Frequently Asked Questions - Naturalization

Naturalized Citizen Sponsoring Parents

They will enter the USA as permanent residents. The duration of the immigrant visa is stated on the visa stamp (I think it will be 6 months) and they must enter the USA within that time. They can come and leave after they get their green card in the USA.

N-400 Application and Prosecutorial Discretion
Proof of Speeding Tickets During an N-400 Interview

Applicant should try to provide proof of the ticket and proof of payment of any fine or additional penalties for any tickets over the past five years.

Applicants for Naturalization to Demonstrate Ability to Read, Write, Speak,and Understand English

USCIS says that applicants for naturalization are required to demonstrate an ability to read, write, speak,and understand English.  The ability to read and write English is determined byadministering the reading and writing tests to the applicant.  An applicant’s ability to understand and speak English is determined by the applicant’s ability to understand and speak English during the interview.  This includes responding to all questions on the application including und

Application for Naturalization Denied for Lack of Good Moral Character

USCIS says that these situations are reviewed on a case-by-case basis looking at all of the factors in the case and that intent would certainly be a factor to consider.

Naturalization Cases Involving Outstanding Tax

USCIS instructs officers to accept proof that regular tax payments are being made.  USCIS says that all N-400 cases involving an outstanding tax debt will be reviewed on a case-by-case basis, looking at the totality of circumstances.

Naturalization Procedures at Atlanta Office

It is unlikely that the Atlanta District Office will resume swearing-in applicants on the same day as the N-400 interview, aside from customers who come from Alabama or at least four hours away, who CIS makes every effort to swear in the same day due to the distance traveled for the interview.

Naturalization Policy Regarding Adjustment of Status

Review of the underlying adjustment of status is not a new policy. Officers have always had the authority to look back at the underlying adjustment, at any time, and doing so is not a new process.

Recanting of Misrepresentation in Naturalization Application

USCIS would submit the case to Immigration and Custom Enforcement (ICE) counsel for determination.

Misrepresentation in Naturalization Application

It might.  If Immigration and Custom Enforcement (ICE) counsel proceeds with denaturalization and is successful, removal proceedings may be instituted.

Denaturalization

If USCIS determines that an applicant for naturalization was not eligible to naturalize, the evidence is obtained and submitted to Immigration and Custom Enforcement (ICE) counsel for determination of denaturalization.

Application for Naturalization

You are allowed to submit Naturalization application any time after 90 days following the 5th year from your green card approval.

I am a US citizen and spouse on B-2 visa

You can file I-130 and I-485, but she must not travel outside USA until she gets her green card.

N400 Interview and selective services

I believe this can be a problem. You should speak with a lawyer. You will need to establish that the failure to register was inadvertent, not intentional.

Citizenship and criminal record

Generally speaking, USCIS looks at the last five years preceding the application, but they CAN go back as long as they wish for adjudicating good moral character. My guess is, you should be fine.

Reentry permits and citizenship application

If he was out of USA for more than one year at any one time, the reentry permit will allow him to file after 4 years and 1 day from re-establishing domicile in USA.

Shoplifting and naturalization

From what you have described it does not appear you have a criminal conviction. Nevertheless, in my view, you should get yourself a local lawyer to assist you with the naturalization process.

Travel while citizenship/naturalization pending

Temporary absence of three months while your citizenship application is pending should not pose a problem as long as you remain a permanent resident of USA.

Citizenship Form

I am assuming she has been a green card holder for 5 years the form is N-400.

US Citizenship, misdemeanor case

Thanks for your kind comments about our web site. You can apply, but USCIS can certainly make an issue about the misdemeanor. You may want to retain a local lawyer.

My naturalization interview experience

I see no problem with the visits - they were all less than 6 months. I think it should be ok. It is difficult to estimate how long it will take.

How does Immigration office verify the dates of entries/exits

As far as I know they rely upon your passport and their own entry-exit records through Form I-94 system. This situation is common and can be corrected by supplying affidavits from applicants along with any other evidence you may have.

Renewing Expired GC and Citizenship for autistic/disabled persons

Quote:  A member of our family was issued a Green Card in November 1980. The green card did not have any renewal date (see enclosed). I assume Green Cards at that time did not have a renewal date. Does this need to be renewed?

Ans: Replace the green card. See:
http://www.uscis.gov/files/form/i-90instr.pdf

Consequences of DUI's on naturalization and green card

Let us look at the law for green cards and removal (deportation) first.

Remember the following GENERAL elements of the law (there is more to it).

Does lay-off affect natutralization?

 I see no reason to worry here. Neither the civil cases nor the fact that you have left and taken a PT job should have any bearing on your naturalization.

Naturalization - travel before oath

My husband and I have our N400 petition pending for almost 18 months. We passed our interview in July 2007 and had our 2nd fingerprinting 2 weeks ago. We were also informed that we have been cleared from background check. We have to leave for an international assignment in December and would like to understand the steps we need to take so it does not impact/disrupt our naturalization process, in case we do not get called for oath by then.

Traveling after applying for naturalization/citizenship pending
Naturalization Delays

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.

Naturalization/Citizenship Delay

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

https://www.youtube.com/watch?v=baprYGs8IzQ&t=556

Permanent residency in more than one country

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.  

https://www.youtube.com/watch?v=3BDxO6-OQbc#t=375

FAQ Transcript:

The question here is can I have permanent residency in more than one country?

Expeditious Naturalization

Expeditious naturalization is available to individuals who are seeking to naturalize as the spouse of a U.S. citizen who is regularly stationed abroad. The eligibility requirements for this category of naturalization applicants are outlined in section 319(b) of the Immigration and Nationality Act (INA) and section 319.2, Title 8, Code of Federal Regulations. Although U.S.