N-400 Application for Naturalization

While nearly one million people are naturalized every year, not everyone will be eligible for the N-400 application process. The good news is that while you may not currently be eligible for the naturalization process, there are options available to become eligible. Here are the most common ways people are naturalized:

• Permanent residency. A lawful permanent resident (green card holder) is someone who has lived in the U.S. for at least five years, has been physically in the country for at least 30 months, and has resided in the same state for at least three months before filing their N-400 form.
  
  
• Marriage to a U.S. citizen. A resident who has been married to a U.S. citizen for at least three years and resided in the U.S. for 18 months may be eligible to become naturalized.
  
  
• Military service. A person who has served in the U.S. military during times of war or has served in the US military for over one year and has not been discharged longer than six months before filing an N-400 may be able to secure naturalization.

While these are the most common examples of naturalization eligibility, this is not a complete list; there are a few less common routes of naturalization that may apply to you. It’s also important to note that you must be 18 years or older to file your N-400 application yourself.

Complications That May Affect N-400 Eligibility

Whether you meet the eligibility requirements because of permanent residency, marriage, or active duty military service, it doesn’t mean you will be allowed to apply by filing Form N-400. The U.S. Citizenship and Immigration Services (USCIS) is very cautious about who they allow to naturalize. Some common things that might hinder your eligibility will be:

• Criminal history. One of the primary considerations in the naturalization process is an applicant’s criminal history. Certain criminal convictions, especially those involving moral turpitude or aggravated felonies, can significantly impact eligibility. Applicants need to disclose their complete criminal history and seek legal advice on how specific convictions may affect their case.
  
  
• Tax compliance. Demonstrating good moral character includes compliance with U.S. tax laws. Failure to file tax returns, evasion of taxes, or other tax-related issues can raise concerns during the naturalization process. Applicants must address any outstanding tax obligations before filing Form N-400.
  
  
• Selective service registration. Male applicants aged 18 to 26 are generally required to register with the Selective Service System. Failure to register can result in ineligibility for naturalization. Male applicants in this age group must register and provide evidence of registration as part of the application process.
  
  
• Financial issues. While financial difficulties alone may not be enough to bar naturalization, significant financial problems such as bankruptcy, unpaid debts, or reliance on public assistance can raise concerns. Applicants need to address and disclose financial issues, demonstrating an ability to support themselves.

If one or more of these occurrences apply to you, it doesn’t necessarily mean that naturalization is out of the question. However, you will need to be proactive about your situation.

Don’t take unnecessary risks with your future. Call our law firm today to find out how we can help navigate eligibility issues or appeal to the USCIS.

Unfortunately, the naturalization process isn’t as simple as filling out and submitting Form N-400. An important part of becoming a U.S. citizen is becoming familiar with U.S. history, civics, and law, and being able to functionally live in the US in the same manner as any other US citizen.

These skills will be measured in a series of questions that you will be asked in your naturalization interview and the accompanying naturalization test. Adequate preparation may take several months or even years, especially if English isn’t your first language. Fortunately, the USCIS has study materials available for those preparing for their naturalization test and interview.

Once you’re feeling confident in your understanding of subjects like U.S. civics, the English language, and the U.S. Constitution, the next step will be to gather all of the necessary documents, submit your naturalization application, and pay the necessary fees.