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Naturalization

Naturalization

Form N-400 ( Application for Naturalization)  and Form N-600 (Application for Certificate of Citizenship) are both related to U.S. citizenship, but they serve different purposes and are used by different groups of people:

  1. Form N-400:
    • Form N-400 is the application form used by lawful permanent residents (green card holders) who want to apply for U.S. citizenship through the process of naturalization.
    • Eligible green card holders can use this form to apply for U.S. citizenship if they meet the residency requirements, demonstrate good moral character, pass the English and civics tests, and meet other eligibility criteria. Learn more about N-400 Application. 
  2. Form N-600:
    • Form N-600 is used by individuals who believe they have acquired or derived U.S. citizenship automatically based on their circumstances, such as being born abroad to U.S. citizen parents or becoming a U.S. citizen through adoption by U.S. citizen parents.
    • Form N-600 is typically used by individuals who did not acquire or derive citizenship at birth but believe they have a valid claim to U.S. citizenship based on specific laws or situations. It is not used by permanent residents seeking naturalization. 

On this page, we will discuss  eligibility, process for Naturalization, and bars (ineligibility to Naturalization. Please go to the link below for details about Form N-600 citizenship application.

N-600 Citizenship Application

Am I Eligible for Naturalization?

Determining eligibility for naturalization involves considering various factors and requirements. Here are some general eligibility criteria for naturalization:

  1. Permanent Resident Status (Green Card): Generally, you must be a lawful permanent resident (green card holder) for a specific period before applying for naturalization. The usual requirement is five years of continuous residence, but it could be three years if you are married to a U.S. citizen.
  2. Physical Presence: You must have been physically present in the United States for a certain period before filing for naturalization. The general requirement is to be physically present for at least half of the time during the required residency period.
  3. Continuous Residence: You are expected to maintain continuous residence in the United States during the five (or three) years immediately preceding your naturalization application. Extended trips outside the U.S. may disrupt continuous residence.
  4. Good Moral Character: Applicants must demonstrate good moral character during the required period of residency. Criminal convictions, tax issues, and other factors may impact your eligibility.
  5. Basic English Language Proficiency: You must be able to read, write, and speak basic English. There are exceptions for certain age and residency combinations.
  6. Knowledge of U.S. Government and History: You must have a basic understanding of U.S. government and history. This is typically tested through a civics examination.
  7. Attachment to the Constitution: You must demonstrate an understanding of and attachment to the principles of the U.S. Constitution.
  8. Oath of Allegiance: You must be willing to take the Oath of Allegiance to the United States.
  9. Selective Service Registration: Male applicants between the ages of 18 and 26 must register with the Selective Service if required to do so.

90-day Rule, and 4-year and 1-day Rule

To determine if you are eligible for naturalization, you should consider the following general eligibility requirements:  

  1. Age Requirement: You must be at least 18 years of age at the time you file an N-400 (Application for Naturalization).
  2. Continuous Residency Requirement: You must have lived continuously in the United States as a permanent resident for at least 5 years (or 3 years if married to a U.S. citizen) immediately before applying for naturalization. There are specific exceptions to this requirement, such as for spouses of U.S. citizens serving in the military. There are specific exceptions to this requirement, such as for spouses of U.S. citizens serving in the military. Please the read the related section below to determine if your continuous residency broke.
  3. Physical Presence: You must have been physically present in the United States for at least more than  2.5 years (more specifically at least 913 days) out of the last 5 years, or 1.5 years ( more specifically, at least 548 days) out of the last 3 years if you are married to a US citizen.
  4. Residency in State or Service District: You must live in the state or service district for at least 90 days before filing an N-400 application.
  5. Good Moral Character: You are expected to demonstrate good moral character throughout the required residency period. Criminal convictions, tax issues, and certain other behaviors may impact your eligibility. For more information, read the related section below.
  6. Language Proficiency: You must be able to read, write, and speak basic English. There are exceptions and waivers for certain individuals, such as those who are elderly or have a medically determinable disability.
  7. Civics Knowledge: You must pass a civics test, which assesses your knowledge of U.S. government and history. The USCIS provides a list of questions and answers for this test.
  8. Selective Service Registration: If you are a male between the ages of 18 and 26, you must have registered with the Selective Service System (the military draft) unless you meet specific exemption criteria.
  9. No Abandonment of Residence: You must not have abandoned your residence in the United States. Extended periods of time spent outside the U.S. may disrupt your continuous residence requirement. For more information, read the related section below.
  10. No Disqualifying Criminal History: Certain criminal convictions can make you ineligible for naturalization. Consult the USCIS website for a list of offenses that may impact your eligibility. For more information, read the related section below.

Go to the link below to learn more about the N-400 Naturalization Application.

 N-400 Application for Naturalization

 

90-day Rule: If you meet the physical presence requirements, you may apply for Naturalization during 90 days prior to your 5-year or 3-year residency. 

4-year and 1-day Rule: If you are an applicant who has returned from an absence that has lasted more than a year, you may be able to apply for a residence requirement of 4 years and 1 day instead of 5 years if you stayed outside the US with a reentry permit. Likewise, if you  are married to a US citizen,  you may be able to apply for naturalization in  2 years and 1 day.

What Breaks Continuous Residency?

Continuous residency, as a requirement for naturalization (Form N-400), means that an applicant must have maintained their permanent residence in the United States for a specific period without any significant interruptions or breaks. Leaving the United States for an extended period can break continuous residency and may affect your eligibility for naturalization. Here are some scenarios and factors that can potentially break continuous residency:

  1. Absences of Six Months or More: Generally, an absence from the United States for six months or more during the required continuous residency period can break your continuous residency. 
  2. Absences of One Year or More: An absence of one year or more from the United States during the continuous residency period is considered a significant break and can result in the loss of your permanent resident status (green card). 
  3. Multiple Short Absences: Even multiple short absences from the United States, when they add up to a significant portion of the continuous residency period, can potentially break continuous residency. USCIS may consider the repeated or consecutive trips of more than 5 months and less than 6 months as a break of continuous residency.
  4. Abandonment of U.S. Residence: If you have abandoned your U.S. residence by relocating your primary home and establishing a permanent residence abroad, it can break continuous residency. Actions such as selling your U.S. home, terminating a U.S. job, or registering to vote in another country may suggest abandonment.
  5. Failure to File U.S. Taxes: Failing to file U.S. income taxes while living abroad can also be considered evidence of abandonment of U.S. residence.

Note that you may be able to overcome the ineligibility of Naturalization due to break of continuous residency.

How to Withdraw N-400 Application for Naturalization:

(1) Can I withdraw my N-400?

Yes. At any time before USCIS makes a final decision, you may withdraw your Application for Naturalization by sending a written request to your USCIS District / Field Office Director.

If USCIS accepts the withdrawal, the applicant may submit another application without prejudice. USCIS does not send any further notice regarding the application. If the District Director does not consent to the withdrawal, the officer makes a decision on the merits of the application.

(2) How many times can I apply for naturalization?

There is no limit to the number of times you can apply for naturalization unless USCIS denied your previous N-400 application with prejudice, but you must pay the filing fee for each Form N-400 you submit to the agency.

N-400 Denials and Appeals

(1) Can I file an appeal if my N-400 application is denied?

Yes, you have the right to file an appeal if your N-400 application (Application for Naturalization) is denied.  

Here’s a general overview of the appeal process for a denied N-400 application:

  1. Review the Denial Notice: Carefully review the denial notice. It should provide details on why your application was denied and instructions on how to appeal.
  2. File Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings: To initiate the appeal process, you typically need to file Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings. This form must be filed within 30 days from the date of the denial notice. Please go to the link below for details on how to successfully appeal a denial.

Appeal your N-400 Naturalization Application Denial. 

Mandamus Suit and N-400 Naturalization Application Decision

Filing a mandamus action is an option for individuals who believe their N-400 application for naturalization has been unreasonably delayed by USCIS. A mandamus action is a legal remedy that seeks to compel USCIS to take action on a pending application when the delay is considered unreasonable. You may be eligible to file a mandamus lawsuit if USCIS has not made a decision on your application within 120 days of your interview.  Please go to the link below for details on how to successfully appeal a denial.

File a Writ of Mandamus 

What Crimes can make you ineligible for Naturalization?

(1) Permanent Bars to Good Moral Character:

The following crimes causes permanent bars to establishing “good moral character” (GMC), which is a key requirement for eligibility for various immigration benefits, including naturalization. Here are some examples of permanent bars to good moral character:

    1. Murder
    2. Aggravated Felonies
    3. Persecution, Genocide, Torture, or Severe Violations of Religious Freedom
    4. False Claims to USCIS

(2) Conditional or temporary bar to Good Moral Character

The following crimes or wrongful acts causes bars to naturalization during a 3 or 5 year period.

    1. One or More Crimes Involving Moral Turpitude (CIMTs)
    2. Aggregate Sentence of 5 Years or More
    3. Controlled Substance Violation
    4. Incarceration for 180 Days
    5. False Testimony under Oath
    6. Prostitution Offenses
    7. Smuggling of a Person
    8. Polygamy
    9. Gambling Offenses
    10. Habitual Drunkard
    11. Two or More Convictions for Driving Under the Influence (DUI)
    12. Failure to Support Dependents
    13. Adultery
    14. Unlawful Acts

Please go to the link below for details about:

Bars (ineligibility) to Naturalization

Other Related Services

Acquisition of Citizenship: Acquiring United States citizenship can be achieved through several different means, including birthright, acquisition at birth, and naturalization. Here are the main ways to acquire U.S. citizenship:

  1. Child Citizenship after Birth Abroad: Children under 18 years old who are lawful permanent residents and have at least one parent who becomes a U.S. citizen through naturalization may acquire U.S. citizenship automatically if they meet certain conditions. 
  2. Child Citizenship at Birth Abroad:  If you are born abroad to at least one U.S. citizen parent, you may acquire U.S. citizenship at birth. The specific requirements and procedures can vary, but generally, you must have at least one U.S. citizen parent who has lived in the United States for a certain period. 
  3. Child Citizenship through Adoption: Children under 18 years old who are adopted by U.S. citizen parents may acquire U.S. citizenship through the adoption process.

 Please read the related section below for details.

Acquisition of Citizenship 

Our Expertise and Services

Assessing Eligibility: Our skilled attorneys and paralegals will evaluate your eligibility and guide you through the various options available to bring your family members to the United States. We talk in different languages for your comfort like English, Bangla, Hindi & Urdu.
Document Preparation: We assist you in gathering the required documentation, ensuring that all forms and supporting evidence are accurately completed and submitted in a timely manner.
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Follow-up Assistance

After the visa is approved, we offer guidance on the next steps, including adjustment of status or consular processing, to help your family members smoothly transition to life in the United States.

At Mehran Law, We understand the importance of keeping families together, no matter where they come from. Our dedicated team of experienced immigration attorneys and paralegals will be navigating the complex process of USA family visas, ensuring that you can bring your loved ones closer to you.

Immigration Law can vary from person to person and also be very complex. You should always contact an experienced immigration attorney before filing a petition or making a decision. Contact us at 470-800-9213 or [email protected] for a free consultation.

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