provisions for Children Due to Hardship

The U.S. Immigration and Nationality Act (INA) has specific provisions for children who have been subjected to certain circumstances such as abuse or the loss of a U.S. citizen parent in military service to naturalize. These provisions are for children who have been battered or subjected to extreme cruelty and have special challenges and need U.S. citizenship under specific criteria.

A. Children Battered or Subjected to Extreme Cruelty

Eligibility Requirements

A child can naturalize under special provisions if they have acquired lawful permanent resident (LPR) status based on one of:

Approved Form I-360 (Self-Petitioning Child of an Abusive Parent):

  • As a child of an abusive U.S. citizen.
  • As a child of an abusive lawful permanent resident (LPR) parent who naturalized.

Derivative Status for a Self-Petitioning Parent:

  • The child was included in the petition filed by a parent who was battered or subjected to extreme cruelty by their U.S. citizen spouse.

Cancellation of Removal:

  • The child was granted relief based on abuse or extreme cruelty by their U.S. citizen parent.

Removal of Conditional Resident Status:

  • Through a battery or extreme cruelty waiver for Form I-751 (Petition to Remove Conditions on Residence).

Key Conditions

  • Must be at least 18 years old at time of filing.
  • Stepchildren are also eligible if they meet the conditions. Note the relationship with the U.S. citizen stepparent does not have to be in existence at the time of the application.

Exemptions from General Requirements

Applicants battered or subjected to extreme cruelty by their U.S. citizen parent are exempt from:

  • Living with the U.S. citizen parent for at least three years.
  • The requirement for the abusive parent to maintain citizenship throughout the naturalization process.

These apply to derivative children.

B. Surviving Child of Members of the U.S. Armed Forces

Eligibility Requirements

Children of U.S. citizen service members who died during honorable active-duty service may naturalize expedited. Key requirements are:

  1. Direct Relationship: The applicant must be the biological, legitimated or adopted child of the deceased U.S. citizen service member.
    • Children of non-genetic gestational mothers recognized as legal parents also qualify.
    • Surviving stepchildren are not eligible under this provision.
  2. Age and Residency: Must be at least 18 years old at time of filing.
  3. Posthumous Citizenship: Service members who were not U.S. citizens at the time of death but were granted posthumous citizenship can pass these benefits to their children.

Exemptions from General Requirements

Qualified surviving children are exempt from:

  • Continuous residence.
  • Physical presence.
  • Three-month residency in a specific state or jurisdiction.

How to File

  1. Check Eligibility:
    • Review your LPR status, approved petitions or circumstances of your U.S. citizen parent.
  2. File the Right Form:
    • File Form N-400 (Application for Naturalization) with supporting evidence.
  3. Submit Supporting Documents:
    • Proof of abuse, service member’s death during active duty or waiver approvals.
  4. Attend an Interview:
    • USCIS will schedule an interview to review details and eligibility.
  5. Take the Oath.

Additional Information

  • These provisions are to protect vulnerable children and honor U.S. armed forces families.
  • Legal advice or consult with an immigration attorney for complex cases.

This guide is a concise and organized summary of the special provisions for children naturalizing under hardship.

U.S. Armed Forces, Veterans and Eligible Family

A. Purpose

U.S. armed forces members, certain veterans and eligible family members may naturalize under special provisions of the INA. These provisions include expedited processing and the ability to file overseas, so those who serve the country can naturalize quickly.

To naturalize, applicants must meet general requirements which include:

  • Good Moral Character (GMC): Be of good moral character and comply with the law.
  • Residence and Physical Presence: Live in the U.S. for specified periods.
  • English Language Proficiency: Read, write and speak English.
  • Knowledge of U.S. Government and History: Know civics and history.
  • Attachment to U.S. Constitution Principles: Uphold constitutional principles.

Special Provisions for Military:

  • Military members and certain family members are exempt from the standard residence and physical presence requirements.
  • Children of military members can naturalize without being in the U.S.
  • Eligible applicants can file the entire naturalization process overseas.

Need Help? Military members and their families can call the Military Help Line at 1-877-CIS-4MIL (1-877-247-4645).

B. Background

Historical Context

The special naturalization provisions for military personnel have been around since the Civil War, recognizing their sacrifices. Over the years these provisions have evolved to include:

  1. Expedited Naturalization: For peacetime and designated hostilities military service.
  2. Family Benefits: Naturalize certain relatives of service members.
  3. Posthumous Citizenship: Has been granted since 1990 to service members who died from combat related injuries or illnesses.

Since September 11, 2001, there has been increased legislative interest in expanding these benefits and multiple changes to the military naturalization laws.

Key Legislation

1. Designation of Hostilities Period (Post-9/11)

  • July 3, 2002: President George W. Bush designated the period starting September 11, 2001 as a “period of hostilities” so service members could naturalize immediately.
  • This designation allowed for coordination between the Department of Defense (DOD) and USCIS to process applications faster.

2. 2003 Legislation

November 24, 2003: New laws expanded military naturalization provisions:

  • Reduced Service Requirements: Peacetime service requirement reduced from 3 years to 1 year.
  • Selected Reserve Eligibility: Added as a naturalization category during hostilities.
  • Family Benefits:
  • Citizenship for relatives of service members who die from combat.
  • Waiver of naturalization application fees.
  • Overseas Processing: Naturalization at U.S. embassies, consulates and military bases overseas.

3. 2008 Legislation

  • Continuous Residence Abroad: For military spouses and children accompanying service members, residence abroad is considered continuous U.S. residence and physical presence.
  • Overseas Naturalization for Families: Spouses and children can naturalize overseas.
  • Fingerprint Streamlining: Enlistment fingerprints can be used for background checks.
  • Expedited Processing Mandate: USCIS must process military naturalization applications within 6 months or provide an explanation for the delay.

Benefits for Military Families

Continuous Residence and Physical Presence Flexibility

  • Time spent abroad with a service member on official orders counts towards U.S. residence and physical presence requirements.
  • Prevents LPRs from losing status due to overseas deployment.

Naturalization for Children

  • A U.S. citizen parent can use overseas time towards physical presence requirements for their child’s naturalization.
  • Children can naturalize overseas.

Fee Waivers and Accessibility

  • Application fees are waived for military naturalization, whether peacetime or hostilities.

Naturalization processing is available overseas, reducing the burden on military families.

C. Statutory Authority

The following statutes apply to military naturalization:

  • INA 319; 8 CFR 319: Spouses of U.S. citizens.
  • INA 322; 8 CFR 322: Born outside the U.S.
  • INA 328; 8 CFR 328: Peacetime military service.
  • INA 329; 8 CFR 329: Military service during hostilities.
  • INA 329A; 8 CFR 392: Posthumous citizenship.
  • 8 U.S.C. 1443a: Overseas naturalization for service members and their families.

These laws ensure service members and their families receive the recognition and citizenship they deserve. For more information or updates visit the USCIS website or the Military Help Line.

What is Honorable Service?

Definition of Honorable Service

  • Service must be officially designated as honorable by the branch in which it was served.
  • Discharge types that qualify:
    • Honorable
    • General-Under Honorable Conditions
    • Uncharacterized (in some cases)

Discharge Types That Do Not Qualify

  • Other Than Honorable
  • Bad Conduct
  • Dishonorable

National Guard Service

  • Must have served in a federally recognized unit of the National Guard to count as qualifying service.

Residence and Physical Presence Details

Current or Recent Service Members

  • Those who:
    • File while serving, or
    • File within 6 months of an honorable discharge are exempt from residence and physical presence requirements.

Requirements for Others

  • Those filing 6 months or more after separation must:
    • Have continuous residence in the U.S. for 5 years.
    • Be physically present in the U.S. for 30 months of the 5 years prior to filing.

Using Military Service Towards Residence

  • Any honorable military service during the 5 year period counts towards residence and physical presence requirements.

More Information

International Military Academy Cadets

  • Generally international cadets at U.S. military academies are not eligible as their service is considered under their home country’s military.

Time Abroad

  • Time spent outside the U.S. on official military orders does not break continuous residence and is counted as time in the U.S.

Other Options

  • If you don’t qualify under the 1 year military service provision you may want to explore other options under general naturalization requirements.

Apply Now

1. Collect Required Documents

  • Proof of Service: Official military records showing honorable service.
  • Green Card: Proof of LPR status.
  • Additional Evidence:
    • Continuous residence and physical presence (if applicable).
    • Good moral character records.

2. File Form N-400

  • Fill out and submit Form N-400, Application for Naturalization, with required documents and fees.

3. Biometrics Appointment

  • Fingerprints, photo and signature for background check.

4. Naturalization Interview

  • At the interview:
    • Answer questions.
    • Show English language proficiency and U.S. civics knowledge.

5. Take the Oath

  • Attend a naturalization ceremony and become a U.S. citizen.

Now that you know what it takes, eligible service members and veterans can take the first step towards U.S. citizenship. If you need help, consult a lawyer or immigration officer to make the process easier.

Military Service and Naturalization during Hostilities: A Guide

Service members of the U.S. armed forces who serve honorably during designated periods of hostilities may qualify for expedited naturalization. Below is a step by step breakdown of eligibility criteria, process and details:

General Eligibility

To qualify for naturalization based on military service during hostilities you must meet the following:

  • Age: Any age.
  • Military Service: Must have served honorably in the U.S. armed forces during a designated period of hostilities.
  • Physical Presence or Lawful Status: Must be either a lawful permanent resident (LPR) or physically present at enlistment, reenlistment or induction in one of the following:
  • In the United States (including Puerto Rico, Guam and the Northern Mariana Islands),
    • The Canal Zone, American Samoa or Swains Island, On a U.S. owned or operated non-commercial public vessel.
  • English: Can read, write and speak basic English.
  • Civics: Knows U.S. history and government.
  • Moral Character: Has good moral character for at least one year prior to filing and through naturalization.
  • Constitutional Attachment: Has attachment to the U.S. Constitution and goodwill towards the United States.
  • Exemption: Applicants under this provision are exempt from the general naturalization requirements of continuous residence and physical presence.

Honorable Service

Qualifying Service

Eligible service includes active duty in the U.S. Army, Navy, Marine Corps, Air Force, Space Force or Coast Guard. Service in the Selected Reserve of the Ready Reserve also qualifies. National Guard members may qualify if their service meets certain conditions.

  • Service Verification: Honorable service must be verified by the executive department under which the applicant served.
  • Separation Conditions: Applicants who have separated must have a discharge classified as:
    • Honorable,
    • General-Under Honorable Conditions,
    • Uncharacterized (considered honorable for immigration purposes).

Discharges such as “Other Than Honorable”, “Bad Conduct” or “Dishonorable” do not qualify.

Multiple Service Periods

Applicants with multiple service periods need only one qualifying period of honorable service. Subsequent discharges under less favorable conditions do not disqualify them if the qualifying period meets the criteria.

  • Example: An applicant honorably discharged after a first term of service may still qualify even if they get an “Other Than Honorable” discharge in a later period.

Certification

The following documents prove honorable service:

  • Form N-426: Request for Certification of Military or Naval Service,
  • DD Form 214: Certificate of Release or Discharge from Active Duty,
  • NGB Form 22: Report of Separation and Record of Service (for National Guard members).

National Guard Service

National Guard members qualify if:

  • Served honorably in the Selected Reserve of the Ready Reserve during a designated period of hostilities.

Don’t need federal activation if they meet Selected Reserve requirements.

Designated Periods of Hostilities

Naturalization eligibility applies to these designated periods:

ConflictStart DateEnd Date
World War IApril 6, 1917November 11, 1918
World War IISeptember 1, 1939December 31, 1946
Korean ConflictJune 25, 1950July 1, 1955
Vietnam HostilitiesFebruary 28, 1961October 15, 1978
Persian Gulf ConflictAugust 2, 1990April 11, 1991
War on TerrorismSeptember 11, 2001Ongoing

The “War on Terrorism” is ongoing unless otherwise ended by a Presidential Executive Order.

Permanent Residence and Induction Requirements

Applicants do not need to be LPRs if they were:

  • Physically present in the United States, its territories, or aboard a U.S. vessel at enlistment.
  • Granted LPR status after enlistment or induction.

Conditional Permanent Residents

Conditional permanent residents eligible for naturalization under military service do not need to remove conditions (Form I-751) before their naturalization application is approved.

MAVNI Program: Military Accessions Vital to National Interest

The MAVNI program allowed the recruitment of certain noncitizens with skills critical to national interest, such as healthcare professionals or speakers of certain languages. Eligibility included:

  • Immigration categories like asylee, refugee, DACA recipient, or specific nonimmigrant visa categories.
  • 2 years of valid status prior to enlistment (waivers available).

Veterans Residing Abroad

Veterans living outside the U.S. must:

  • Be inspected and admitted or paroled for their naturalization interview.
  • File Form I-131 for advance parole, if needed.
  • Submit additional documentation, including police clearance from foreign residences.

USCIS may conduct interviews at:

  • A land port of entry,
  • U.S. embassies, consulates or military installations.

Naturalization through military service during hostilities is an expedited path for eligible members and veterans of the U.S. armed forces. By knowing and meeting the requirements above, applicants can honor their service and become a U.S. citizen.

Permanent Bars to Naturalization: A Guide

Naturalization, the process of becoming a U.S. citizen, has rules. This guide covers the permanent bars to naturalization related to military service exemptions due to alienage and other related disqualifications and the exceptions and documentation required.

Exemption or Discharge from Military Service Due to “Alienage”

1. Permanent Bar for Alienage-Based Military Exemption or Discharge

An applicant who was exempted or discharged from U.S. military service because of being a noncitizen (“alienage discharge”) is permanently barred from naturalization unless an exception applies.

Key Points:

  • Definition of Exemption: This includes a permanent exemption from induction or discharge from U.S. military training or service.
  • Definition of Induction: Refers to being forced into U.S. military service through conscription or enlistment after receiving a draft notice.

Historical Background:

  • Prior to 1975, individuals were required to register for the draft. Failure to do so would result in penalties unless an exemption was granted.
  • Exemptions were granted for many reasons, including alienage, medical conditions or conscientious objection. Not all exemptions were alienage-based.

2. Exceptions to the Permanent Bar

There are certain situations where an applicant can overcome the permanent bar for alienage-based military exemptions. These are:

Eligible Exceptions:

  • No Liability for Military Service: The applicant was not required for military service at the time of exemption.
  • Automatic Exemption: The U.S. government granted the exemption without the applicant’s request.
  • Non-Alienage Basis: The exemption was based on reasons other than alienage.
  • Misled by Authorities: The applicant was not able to make an informed decision due to misinformation from U.S. or foreign government officials.
  • Subsequent Military Induction: The applicant was inducted into the U.S. armed forces or National Security Training Corps after the alienage-based exemption.
  • NATO Service: The applicant served 18 months or more in the armed forces of a NATO country or 12 months and later registered with the Selective Service (after September 28, 1971).
  • Treaty National Service: The applicant, as a treaty national, served in the armed forces of their country of nationality.

3. Countries with Reciprocal Military Service Treaties

The United States has treaties with certain countries that provide reciprocal exemptions from military service. Below are two lists of countries with active and expired treaties.

Countries with Active Treaties:

  • Argentina: 1853.
  • Austria: 1928.
  • China: 1946.
  • Ireland: 1950.
  • Italy: 1948.
  • Norway: 1928.
  • Spain: 1902.

Countries with Expired Treaties:

  • El Salvador: 1926-1958.
  • Germany: 1923-1954.
  • Hungary: 1925-1952.
  • Thailand (Siam): 1937-1968.

Documentation

Required Forms

  • N-400: Application for Naturalization.
  • N-426: Request for Certification of Military or Naval Service.

Evidence Considerations

  • Selective Service Records: Provide proof of service and discharge details.
  • Exemption or Discharge Proof: If the exemption was based on alienage, it may be denied unless an exception is proven.

Note: Applicants must show eligibility for any exception with documentation.

Deserters and AWOL Applicants

Permanent Bar for Deserters

Those convicted by court-martial as deserters are barred from naturalization permanently.

AWOL (Absent Without Official Leave)

  • Not court-martialed for desertion or AWOL, not barred permanently.
  • Desertion or AWOL during the statutory period may affect eligibility under the “unlawful acts” provision and good moral character.

Bottom Line

  • Permanent bars to naturalization are not absolute; there are exceptions for certain cases.
  • Documentation is key to proving eligibility, especially for overcoming the alienage-based exemption bar.
  • Historical and treaty-based facts matter.

Now you know the rules and exceptions. Use this to your advantage.

Naturalization for Service Members (INA 328 and INA 329)

This guide will walk you through the process of naturalization for service members. Follow along to make your application process easy.

1. Required Forms

To apply for naturalization based on military service you will need to fill out and submit:

A. N-400

  • Eligibility: Check the box on the N-400 to indicate you are filing based on military service.
  • Filing Instructions: Follow the instructions on the form.

Tip: If you are filing under a different category but have military service, the officer may consider your military service for naturalization.

  • If not eligible under military, the officer will consider your original basis for filing.
  • A Defense Clearance Investigative Index (DCII) will be run on all military service applicants.

B. Request for Certification of Military or Naval Service (N-426)

  • Purpose: To confirm honorable service in active duty or the Selected Reserve of the Ready Reserve.
  • Eligibility: Required for applicants currently serving and filing under INA 328 or INA 329.
    • If filing under other provisions, you are exempt from submitting this form even if you have prior military service.
  • Certification: N-426 must be certified and signed by a military official within 6 months of filing N-400. MAVNI participants who enlisted before 10/13/2017 are exempt from this requirement.

Note: If you are no longer serving, you don’t need to submit N-426.

C. Discharge Documents

  • If separated or discharged from the military, submit a photocopy of one of the following:
    • DD Form 214: Certificate of Release or Discharge from Active Duty
    • NGB Form 22: National Guard Report of Separation and Record of Service
    • Any other official discharge document
    • Details: Make sure the document has the type of separation and character of service (usually on page “Member-4” of DD Form 214 or Block 24 of NGB Form 22).

D. Calixto Class Members

  • Include the Calixto settlement agreement if you are a class member filing with a certified N-426.
  • Write “Calixto” at the top of both N-426 and N-400 so it can be processed quickly.

Where to Get Help: Most military installations have offices to help service members with their naturalization applications. Contact your chain of command for guidance.

2. Fee Waivers

One of the best benefits for service members filing for naturalization is fee waivers:

  • No N-400 Fee: There is no filing fee for Applications for Naturalization under INA 328 or INA 329.
  • No Appeal Fee: Filing a Request for a Hearing on a Decision in Naturalization Proceedings (N-336) is free if your application under INA 328 or INA 329 was denied.
  • No Citizenship Certificate Fee: Current and former service members don’t pay filing fee for the Application for Certificate of Citizenship (N-600).

3. Where to File and Initial Processing

A. Filing the Application

  • Follow the instructions on the N-400.

B. Overseas Service Members and Families

  • USCIS will determine jurisdiction for military members and qualifying family members stationed outside the U.S.
  • The field office with jurisdiction will be the one where the applicant last resided in the U.S. or Outlying Possession (OLP).

C. Naturalization Process for Overseas Applicants

Service members stationed overseas can do the entire process overseas including:

  • Biometrics: Fingerprinting and background checks
  • Interviews: Scheduled interviews with USCIS officials
  • Oath Ceremonies: Can be done overseas upon approval

Note: Applicants can request overseas processing at any point in the naturalization process.

4. Additional Resources and Tips

A. Background Checks

USCIS will do a thorough background check, including DCII queries, on the service member’s records.

B. Documents

  • Make sure all documents are accurate and complete.
  • Missing or outdated information will delay the process.

C. Legal Help

  • Contact designated military legal offices or immigration attorneys who specialize in military naturalization cases.

By following these steps and making sure all forms and documents are in order, you can make the process smoother and file successfully based on your honorable military service.

Background Checks for Naturalization Applicants with Military Service

USCIS (U.S. Citizenship and Immigration Services) does background and security checks on all naturalization applicants, including current and former U.S. military members. This chapter explains the background checks for these applicants and how service members can meet the fingerprint requirement.

Background Check Components

1. Defense Clearance Investigative Index (DCII) Query

USCIS will do a Defense Clearance Investigative Index (DCII) query with the Department of Defense (DOD) for every military member applicant. This is required regardless of the basis for the naturalization application.

  • Purpose: To find derogatory information in the applicant’s military records.
  • Validity: The DCII check is valid for 15 months from the date of the initial response.
  • Updates: Previously, military applicants had to file Form G-325B for this query. USCIS now uses information from Form N-400 so Form G-325B is no longer required since February 18, 2010.

2. Fingerprint Requirement and Kendell Frederick Citizenship Assistance Act (KFCAA)

Fingerprints are part of the background check process for most naturalization applicants. The Kendell Frederick Citizenship Assistance Act (KFCAA) made the process easier for service members.

  • Use of Existing Fingerprints: USCIS must use fingerprints taken during military enlistment (OPM fingerprints) or previously submitted fingerprints if possible.
  • When New Biometrics Are Required: If DHS determines new biometrics will speed up the process, applicants will be notified with instructions on how to submit.

How Service Members Can Meet the Fingerprint Requirement

Service members have several ways to fulfill the fingerprint requirement. These procedures are designed to accommodate military applicants and KFCAA.

Fingerprinting Options

At USCIS Application Support Centers (ASCs):

  • Service members can go to any stateside USCIS ASC for fingerprinting.
  • Appointments are not required but may be helpful.

Mobile Fingerprinting Units:

  • USCIS will do fingerprinting at select military installations in the United States with mobile fingerprinting equipment.

Resubmitting Existing Fingerprints:

  • If USCIS already has the applicant’s fingerprints on file, they can resubmit.

Enlistment Fingerprints:

  • USCIS can use fingerprints taken during military enlistment (OPM fingerprints).

Manual Submission Using FD-258 Cards:

  • Service members can submit FD-258 fingerprint cards from:
  • U.S. military installations
  • U.S. embassies or consulates (for overseas applicants)

While USCIS accepts these cards, electronic fingerprinting (via ASC or mobile units) is preferred.

Failure to Appear for Fingerprinting

USCIS may consider the application abandoned and deny it if the applicant fails to meet the fingerprint requirement. The following applies:

Conditions for Denial:

  • USCIS can’t find the applicant and 3 days have passed since the last scheduled fingerprinting appointment.
  • The applicant is stateside but has not submitted FD-258 fingerprint cards or met fingerprint requirement through other means.
  • Enlistment fingerprints are not available or unclassifiable.

Reopening Denied Applications:

  • If the application is denied for failure to appear for fingerprinting, any correspondence from the applicant within one year is considered a motion to reopen the application.
  • USCIS grants the motion and continues the naturalization application.

Deployment:

  • Applications are not considered abandoned if evidence shows the applicant is deployed in the U.S. or overseas and cannot do fingerprinting.

Tips for Service Members

  • Plan Ahead: Schedule ASC appointments or confirm mobile units at military installations.
  • Check Records: Make sure enlistment fingerprints are available and classified.
  • Notify USCIS: Inform USCIS of deployment or inability to attend appointments.
  • Follow-Up: If application is denied due to fingerprint issue, act fast to request reopening within the time frame.

USCIS uses existing records and accommodates military circumstances to make the naturalization process easier for service members. These procedures balance speed with thoroughness to comply with KFCAA and the unique needs of those who serve.

Revocation of Naturalization for Military Personnel

Naturalization is a big deal for those who have met the requirements to become U.S. citizens. But there are circumstances that can lead to revocation of citizenship. One of those is for military members who got citizenship through service. Here’s how revocation of naturalization can happen to military personnel.

Key Requirements for Revocation

Military members who were naturalized through service may have their citizenship revoked if:

  1. Date of Naturalization: Naturalization was granted on or after November 24, 2003.
  2. Type of Discharge: They were discharged from the U.S. Armed Forces under other than honorable conditions.
  3. Minimum Honorable Service: They did not have at least 5 years of honorable service in the military.

Legal Authority

The legal basis for revocation is found in:

  • Immigration and Nationality Act (INA):
    • Sections 328(f), 329(c) and 340
    • Public Law 108-136

These provisions make citizenship through service conditional on honorable service.

Process

When a military member’s separation meets the revocation criteria, the process usually involves the following:

  1. Referral to Immigration
    • Cases for revocation are referred to U.S. Immigration and Customs Enforcement (ICE) for review and action.
  2. ICE Review
    • ICE reviews the case and verifies if the individual’s discharge and service time do not meet the statutory requirements.
  3. Start of Revocation Proceedings
    • If the revocation criteria are met, ICE starts formal revocation proceedings according to federal regulations.
  4. Judicial Process
    • Revocation of naturalization is a legal process and usually involves federal courts to protect the individual’s rights during the process.
  5. Result
    • If citizenship is revoked, the individual goes back to their prior immigration status or may be subject to removal (deportation) from the United States depending on their situation.

FAQs

Many questions arise for all dual citizens in the nation. Here are some helpful answers to all these frequently asked questions considering real-world issues.

Additional Information

To add to the above:

  • 5-Year Rule:
    • The 5 years of honorable service can be cumulative. Non-consecutive periods of honorable service can count towards the total if documented properly.
  • Provisional Naturalization:
    • For those still in service, naturalization may be considered provisional until the 5 years of honorable service is met.
  • Veterans:
    • Veterans with other than honorable discharges may be able to upgrade their discharge through the Discharge Review Board (DRB) which may protect their citizenship.
  • Good Faith Exception:
    • In rare cases, mitigating circumstances (e.g. mental health issues or discrimination) may be used to challenge an other than honorable discharge.

Bottom Line

  • Honorably Complete Service: Make sure your military service meets or exceeds the 5 years of honorable service to get naturalized citizenship.
  • Get Legal Help: If you are facing revocation, consult an immigration attorney or advocate who specializes in military cases.
  • Know Your Rights: Get educated on the legal process.

By understanding the requirements and potential risks, military members can take proactive steps to safeguard their citizenship status. Should you need further guidance or legal representation, reach out to a trusted legal professional or veterans’ advocacy organization.

Now you know the requirements and risks. Now go take action to protect your citizenship. If you need further guidance or legal representation, contact a trusted attorney or veterans’ organization.

Chapter 8: Posthumous Citizenship (INA 329A)

Posthumous citizenship is a special provision of U.S. immigration law that grants citizenship to individuals who served honorably in the U.S. military during designated periods of war and died as a result of service-connected injuries or illnesses. This chapter covers the eligibility, application and adjudication process for posthumous citizenship and benefits for surviving family members.

A. Posthumous Citizenship Eligibility

Who is eligible?

A deceased service member may be eligible for posthumous citizenship if:

  • Military Service: They served honorably in the U.S. military during designated periods of war.
  • Service-Related Death: They died as a result of injuries or illnesses incurred or aggravated during their military service.

Posthumous citizenship declares the deceased service member was a U.S. citizen at the time of their death.

Eligibility Determination

The service branch the service member served in:

  • Whether the service was honorable and active-duty.
  • If the death was combat-related or service-connected.

Family Member Benefits

Spouses and children of service members who are eligible for posthumous citizenship may be eligible for special immigration benefits under the Immigration and Nationality Act (INA). These benefits are for surviving family members during their time of need.

B. Application and Filing Process

Who can file?

  • The service member’s next of kin.
  • The Secretary of Defense.
  • The Secretary’s designee in USCIS.

Deadlines

The Application for Posthumous Citizenship (Form N-644) must be filed:

  • Within two years of the service member’s death.
  • As instructed on the form and with the required fee.

Required Documents

Attach the following documents (if available):

  • DD Form 214: Certificate of Release or Discharge from Active Duty.
  • DD Form 1300: Report of Casualty/Military Death Certificate.
  • Death Certificate: Military or state-issued death certificate.
  • Additional Evidence: Any other military or state-issued certificates related to the service member’s death.

Application Review

USCIS uses the Form N-644 to check:

  • Place of induction, enlistment or reenlistment.
  • The service member’s military service record.
  • Service-connected cause of death.

C. Adjudication Process

Approved Application

If approved:

  • This certificate will declare the individual was a U.S. citizen at the time of their death.
  • USCIS will issue a Certificate of Citizenship (Form N-645) in the name of the deceased service member.

Denied Application

If denied:

  • USCIS will notify the applicant of the decision and the reasons for the denial.
  • Note: There is no appeal for a denied posthumous citizenship application.

Other Considerations and Updates

Designated Periods of War

Posthumous citizenship is tied to service during designated periods of war. These periods are defined in immigration law and include:

  • World War I and II
  • The Korean War
  • The Vietnam War
  • Post-9/11 and others

Check the designated periods for the time of the service member’s enlistment.

Immigration Benefits for Surviving Family

Surviving family members may be eligible for benefits under the INA including:

  • Expedited Naturalization: Certain surviving spouses and children may be eligible for expedited path to U.S. citizenship.
  • Permanent Residency: Assistance in getting lawful permanent residency under special provisions.

Fee Waivers

In some cases, fee waivers may be available. Check the current Fee Schedule (Form G-1055).

Posthumous citizenship recognizes the sacrifices of those who served the United States by making them U.S. citizens. Through this process the country is saying thank you for their service and providing benefits to their surviving family. Follow the steps and make sure you have all the required documents and you’ll be good to go.

Spouses, Children, and Surviving Family Benefits

This chapter will cover benefits and naturalization provisions for spouses, children and surviving family members of U.S. military service members. We will simplify the steps and provide clarity on eligibility, documentation and filing process for these special immigration benefits.

A. Family Member Provisions

1. Benefits for Family Members

Spouses and children of U.S. citizen service members may be eligible for naturalization under special provisions of the Immigration and Nationality Act (INA). Benefits include:

  • Expedited Naturalization: Certain spouses can naturalize without meeting the usual residence or physical presence requirements.
  • Surviving Family Members: Spouses, children and parents of service members who die in honorably in active duty may also be eligible for naturalization and other immigration benefits.
  • Time Abroad Counts as Residence: For eligible spouses and children, time spent abroad with the service member under official orders can count towards U.S. residence and physical presence requirements.
  • Overseas Naturalization: Both spouses and children can naturalize abroad under certain conditions.

Legislative History

The National Defense Authorization Act of 2008 added:

  • Time abroad to count as U.S. residence and physical presence.
  • Naturalization proceedings to be conducted overseas for eligible family members.

Eligibility Requirements

To be eligible you must:

  • Be with the service member abroad under official military orders.

Meet the specific residency or relationship requirements as outlined below.

2. Official Orders

To use the time abroad, family members must have official military orders. Acceptable documents are:

  • Permanent Change of Station (PCS) Orders: Must have the spouse or child’s name.
  • If PCS orders don’t have the applicant’s name, additional documents are required:
  • Copy of PCS orders.
  • Form DD-1278 (Certificate of Overseas Assignment to Support Application to File Petition for Naturalization).
  • Form DD-1172 (Application for Uniformed Services Identification Card DEERS Enrollment) with the dependent’s name.

B. Spouses of Military Members

1. Naturalization Options for Spouses

Spouses of U.S. military service members may be eligible for naturalization under several INA provisions:

General Naturalization (INA 316(a)):

  • Must be a Lawful Permanent Resident (LPR) for at least 5 years.
  • Must have been physically present in the U.S. for 30 months during those 5 years.

Naturalization Through Marriage (INA 319(a)):

  • Must be an LPR for at least 3 years.
  • Must have been married to the U.S. citizen spouse for 3 years.
  • Must have been physically present in the U.S. for 18 months during those 3 years.

Expedited Naturalization (INA 319(b)):

  • No residence or physical presence requirement.
  • Must be in the U.S. for the interview and oath.

2. Spouses of Service Members Stationed or Deployed Abroad

Eligible spouses of service members stationed or deployed abroad can:

  • Use time abroad towards residence and physical presence requirements (INA 319(e)).
  • Naturalize overseas, including filing, interview and oath.

Requirements:

  • Be with the service member abroad under official orders.
  • Reside abroad with the service member in marital union.
  • Meet either INA 316(a) or INA 319(a) requirements, except for residence and physical presence.

3. Overseas Naturalization (INA 319(e))

Benefits:

  • Time abroad counts as continuous residence and physical presence in the U.S.
  • Naturalize entirely overseas, no need to return to the U.S. for any part of the process.

Requirements:

  • Spouse must be an LPR.
  • Be with the service member abroad under official orders.
  • Be residing abroad.

4. Application Process for Spouses

Required Forms and Documents:

  1. Form N-400: Application for Naturalization.
  2. Form DD-1278: Certification of concurrent travel orders.
  3. Fingerprint Cards (FD-258): To be completed at a U.S. military base, USCIS field office or U.S. Embassy/Consulate.

Filing Instructions:

  • Follow the form’s instructions.
  • For overseas applicants, USCIS will determine the field office.

C. Children of Military Members

1. Automatic Citizenship for Children in the U.S. (INA 320)

Children of service members in the U.S. may acquire automatic citizenship if:

  • Child is under 18 years old.
  • Child is an LPR.
  • Child resides with a U.S. citizen parent in the U.S.

Steps to get Certificate of Citizenship:

  • File Form N-600 (Application for Certificate of Citizenship).

2. Overseas Naturalization for Children (INA 322)

Children with a U.S. citizen parent who is a service member living abroad may naturalize overseas if:

  • They are a “child” under INA 101(c).
  • They reside abroad with the service member parent under official orders.
  • They complete the process before 18.

Exemptions:

  • No lawful admission or status required.
  • Time abroad by the U.S. citizen parent counts as physical presence in the U.S.

Filing:

  1. Form N-600K: Application for Citizenship and Certificate.
  2. PCS orders for the child or Form DD-1172 if the child’s name is not on the orders.
  3. File with the USCIS office serving the applicant’s residence.

D. Surviving Family Members (INA 319(d))

Surviving spouses, children or parents of service members who died while on active duty may naturalize.

Key Points:

  • Spouses must have been in marital union with the service member at the time of death but can still qualify if they have since remarried.
  • Residence and physical presence requirements are waived.

Required Documents:

  • Proof of the service member’s honorable service.
  • Proof of relationship to the deceased service member.

These provisions honor the sacrifices of U.S. military families. Eligible spouses and children can naturalize more quickly and with special provisions for time abroad. Surviving family members get special considerations for their loved one’s service.

Oath of Allegiance for U.S. Citizenship

Purpose of the Oath of Allegiance

Before an applicant becomes a U.S. citizen, they must take the Oath of Renunciation and Allegiance (also known as the Oath of Allegiance) at a public ceremony. This is important because it:

  • Commitment to U.S. citizenship: They must really intend to fulfill the obligations of this oath.
  • Respect for U.S. laws and values: They must show their attitude towards the Constitution and laws of the United States is in line with the responsibilities of citizenship.

Oath Process Background

The naturalization process involves several steps to prepare the applicant for the Oath of Allegiance:

Signing the Application

  • Acknowledgement of Willingness: During the naturalization interview, applicants sign their application for naturalization as proof of:
  • Willingness to take the oath.
  • Knowledge of the obligations of U.S. citizenship.

Modifications and Waivers

  • In certain cases the oath can be modified or waived for applicants:
  • An officer can cross out parts of the oath and the applicant is not required to recite the removed parts.
  • This is usually for physical, developmental or mental impairments.

Public Ceremony Requirement

  • The oath must usually be taken out loud in a public ceremony to complete the naturalization process.
  • Signing the application or the oath itself does not make you a U.S. citizen.

Key Legal Authorities for the Oath

The requirements and process for the Oath of Allegiance are based on:

  1. Immigration and Nationality Act (INA):
    • INA 310 – Naturalization authority.
    • INA 337 – Oath of Renunciation and Allegiance.
  2. Code of Federal Regulations (CFR):
    • 8 CFR 310.1 – Naturalization authority.
    • 8 CFR 337 – Oath.
  3. Public Law 106-448:
    • Enacted the Waiver of Oath of Renunciation and Allegiance for Naturalization of Aliens Having Certain Disabilities Act of 2000 for eligible individuals with specific disabilities.

Reciting the Oath

The Oath of Allegiance includes:

  • Renouncing other countries.
  • Supporting and defending the U.S. Constitution and laws.
  • Serving the country if required by law.

Special Provisions

Applicants who need modifications must provide documentation to prove they are eligible. Officers will ensure that:

  • The modified oath is suitable for the applicant.
  • The applicant’s commitment to U.S. citizenship is real.

Role of Officers

  • Officers are key to the naturalization process:
  • They ask questions to verify the applicant’s understanding and intent during the interview.
  • They oversee the public ceremony to make sure all requirements are met.

Myths

  • Myth: Signing the application makes you a citizen.
  • Fact: Citizenship is only granted after the oath is taken in a public ceremony (unless waived for special circumstances).

Bottom Line

  • The Oath of Allegiance is the final step to becoming a U.S. citizen.
  • The process makes sure applicants fully understand and are committed to their new obligations.
  • Legal provisions allow for modifications and waivers in special cases so everyone is eligible.

For more information or to ask questions, contact the U.S. Citizenship and Immigration Services (USCIS) or a qualified immigration attorney.

Oath Of Allegiance

The Oath of Allegiance is the final step in the naturalization process. By taking the oath, applicants are committing to the principles and obligations of U.S. citizenship. This chapter covers the Oath of Allegiance, administration, modifications and requirements.

A. The Oath

The Standard Oath

Naturalization applicants must recite the following Oath:

“I hereby declare, on oath, that I renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state or sovereignty of whom or which I have heretofore been a subject or citizen; that I will support and defend the Constitution and laws of the United States of America against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I will bear arms for the United States when required by law; that I will perform noncombatant service in the Armed Forces of the United States when required by law; that I will perform work of national importance under civilian direction when required by law; and that I take this obligation freely, without any mental reservation or purpose of evasion; so help me God.”

Oath Facts

1.     Language: The Oath is given in English, even if the applicant qualifies for an exception to the English language requirements. But applicants can bring an interpreter to translate the oath during the ceremony.

2.     Religious or Secular Modifications:

  • Applicants with religious objections can ask to omit the phrase “so help me God”.
  • Modifications are allowed for those who cannot or will not take the oath as written due to religious or personal beliefs.

3. Oath Waiver: Applicants who cannot understand or communicate the meaning of the Oath, even with accommodations, can ask for a waiver. This applies to mental or physical disabilities that prevent comprehension.

B. Who Can Administer the Oath

Delegated Authority

The authority to administer the Oath of Allegiance comes from the Secretary of Homeland Security who delegates it to:

1.     USCIS Officials:

The Director of USCIS delegates to:

  • Deputy Directors
  • District Directors
  • Field Office Directors
  • Field Office Directors can further delegate to supervisory immigration officers in their chain of command.

2.     Immigration Judges:

  • Immigration judges can administer the Oath at administrative ceremonies.

3.     Judicial Ceremonies:

  • In judicial naturalization ceremonies, the presiding judge in the jurisdiction administers the Oath.

Special Cases

In rare instances, officials outside of USCIS can administer the Oath in administrative ceremonies. This requires careful consideration and approval through the proper channels.

C. Renunciation of Titles or Orders of Nobility

Renunciation Required

Applicants who hold titles of nobility or hereditary positions in foreign states must renounce these titles as part of the naturalization process. This renunciation:

1.     Commitment: It shows the applicant’s full allegiance to the United States and the Constitution.

2.     Ceremonial Declaration: The renunciation must be done publicly during the naturalization ceremony and USCIS will record the declaration as part of the ceremony.

Renunciation Phrases

Applicants renouncing titles or positions must include one of the following in their Oath:

·        “I further renounce the title of [specific title(s)] which I have heretofore held.”

·        “I further renounce the order of nobility [specific order] to which I have heretofore belonged.”

Exceptions

Applicants do not need to renounce titles or orders if:

·        The title was abolished in their country of origin.

·        They no longer hold the title in practice or name.

For example, if the title is part of the applicant’s name (e.g. “Sir” or “Dame”), they do not need to remove it unless it’s an active title of nobility.

Additional Information

Accommodations for Applicants

To ensure all applicants can take the Oath:

  • Interpreters: Applicants with limited English can bring an interpreter.
  • Physical Accessibility: Ceremonies are accessible to physical disabilities so all can participate fully.
  • Alternative Settings: For applicants who cannot attend regular ceremonies, USCIS can arrange smaller or private settings.

Modifications and Waivers

  • Religious Beliefs: Applicants can request modifications to accommodate personal religious practices.
  • Noncombatant Service: Those who oppose bearing arms for moral or religious reasons can opt for noncombatant service or national service.

Taking the Oath of Allegiance is a big commitment to the principles and responsibilities of U.S. citizenship. Through this process, applicants formally renounce prior allegiances and take on the rights and duties of being a U.S. citizen. The ceremony is inclusive and flexible so all eligible applicants, regardless of personal or religious beliefs, can take this big step to become U.S. citizens.

Modifications and Waivers of the Oath of Allegiance

The Oath of Allegiance is a big part of the naturalization process but there are circumstances where modifications or waivers are allowed. This guide will provide clear, step-by-step instructions and more information on the requirements for modifying or waiving the Oath of Allegiance.

Modifications and Waivers

The table below serves as a quick reference guide on general requirements for oath modifications and oath waiver. The sections and paragraphs that follow the table provide further guidance on each modification and oath waiver.

Oath of Allegiance Modifications and Waiver
RequestPermitted Modifications to OathTestimony or Evidence
Modified Oath for Religious or Conscientious Objections Deletion of either or both of the following clauses: Bearing arms on behalf of the United States if required by law [INA 337(a)(5)(A)]; and Performing noncombatant service in the U.S. armed forces when required by law [INA 337(a)(5)(B)]Must show opposition to clause (or clauses) based on religious training and belief or deeply held moral or ethical code. Applicant may provide an attestation or witness statement.
Affirmation of Allegiance in Lieu of OathSubstitution of the words “solemnly affirm” for the words “on oath” and no recitation of the words “so help me God” [8 CFR 337.1(b)]Not Required
Waiver of the OathRequirement to take the Oath of Allegiance may be waivedEvaluation by medical professional stating inability to understand or communicate the meaning of the oath due to a physical or developmental disability or mental impairment.

A. Modified Oath for Religious or Conscientious Objections

1. General Modifications

Applicants can request to delete the following clauses from the Oath of Allegiance:

  • “To bear arms for the United States when required by law.”
  • “To perform noncombatant service in the U.S. armed forces when required by law.”

But not the clause “to perform work of national importance under civilian direction.”

2. Eligibility Requirements

To be eligible, applicants must show that their objection to these clauses comes from religious training, belief or a deeply held moral or ethical code. This is determined by the Three-Part Test:

  • Opposition: The applicant opposes bearing arms or any kind of military service.
  • Foundation: The objection is based on religious principles or a deeply held moral or ethical belief.
  • Sincerity: The beliefs must be sincere, meaningful and deeply held.

Key Points:

  • Not Required to Belong to a Religious Group: Applicants don’t have to be a member of a specific church or religious organization. Their beliefs just have to be a part of their life like traditional religious beliefs.
  • Evidence: Applicants can provide testimony, witness statements or documentation from religious or similar organizations. Oral testimony during the interview is often enough.

Interview Process:

If an applicant doesn’t provide enough evidence during the interview, officers must:

  • Offer additional opportunity to explain their objection.
  • Issue a Request for Evidence (RFE) if needed.

If approved, applicant will recite the modified Oath at the naturalization ceremony. If not, they will take the full Oath.

B. Affirmation of Allegiance in Lieu of Oath

Applicants can affirm instead of taking an oath. This is available to anyone, regardless of religious or ethical beliefs.

Modifications:

  • Replace “on oath” with “solemnly affirm”
  • Omit “so help me God”

Process:

  • No evidence or explanation required.
  • USCIS must accommodate this request.
  • Applicant will recite the modified Oath at the naturalization ceremony.

C. Waiver of the Oath

1. Oath Waiver for Disabilities or Impairments

USCIS can waive the Oath requirement for applicants who cannot understand or communicate the Oath due to physical or developmental disabilities or mental impairments.

Requirements:

  • A Medical Certification for Disability Exceptions (Form N-648) or a written evaluation from a medical professional explaining the applicant’s condition.
  • Can be submitted at any time before the naturalization ceremony.

Process:

  • USCIS may request additional evidence if there’s a question about the applicant’s condition.
  • Once approved, applicant doesn’t have to attend a public ceremony.

2. Oath Waiver for Children Under 14

Children under 14 are presumed to not understand the Oath. USCIS will:

  • Waive the Oath.
  • Issue a Certificate of Citizenship upon approval of the application.

Legal Guardian, Surrogate or Designated Representative

When applicants can’t complete the naturalization process due to disabilities or impairments, a legal guardian, surrogate or designated representative can act on their behalf.

Role of the Representative:

  • File the application.
  • Provide evidence of applicant’s eligibility.
  • Sign the forms and documents on behalf of the applicant.

Eligibility to Represent:

  • Highest Priority: Legal guardian or surrogate appointed by a court.
  • Alternates: U.S. citizen spouse, parent, adult child or sibling who is the primary caregiver.

Documentation Required:

  • Proof of legal guardianship or familial relationship (e.g. birth certificate, marriage certificate).
  • Evidence of custodial care (e.g. tax returns, Social Security documents).

If the representative doesn’t meet the eligibility requirements, USCIS will notify them and allow the applicant to designate another representative.

By providing clear guidance on modifications and waivers, this chapter ensures the naturalization process accommodates applicants’ special circumstances while meeting legal and procedural requirements.

Modifications and Waivers

General Guidelines for Oath Ceremonies: A Step-by-Step Guide

When it comes to naturalization ceremonies, U.S. Citizenship and Immigration Services (USCIS) follows specific protocols to make the process dignified, meaningful and legal. This guide covers the steps and considerations for administrative oath ceremonies and what happens in cases of derogatory information or missed appearances.

A. USCIS Ceremonies

USCIS holds naturalization ceremonies regularly, as needed. These are important milestones in the citizenship process and USCIS takes them seriously.

Key Points about Ceremonies

Frequency and Format

  • Ceremonies as needed and daily in some offices.
  • In some cases, USCIS combines the exam, adjudication and oath into one day process.

Dignity and Compliance

  • All ceremonies must follow the USCIS “Model Plan for Naturalization Ceremonies” to make them dignified.
  • District Directors and Field Office Directors are responsible for enforcement.

Mandatory Attendance

  • Applicants must attend in person unless USCIS waives it.
  • Ceremony location and time determined by USCIS and must be within the applicant’s jurisdiction.

Consequences of Missing the Ceremony

  • If an applicant misses more than one ceremony without a good reason, USCIS will assume they have abandoned the application.
  • USCIS will then file a motion to reopen the application and give the applicant 15 days to respond.

B. Derogatory Information or Missed Ceremonies

Before taking the Oath of Allegiance, applicants must still be eligible for naturalization. Any new disqualifying information or repeated absences can be serious.

1. Derogatory Information

If USCIS receives or finds information after approval but before the oath that disqualifies the applicant:

  • Motion to Reopen
  • A motion to reopen is filed and the applicant is notified of the derogatory information.
  • Applicant Notification
  • Applicant has 15 days to respond and either overcome the disqualifying information or explain why they missed the ceremony.
  • Post-Investigation Outcomes
  • If favorable, the application is approved and the oath is scheduled.
  • If not, the application is denied.

2. Missed Ceremonies

Applicants must attend their scheduled oath ceremonies unless excused for good reason.

  • Repeated Absences
  • Missing two or more ceremonies without a good reason is considered abandonment of the naturalization process.
  • Motion to Reopen for Nonappearance
  • Similar to cases of derogatory information, USCIS files a motion to reopen and gives the applicant 15 days to respond.

3. Resolution Process

  • For Derogatory Information
  • If the applicant fixes the issues, USCIS will proceed with the naturalization process.
  • If the applicant fails, the motion to reopen is granted and the application is denied.
  • For Missed Ceremonies
  • Applicants must show good cause to avoid abandonment of intent to naturalize.

C. Tips for a Successful Naturalization

1. Preparation

  • Verify the ceremony date, time and location.
  • Bring all required documents including your naturalization notice.

2. Timely Responses

  • Respond to any USCIS motions or requests for evidence.
  • Fix any issues early on, such as name changes or background checks.

3. Notify USCIS

  • If you will miss a ceremony, notify USCIS as soon as possible with evidence of good reason (e.g. illness, emergency).

4. Stay Informed

  • Keep your contact info up to date with USCIS so you don’t miss important notifications.

D. More Info

USCIS policies and procedures are governed by laws. Applicants should review the relevant laws:

  • 8 CFR 335.3(a) – Motions to reopen.
  • 8 CFR 337.10 – Failure to appear.
  • 8 CFR 336.1 – Derogatory information.

Follow these tips and avoid the common mistakes.

USCIS Naturalization Ceremonies Guide

The U.S. Citizenship and Immigration Services (USCIS) considers the naturalization ceremony the culmination of the citizenship process, the moment where applicants exercise their rights and responsibilities as U.S. citizens.

This guide explains how USCIS conducts these ceremonies with respect, consistency and importance and provides a step by step guide for attendees, officials and stakeholders.

A. Ceremony Enhancements

Purpose of the Ceremony

The naturalization ceremony is the final step of the citizenship process. It is to:

  • Celebrate the rights and privileges of citizenship.
  • Provide new citizens with important information.
  • Create a special moment for the participants and their families.

Materials Handed Out

At naturalization ceremonies, USCIS hands out materials to help new citizens with their rights and responsibilities. These include:

  • U.S. Citizenship Welcome Packet: Contains the President’s Congratulations Letter, passport application, voter’s guide and informational brochures.
  • American Flag: Made in the USA, these flags represent national pride.
  • Citizen’s Almanac and Pocket Constitution: Available at check-in or at the end of the ceremony, these documents provide information on U.S. history and government.

Additional Info

  • Only USCIS approved materials are handed out to ensure neutrality and relevance.

Federal employees and invited guests are not allowed to distribute partisan, commercial or religious materials within the ceremony area.

B. Check-In Process

Before the ceremony starts, USCIS officers will follow a standardized check-in process:

  1. Verification: Officers review each applicant’s Notice of Naturalization Oath Ceremony (Form N-445) and update responses.
  2. Eligibility: Confirm applicant’s eligibility for naturalization.
  3. Documents: Collect travel documents and green cards.

Tips for Attendees

  • Get there early to check-in quickly.
  • Bring all required documents to avoid wait.

C. Ceremony Outline

USCIS follows a standard format to ensure consistency and importance of the event. Here is the breakdown:

Prelude

  • On-site voter registration.
  • Play “Faces of America” video.

2. Ceremony

  • National Anthem: Instrumental or vocal version of “The Star-Spangled Banner”.
  • Welcome Remarks: By the Master of Ceremonies, including an overview of the program.
  • Call of Countries: Recognition of candidates’ former nationalities.
  • Oath of Allegiance: The main event.

3. Closing

  • Keynote: USCIS leadership or guest speakers.
  • Pledge of Allegiance: Group recitation.
  • Certificate: Officers hand out Certificates of Naturalization (Form N-550).

Optional Additions

  • Live patriotic music.

Additional approved elements that fit the occasion.

E. Guest Speakers

USCIS invites notable U.S. citizens to inspire new citizens. Guest speakers may be:

  • Civic leaders, government officials or military personnel.
  • Judges, Members of Congress or DHS employees.

Eligibility

Guest speakers must:

  • Keep their speeches brief (5-10 minutes) and focused on the rights and privileges of citizenship.
  • Have achievements or experiences related to the theme of citizenship.
  • Not include political, religious or commercial content in their remarks.

E. Elected Officials

Political Neutrality

USCIS keeps ceremonies politically neutral. Candidates for public office, including incumbents, generally cannot participate during election periods (three months before a primary or general election).

Special Rules for Members of Congress

  • May attend as guest or speaker if their remarks fit USCIS guidelines.
  • No campaign materials or partisan content allowed.

F. Voter Registration

1. Distribution

  • State election officials hand out and collect voter registration forms on-site.
  • When officials are not available, approved non-profits may provide voter registration services.
  • USCIS will have voter registration forms for all new citizens.

2. Non-Governmental Organizations

Organizations providing voter registration must:

  • Be non-partisan and 501(c)(3) nonprofits.
  • Submit a Voter Registration Services Attestation (Form N-401) for approval.

G. Other Government Agencies

  • Passport applications through the Department of State.
  • Social Security services.
  • Civic engagement information.

H. Volunteer and Civic Organization Participation

USCIS allows community organizations to participate in ceremonies through:

  • Performances (e.g., color guard or national anthem).
  • Assistance with logistics or voter registration.

Volunteer Guidelines

Volunteers must:

  • Not engage in political, religious or commercial activities.
  • Represent their organization professionally.

I. Venue and Facility Donations

USCIS may accept offers to use facilities for ceremonies if they meet the following criteria:

  • Approved Venues: Public spaces, national parks, schools, government buildings.
  • Prohibited Venues: Religious, political or commercial spaces.

Application Process

  • Facility owners must submit an invitation letter and Gift Offer Donation Request (Form G-1477).
  • Multi-date applications may be approved for recurring ceremonies.

J. External Organizations

External organizations may participate in ceremonies but must follow USCIS guidelines:

  • USCIS has full control over the event’s format and content.
  • Materials distributed must be pre-approved.

Media Coverage

USCIS will manage media presence to keep the ceremony dignified and focused on the new citizens.

JUDICIAL & EXPEDITED NATURALIZATION CEREMONIES

By following these guidelines, USCIS ensures naturalization ceremonies are dignified, inclusive and meaningful events that recognize the importance of U.S. citizenship.

Judicial and Expedited Oath Ceremonies

Naturalization ceremonies are a big deal for applicants becoming U.S. citizens. This chapter covers Judicial Oath Ceremonies and Expedited Oath Ceremonies, including who administers the oath, required documents and when expedited is allowed.

A. Judicial Oath Ceremony

An applicant can choose to have their Oath of Allegiance administered by a judge. In some cases the judge may have exclusive jurisdiction over the ceremony. Here are the steps for judicial oath:

1. Notice to the Court

  • USCIS Notice: USCIS must notify the court’s clerk in writing that the applicant is eligible to naturalize.
  • Eligibility Confirmation: This notice confirms that the Secretary of Homeland Security has approved the applicant’s naturalization application.

2. Oath Administration

  • Court Jurisdiction: The court administers the Oath of Allegiance during the naturalization ceremony.
  • Name Change (if applicable): If an applicant changes their name during the naturalization process, the court will do so during the ceremony.

3. Documents

After the oath is administered the court will provide:

  • Naturalization Certificate: Confirms the applicant has taken the Oath of Allegiance.
  • Name Change Documentation (if applicable): Officially changes the applicant’s legal name.

B. Expedited Oath Ceremony

In certain situations applicants can request an expedited oath ceremony due to special or emergency circumstances. These requests are processed by either USCIS or the court depending on the jurisdiction.

1. Reasons for Expedited Ceremony

Expedited oath ceremonies may be granted for:

  • Medical Necessity:
  • Serious illness of the applicant or an immediate family member.
  • Permanent disability that prevents the applicant from attending a scheduled ceremony.
  • Developmental or Age-related Concerns:
  • Advanced age or developmental disabilities that make attending a public ceremony impractical.
  • Urgent Travel or Employment Needs:
  • Critical employment opportunities or urgent travel plans deemed meritorious by USCIS or the court.

2. How to Request

  • Applicants must submit written explanation of the special circumstances.
  • Supporting documents (e.g. medical records, travel documents, employer letters) may be required.

3. USCIS and Court Process

  • Verification: USCIS will verify the information in the request.
  • Court Notice: If the request is for a court ceremony, USCIS must send the court a copy of the request before making a decision.
  • Decision-Making: Courts with exclusive jurisdiction:
  • Can grant the expedited request and hold the ceremony.
  • If an expedited judicial ceremony is not possible, the court will refer the applicant back to USCIS to administer the oath.

4. Court Jurisdiction

If the court agrees to expedite but cannot hold the ceremony:

  • The court must notify USCIS in writing that it has relinquished jurisdiction over the applicant.
  • Then USCIS can schedule an expedited ceremony.

In certain situations applicants can request an expedited oath ceremony due to special or emergency circumstances. These requests are processed by either USCIS or the court depending on the jurisdiction.

1. Reasons for Expedited Ceremony

Expedited oath ceremonies may be granted for:

  • Medical Necessity:
  • Serious illness of the applicant or an immediate family member.
  • Permanent disability that prevents the applicant from attending a scheduled ceremony.
  • Developmental or Age-related Concerns:
  • Advanced age or developmental disabilities that make attending a public ceremony impractical.
  • Urgent Travel or Employment Needs:
  • Critical employment opportunities or urgent travel plans deemed meritorious by USCIS or the court.

2. How to Request

  • Applicants must submit written explanation of the special circumstances.
  • Supporting documents (e.g. medical records, travel documents, employer letters) may be required.

3. USCIS and Court Process

  • Verification: USCIS will verify the information in the request.
  • Court Notice: If the request is for a court ceremony, USCIS must send the court a copy of the request before making a decision.
  • Decision-Making: Courts with exclusive jurisdiction:
  • Can grant the expedited request and hold the ceremony.
  • If an expedited judicial ceremony is not possible, the court will refer the applicant back to USCIS to administer the oath.

4. Court Jurisdiction

If the court agrees to expedite but cannot hold the ceremony:

  • The court must notify USCIS in writing that it has relinquished jurisdiction over the applicant.
  • Then USCIS can schedule an expedited ceremony.

CERTIFICATION OF NATURALIZATION AND CITIZENSHIP

U.S. citizens, whether by derivation, acquisition or naturalization, have the right to get official proof of citizenship from U.S. Citizenship and Immigration Services (USCIS). This proof can be:

  • A Certificate of Citizenship which proves citizenship acquired at birth or derived after birth.
  • A Certificate of Naturalization which proves citizenship obtained through the naturalization process.

Applicants must meet all the requirements to get these certificates and the burden of proof is on the applicant. These certificates are important documents that are official records of citizenship status and USCIS takes strict measures to prevent unauthorized distribution or fraud.

Background

To get a Certificate of Citizenship or a Certificate of Naturalization, applicants typically need to do the following:

File the Correct Application and Supporting Documents

  • File the right form with USCIS, such as:
  • Form N-600 for a Certificate of Citizenship.
  • Form N-400 for naturalization.
  • Submit required evidence to prove eligibility, such as birth records, parent’s citizenship status or other legal documents.

Interview (if required)

  • Applicants may need to meet with a USCIS officer to review the application and provide additional information.

Meet the Requirements

  • USCIS will review the application and supporting documents to verify eligibility.

Take the Oath of Allegiance (if applicable)

  • For naturalization, applicants must attend an oath ceremony to complete citizenship. Minors and certain other cases may be exempt.

USCIS officials including District Directors and Field Office Directors have the authority to:

  • Administer the Oath of Allegiance in administrative ceremonies.
  • Issue Certificates of Citizenship and Naturalization.

Legal Authorities

INA 310(b), INA 337(c) and 8 CFR 337.3

  • INA 310(b)(4); 8 CFR 310: Naturalization authority and certificates.
  • INA 332(e); 8 CFR 332: Certificates of Citizenship and Naturalization.
  • INA 338; 8 CFR 338: Certificate of Naturalization.
  • INA 340(f); 8 CFR 340: Cancellation of certificate after revocation of naturalization.
  • INA 341; 8 CFR 341: Certificates of Citizenship.
  • INA 342; 8 CFR 342: Administrative cancellation of certificates, documents or records.

Summary

  • Certificates of Citizenship and Naturalization are legal documents of U.S. citizenship.
  • Applicants must follow a straightforward process, file applications, attend interviews (if required) and meet all requirements.
  • The Oath of Allegiance is a requirement for naturalization administered by USCIS officials.
  • Legal and administrative provisions to protect the process and prevent misuse of certificates.

By knowing the purpose, process and legal authorities, applicants can navigate the USCIS and get the documents they need to prove U.S. citizenship.

Certificate of Citizenship

A. Who is eligible for Certificate of Citizenship

To get a Certificate of Citizenship, an applicant must follow a process and meet the requirements. Here is the breakdown:

1. Application

  • Form N-600: If the applicant acquired or derived citizenship automatically either at birth or after birth.
  • Form N-600K: If the child of a U.S. citizen is residing outside the U.S. and is under 18 years old.

Both forms must:

  • Be filled out according to the instructions.
  • Include the required fee.
  • Have all necessary supporting documents.

2. Age-Specific Requirements

  • For 18 and above: The individual must prove they meet the requirements for U.S. citizenship and the certificate.
  • For under 18: The person filing on behalf of the child (e.g. parent or guardian) must show the child meets the requirements.

Important Notes:

  • The application process requires precision and supporting documents.
  • Eligibility is based on U.S. citizenship laws.

B. What’s in the Certificate of Citizenship

The Certificate of Citizenship has specific information about the applicant’s U.S. citizenship.

1. Applicant Information

  • USCIS registration number (A-number)
  • Full name
  • Marital status
  • Address
  • Country of birth
  • Photo
  • Applicant’s signature
  • Other descriptors (sex, date of birth, height)

2. Additional info

  • Certificate number
  • USCIS Director’s statement that the applicant meets the requirements
  • Date of U.S. citizenship
  • Date of certificate
  • DHS seal and Director’s signature

3. Updates and Corrections

Changes to Date of Birth

  • USCIS knows that dates of birth are not accurately recorded in some countries.
  • To correct a date of birth (DOB), applicants or their guardians must provide a state-issued document with the updated DOB such as:
  • Court orders
  • Birth certificates
  • Certificates of birth abroad
  • Other state-issued documents

Process to correct:

  • Applicants can request a replacement Certificate of Citizenship with the corrected DOB by filing Form N-565 and the fee.

Changes to Legal Name

  • The Certificate of Citizenship uses the name on the foreign birth record.
  • For name changes:
  • Provide a U.S. state court order with the legal name change.
  • File Form N-565 to request a replacement certificate with the new name.

Note: USCIS does not help with name change petitions. Applicants must file these petitions with the court.

C. Certificate of Citizenship Issuance

General Process

  1. Approval of application: Once the USCIS officer approves the application, the certificate is issued.
  2. Oath of Allegiance: If applicable, the applicant must take the Oath of Allegiance in front of a USCIS officer.
  3. Permanent Resident Card (PRC) or Alien Registration Card (ARC):
    • Applicants must turn in their PRC or ARC unless they can prove it was lost or destroyed. In that case, USCIS may waive this requirement.

Special Cases

  • For under 18, the certificate is issued to the parent or guardian, either in person or by certified mail.
  • For 18 and above, the certificate is issued to the applicant or their guardian (if applicable).
  • If the Oath of Allegiance is not required, USCIS will issue the certificate without the oath.

Additional Information:

  • Adopted Children: Specific rules apply to adopted children, including automatic issuance of Certificates of Citizenship in some cases. See Volume 5, Part F of the USCIS Policy Manual.
  • Lost or destroyed certificates: If the Certificate of Citizenship is lost or destroyed, file Form N-565 for a replacement.
  • Country of Birth Designations: Special rules apply, such as for applicants born in Taiwan. Country of birth is listed as “Taiwan” without additional designations.

Follow the steps and documentation and you’ll be all set.

Certificate of Naturalization: A Guide

Getting a Certificate of Naturalization is a big part of becoming a U.S. citizen. This guide will walk you through the process, eligibility and what’s in the certificate. Let’s get started.

1. Eligibility for Certificate of Naturalization

You must:

  • File Form N-400: Fill out and submit the Application for Naturalization (Form N-400) according to the instructions.
  • Include Supporting Documents: Provide proof of eligibility for naturalization.
  • Pay Fees: Make sure to pay all fees when you file the application.
  • Meet Eligibility: Meet all legal requirements in U.S. immigration laws. These include:
    • Continuous residence and physical presence requirements.
    • Good moral character.
    • Knowledge of U.S. history and government.
    • Be able to read, write and speak basic English (with some exceptions for age or disability).

See the specific U.S. immigration laws that apply to your situation, such as those for spouses of U.S. citizens, military members or individuals with disabilities.

1. Eligibility for Certificate of Naturalization

The Certificate of Naturalization is a formal document that proves your U.S. citizenship. It has:

A. Applicant Information

  • USCIS Registration Number (A-number): Your USCIS ID number.
  • Full Name: Your legal name at the time of naturalization.
  • Marital Status: Current status at the time of application.
  • Residence: Your address at the time of naturalization.
  • Country of Former Nationality: Your nationality before naturalization.
  • Photograph and Signature: Official photograph and your signature.
  • Other: Gender, date of birth, height.

B. Additional Information

  • Certificate Number: A unique number for the certificate.
  • USCIS Director’s Statement: A statement of compliance with all naturalization requirements.
  • Date of Naturalization: The date you became a U.S. citizen.
  • DHS Seal and Director’s Signature: The seal and signature of the Director to authenticate the certificate.

C. Name Changes

1. Before Naturalization:

  • If your name changes after you file Form N-400 but before the naturalization ceremony, you must provide legal documentation of the name change.

2. During the Ceremony:

  • Courts administering the Oath of Allegiance may allow name changes during the ceremony. The new name will be on the Certificate of Naturalization.

3. After Naturalization:

  • If your name changes after naturalization, you must file Form N-565 (Application for Replacement Naturalization/Citizenship Document) to get a new certificate with your new name. You’ll need to provide proof of the legal name change and pay the applicable fees.

Note: USCIS will not change a name on the certificate unless it’s legally documented.

3. How the Certificate is Issued

The Certificate of Naturalization is issued after:

  • Application Approval: A USCIS officer approves your Form N-400.
  • Oath of Allegiance: You take the Oath of Allegiance at a naturalization ceremony.

A. Surrender of Permanent Resident Card (PRC):

  • You must surrender your Permanent Resident Card (Green Card) or Alien Registration Card unless it was lost or destroyed. USCIS may waive this requirement with proof.

B. Oath Waivers:

  • Applicants with medical conditions that prevent them from taking the Oath of Allegiance may be exempt. In these cases:
    • USCIS will deliver the certificate in person or by certified mail.
    • It may be given to a legal guardian, surrogate or designated representative.

4. Notes and Tips

A. Be Accurate:

  • Review everything on your application and supporting documents.
  • Let USCIS know if your personal information changes during the application process.

B. Keep it Safe:

  • Keep your Certificate of Naturalization safe and make copies for your records.

C. Lost or Damaged Certificate:

  • Use Form N-565 to get a replacement. You’ll need to pay a fee and provide proof of loss or damage.

D. Country of Former Nationality:

  • For applicants from Taiwan: The certificate will list “Taiwan” as the country of former nationality. “Taiwan, PRC” or “Taiwan, ROC” will not be used.

5. More

  • Form N-400 Instructions: How to fill out your application.
  • Fee Schedule (Form G-1055): Application fees.
  • USCIS Customer Service: Questions about your application or status.
  • Oath Ceremony Info: What to expect at your ceremony.

Becoming a U.S. citizen is a big deal and your Certificate of Naturalization is a key part of it. Follow these steps and you’ll be all set.

Replacement of Naturalization or Citizenship Documents

This chapter covers the process for requesting a replacement Certificate of Naturalization or Citizenship. Below is a summary of the rules, requirements and conditions for such requests.

Basis for Application for Replacement Naturalization/Citizenship Document (Form N-565)
Type of CertificateCorrect USCIS Clerical ErrorDate of Birth Correction (Not USCIS Clerical Error)Legal Name ChangeLost or Mutilated CertificateChange in Gender
Certificate of NaturalizationPermitted (no fee required)Not permitted per 8 CFR 338.5Permitted if name change through court order or operation of law, including common law name change evidenced by a state-issued identification document[3] (fee required)Permitted (fee required)Permitted (fee required)
Certificate of CitizenshipPermitted (no fee required)Permitted if correction through U.S. state court order or similar state vital record (fee required)Permitted if name change through court order or operation of law, including common law name change evidenced by a state-issued identification document[4] (fee required)Permitted (fee required)Permitted (fee required)

General Information

An Application for Replacement Naturalization/Citizenship Document (Form N-565) must be filed to request a replacement certificate. It must include:

  • Fee (or fee waiver request if eligible).
  • Required supporting documents.
  • Fully completed application per instructions.

When Fees Are Waived

A certificate may be issued without a fee if:

  • USCIS made a clerical error in the original document.
  • The issued certificate doesn’t match the information in the original naturalization or citizenship application.

INA 310(b)(4); 8 CFR 310:

1. Certificates of Naturalization

Name Changes:

Applicants can change their name on their Certificate of Naturalization if:

  • The change is legally recognized by a court order or operation of law (e.g. common law name changes, marriage, divorce).
  • Supporting documents, such as a court order or state ID, are included.

Date of Birth (DOB) Changes:

  • Not allowed: DOB changes are not allowed after the applicant has sworn to the facts during the naturalization process unless it’s a USCIS clerical error.

2. Certificates of Citizenship

Name Changes:

  • If applicant provides court order or state ID.
  • Fee required with Form N-565.

Date of Birth (DOB) Changes:

  • If applicant provides:
    • Court order or state-issued vital record with corrected DOB.
    • All required documents and fee.

Clerical Error Corrections

Applicants can file Form N-565 to correct USCIS clerical errors on a certificate. These are errors in name or DOB made by USCIS when the certificate was issued.

  • No fee for USCIS errors.
  • Provide evidence of the error, such as supporting documents from the original application.

Gender Marker Changes

Applicants who want to update the gender marker on their Certificate of Naturalization or Citizenship can file Form N-565. Requirements are:

  • Legal Recognition: The gender change must be legally recognized by one of the following:
    • Court order.
    • Government-issued document (e.g. updated passport or driver’s license).
    • Medical certification.
    • If a name change is also being requested, follow the name change procedures above.

Filing Tips and More

  • Fee Waivers: Fee waivers are available under certain circumstances. See Form G-1055 for fee waiver eligibility.
  • Common Law Name Changes: Some states recognize name changes under common law. A state ID may be used as proof in those cases.
  • Lost or Mutilated Certificates: For lost or damaged certificates, applicants must provide:
    • Description of loss or damage.
    • Request for replacement and fee.
  • Pre-1991 Certificates: If the certificate was issued by a court before 1991, USCIS may allow the court to correct in specific situations of clerical errors.

Step-by-Step Process

  1. Fill out Form N-565:
  • Make sure all fields are complete.
  • Include required supporting documents (e.g. court orders, vital records).
  1. Fees or Fee Waiver:
  • Pay the fee or submit a fee waiver if eligible.
  1. Evidence:
  • Attach all documents, such as state ID, court orders or medical certification.
  1. Send the Application:
  • Mail the completed form and documents to the USCIS address listed in the form instructions.
  1. Check Your Status:
  • Use USCIS online tools to check your application status.

More

  • Fee Schedule: See Form G-1055 for fee info.
  • USCIS Policy Manual: Look up secure identity documents and naturalization procedures.
  • Contact USCIS: Call USCIS customer service for case specific questions or help.

By following this, you’ll be sure to meet the requirements and provide all necessary documents. For more information, visit the USCIS website or an immigration attorney.

REVOCATION AND DENATURALIZATION

Denaturalization is a process separate from most other immigration processes handled by USCIS. Unlike administrative immigration processes, denaturalization can only occur through a federal court decision.

Types of Revocation

Naturalization can be revoked in two ways:

Civil Proceeding:

  • When the U.S. Attorney’s Office files a revocation action in Federal District Court.

Criminal Conviction:

  • When criminal charges are filed by the U.S. Attorney’s Office in Federal District Court.
  • 18 U.S.C. 1425 results in automatic revocation of naturalization under INA 340(e).

Burden of Proof

The government has a heavy burden of proof in revocation cases:

  • Civil Revocation:
    • “Clear, convincing and unequivocal evidence” that leaves no doubt as to the grounds for revocation.
  • Criminal Revocation:
    • Beyond a reasonable doubt.

A. Grounds for Civil Revocation

USCIS refers cases for civil revocation when there is evidence of:

Illegal Procurement of Naturalization:

  • Unlawful procurement by not meeting the eligibility requirements.

Concealment or Misrepresentation:

  • Hiding material facts or making false statements during the naturalization process.

Military Service Misconduct:

  • Applies to individuals who naturalized under military provisions but were discharged under other-than-honorable conditions before completing 5 years of honorable service.

B. Background

In 2001 a district court issued a nationwide injunction stating that USCIS does not have the authority to administratively revoke naturalization. Only a federal court can issue a final order revoking an individual’s naturalization.

Take Away:

  • All documents from the person’s A-file are discoverable during revocation.
  • Revocation requires judicial oversight to ensure fairness and lawfulness.

C. Revocation vs Cancellation of Certificate

Revocation of Naturalization:

Revocation targets the person’s citizenship. This process involves:

  1. Filing an Application for Naturalization (Form N-400).
  2. Naturalization interview.
  3. Approval of the application.
  4. Oath of Allegiance.

Once the court revokes the naturalization, it also cancels the Certificate of Naturalization.

Cancellation:

Cancellation only affects the certificate, not the person’s underlying status. It applies to individuals who:

  • Obtained a Certificate of Naturalization fraudulently or illegally without going through the naturalization process.
  • Were never naturalized by USCIS.

In those cases the person retains their original immigration status since they were never a lawful U.S. citizen.

Key Differences:

  • Revocation: Strips citizenship and cancels the certificate.
  • Cancellation: Invalidates the certificate but doesn’t change the person’s status unless citizenship was improperly granted.

D. Law

Several laws govern revocation and cancellation:

  1. INA 340; 8 CFR 340 – Revocation of naturalization.
  2. INA 342; 8 CFR 342 – Administrative cancellation of certificates, documents or records.

Additional Notes:

  • Civil or criminal action must be taken for unlawful naturalization.
  • USCIS relies on judicial process to ensure lawful revocation or cancellation of citizenship documents.

Reasons for Revocation of Naturalization

Naturalization is the process by which a person becomes a U.S. citizen voluntarily. But this status can be revoked under certain circumstances. Below are the reasons for revocation of naturalization explained in simple language with examples and additional context.

A. Obtaining Naturalization Illegally

Definition: A person is considered to have obtained naturalization illegally if they were not eligible for naturalization at the time they became a citizen. This means not meeting any of the eligibility requirements for naturalization can result in revocation.

Key Eligibility Requirements:

  • Residence and Physical Presence: The person must have lived in the U.S. for the required period and been physically present.
  • Lawful Admission for Permanent Residence: The individual must have been lawfully admitted to the U.S. as a permanent resident.
  • Good Moral Character: The applicant must have good moral character during the statutory period.
  • Attachment to the U.S. Constitution: The applicant must show allegiance to the principles of the Constitution.

Important Notes:

  • Revocation can occur even if the person didn’t intend to not meet these requirements.
  • For example, if someone unknowingly gave incorrect information about their lawful admission status, their citizenship could still be revoked.

B. Concealment of Material Fact or Willful Misrepresentation

  1. Concealment or Misrepresentation: Naturalization can be revoked if the person concealed or misrepresented material facts during the application or interview process.

Standards for Revocation:

  • Misrepresentation or Concealment: The person must have given false information or omitted facts.
  • Willful Act: The misrepresentation or concealment must have been intentional.
  • Material Facts: The omitted or false information must be significant enough to have mattered.
  • Effect on Citizenship: Citizenship must have been granted because of this deception.

Examples:

  • Submitting a forged birth certificate.
  • Not disclosing a criminal conviction on the naturalization application.

Key Point: The courts decide what was material. This means the information didn’t have to disqualify the person, but it had to have had a potential to affect the decision.

  1. Membership or Affiliation with Certain Organizations: Naturalization can be revoked if a person becomes a member of prohibited organizations within five years of becoming a U.S. citizen.

Prohibited Groups:

  • Communist Party
  • Any totalitarian party
  • Terrorist organizations

Reason for Revocation: Membership in these organizations shows lack of attachment to the U.S. Constitution and values.

Presumption of Misrepresentation: If someone joins these groups within five years of naturalization, it’s presumed they concealed their membership during the naturalization process.

Example:

  • A naturalized citizen joins a terrorist group two years after becoming a citizen. This would likely trigger revocation proceedings.

C. Discharge Under Other than Honorable Conditions from Military Service

A person who naturalized based on honorable military service can lose citizenship if they are discharged under dishonorable conditions before completing five years of honorable service.

Conditions for Revocation:

  1. Naturalization Through Military Service: The person became a U.S. citizen by serving honorably in the military.
  2. Dishonorable Discharge: The person was discharged under other than honorable conditions.
  3. Time Frame: The dishonorable discharge occurred before the person completed a total of five years of honorable service.

Example:

  • A service member naturalizes after two years of honorable service. If they are later discharged under dishonorable conditions after four years of service, they could lose their citizenship.

Why This Matters: Serving honorably in the military shows loyalty to the United States which is a big part of naturalization through service.

Revocation of naturalization is serious business. It’s important to be honest and follow U.S. laws and principles throughout the naturalization process. Applicants must know the requirements and make sure all information given is accurate and true.

If you think you have errors or concerns about your naturalization status contact an immigration attorney to get advice and protect your U.S. citizenship.

Consequences of Revocation of Naturalization

Revocation of naturalization has big implications for individuals and their families. This guide explains the process and effects in simple and straightforward terms so you can understand the consequences and the law.

A. Effective Date of Revocation of Naturalization

Key Points:

  • Retroactive: When a person’s naturalization is revoked, the revocation is effective as of the original date of naturalization.
  • Go Back to Previous Status: The person goes back to the immigration status they had before they became a U.S. citizen. This is as of the date on their Certificate of Naturalization.

Example:

If a person was a lawful permanent resident before naturalization, their status goes back to that of a permanent resident as of the date on their naturalization certificate.

B. Cancellation of Certificate of Naturalization

Process:

Court Order:

  • The court revokes the person’s naturalization and cancels their Certificate of Naturalization.

Surrender of Certificate:

  • The person must surrender their certificate to U.S. Citizenship and Immigration Services (USCIS).

Record Updates:

  • USCIS updates both physical and electronic records.

Notification:

  • USCIS notifies the Department of State so related adjustments can be made (e.g. passport cancellation).

Coordination Requirements:

  • All certificate cancellation cases must be managed with the USCIS Office of the Chief Counsel.

Note:

Communication with attorney is key to proper handling of revocation cases.

C. Consequences of Revocation on Spouse and Children’s Citizenship

Revocation of naturalization can also affect the citizenship of some family members. The impact depends on the reason for revocation and the residency status of the affected family members.

1. General Consequences on Spouse and Child Citizenship

  • Derivative Citizenship:
    • Spouses and children often get citizenship through their spouse or parent’s naturalization.
  • Loss of Eligibility:
    • If the parent or spouse’s citizenship is revoked, the spouse or child can no longer claim U.S. citizenship on this basis.

Examples:

  • Illegal Procurement of Naturalization:
    • If revocation is due to illegal procurement, the spouse’s or child’s citizenship is not affected.
  • Other Reasons for Revocation:
    • Citizenship is lost if revocation is due to concealment of facts or other legal violations.

Effect on Status:

  • When citizenship is lost the spouse or child goes back to their pre-naturalization status and loses all rights and privileges of U.S. citizenship derived from the naturalized person.

2. Loss of Citizenship Due to Concealment or Misrepresentation

  • Automatic Loss:
    • A spouse or child loses citizenship if the revocation was based on the naturalized person concealing a material fact or committing willful misrepresentation during the naturalization process.
  • Applies to All:
    • This applies whether the spouse or child is in the U.S. or abroad.

Example:

If a parent’s citizenship is revoked for falsifying their immigration history, the child’s citizenship is revoked even if the child is in the U.S.

3. Loss of Citizenship for Spouses and Children Abroad

  • Residency Requirement:
    • Spouses and children outside the U.S. at the time of revocation may lose citizenship under certain circumstances.
  • Conditions for Loss:
    • Revocation must be due to:
      • Membership in certain prohibited organizations (e.g. Communist or terrorist groups) within five years of naturalization.
      • Separation from the U.S. military under less than honorable conditions before completing five years of honorable service.

Exceptions:

  • Spouses or children in the U.S. at the time of revocation are not affected by this.

Summary for Spouses and Children:

  • Key Factors:
    • Reason for revocation.
    • Residency of the spouse or child at the time of revocation.
  • Legal Consultation:
    • USCIS officers must consult with local counsel in cases of potential loss of citizenship for spouses or children.

Legal References and Guidance

  • Relevant Statutes:
    • INA 340(a), 340(c), 340(d)
    • INA 319(a), 319(b), 320, 322
    • INA 328(f), 329(c)
  • Precedents:
    • Rosenberg v. United States, 60 F.2d 475 (3rd Cir. 1932)

Next Steps for Affected Individuals:

Get Legal Advice:

  • Consult with an immigration attorney now.

Collect Documents:

  • Collect all relevant certificates and proof of status before naturalization.

Stay Informed:

  • Monitor USCIS record changes and Department of State actions.

This guide goes into detail on the effects of revocation of naturalization so you can understand the legal and process implications clearly and step by step.

Understanding Naturalization Process

Naturalization is the process that can feel overwhelming for those who want to obtain citizenship. Understanding and learning what you need to be eligible for U.S. naturalization citizenship will help you get prepared before you apply for naturalization.

This guide provides a detailed overview of the steps and conditions involved on your path to become a United States citizen, but for more detailed information and guidance on filing form N-400 and citizenship, Herman Legal Group offers extensive resources to help you navigate the path to becoming a naturalized citizen. Find more information about U.S. citizenship on our blog.

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