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Frequently Asked Questions - Naturalization

Application for Naturalization

I have a question regarding naturalization filing period. I will complete my 5 years in US in June. Can I only file after 5 years or I can submit my documents after 4 years 9 months only.

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

I am US citizen and my wife is here on B-2 visa, her I-94 just expired, applied for extension, denied. Can I file I-130 and 485 for her now and can she wait here for her GC legally without leaving the country?

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

How important is your enrollment in selective services when you appear in a citizenship interview. Will the interview officer ask you about why u did not register in selective service.

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

In 2001 I was charged with shoplifting (retail fraud 3rd degree in michigan. I was convicted and paid fine and 7 days community service. In 2005 i got my green card. The case was expunged in 2008. Ever since 2001 i do not have any other criminal record in the last 9 years. Would this be a problem during the citizenship cause the application says good moral character in the last 5 years. My case is 9 years old and so i satisfy the 5 year rule for good moral character but not sure.

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

My husband is a ">LPR (since 1993) interested in applying for naturalization. He was granted a reentry permit and used it to enter the country nearly 2 years ago. How long does he have to wait to apply for naturalization?

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

I am permanent resident of USA for 5 yrs,and I was shoplift in jcpenny and caught by securities in 2008,they took me to their office,took my pic, and got copy of my driver license,and asked me to sign 2 form of documents,one was saying I can't enter store for a year,second one was a civil demand($500 fines),they did't called police,do i have criminal record? ">FBI will check it out? I already sent in the citizenship application,and have wait for 3 months after the fingerprint taken,still didn't receive interview notice,they will reject my application? What can I do now

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

I am currently a GC holder and have resided in the US for 30 month out of 5 years. I will be eligible to file my Citizenship (N400) paperwork next month. Once I have filed my application for Citizenship, can I leave the US and travel to Canada to visit my daughter? I was planning to be out of the US in Canada for 3 months. Will it be ok or me to leave the US once I have filed my application or Citizenship? or should wait to file upon return back from Canada?. Do I need to live continuously in the US while my application for Citizenship is in process?

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

Iam a US citizen I want to fill for citizen for my mom I dont know which form I should fill out to send to immigration.

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

US Citizenship, misdemeanor case

First of all I would like to thank Rajiv for this website. I am a new user but I've read some answers and felt so easy already. I had a misdemeanor charge back in 2007, shoplifting (less than 500). I did community service 24 hours and was on probation, got early termination of probation in 2008. All records got cleared in the state of Colorado. I am thinking to apply for US citizenship but very nervious about it. Please advise. I have two daughters. My husband could apply first with kids and I could try after them. Please help me. Need your advice.

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 had my interview today.The officer asked me simple direct questions like my DOB,when I came to USA ,when I moved to this state..then on the trips section he said "what was your purpose of your visits, becuase I see trips for like 3 months "i said " i visited my husband and relatives"and thats it on this section,given that i made 6 trips out,the longest is for 5.5months after civics,he said I passed,but no decision was made because they need to review my physical residency. Is my case very bad? I am worried!total days spent out were 554(1.5yr)in my 5yr residency!how bad is that? do they take long time to respond?

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

Could you tell me how does the Naturalization Office verify dates of US entries/exits? My wife and I have been lawful US Green Card Holders since 1990 and we're interest in applying for naturalization now. We've been traveling in and out the US for the past 19 years and I didn't save all the plane stubs. I believe we only have some of the US entries (not exit) stamps on our passports. Also we've renewed our passports once, so our passports only show the entries stamps for the past 3 years or so.

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

One of our clients (I think I have worked with these folks for over a decade) had these questions:

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

Dear Mr.Khanna, I have reading all your post and found you quite informative. I will appreciate if you can let me know the possible consequences of my case.

I was in restaurant in Gaithersburg MD on Jan 29 2008 with my boss who was visiting from Atlanta. I had a beer and 2 glasses of wine with dinner came out sat in the car and started backing up. As you know it was winter and had rained earlier the windscreen at the back got fogged out. While backing up I hit a car parked. Police was in that parking lot and arrested for drunk driving. I blew .09. I was given a bunch of tickets after being 30 minutes in the precinct and was released. In the court they dismissed 2 tickets like DUI and DUI par se and convicted me DWI and Failure to control Speed to Avoid Collision. BTW DWI in MD is a lesser offence when you blow less than the state .08 BAC typically .07. And Failure to control speed to avoid collision which is maximum fine $130.00.Now the Judge gave me Supervised Probation till I finish my MADD Class. After that the Probation goes to Unsupervised for 12 Months. Now I am elligible to file citizenship. I have finished 5 years of ">LPR time with minimal travel aborad.

Now my questions are :

1.) Will I get deported or removed.
2.) Will I have problems while entering POE while travelling from overseas.
3.) Will my Citizenship be denied if I file after my probation gets over.

Please share your knowledge It will immensly help my stress. This one mistake of my life has really taken a toll in my life.

Your earliest reply will highly appreciated.

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 obtained my green card 4 1/2 years ago through employment. My former employer sponsored me h-1 visa for 6 years and labor certificate and green card as well.

Unfortunately, I was terminated by the employer last year, which ended my 10 years career at the company. After the termination, I then filed workers compensation claim for the injuries at work, and civil lawsuit for discrimations and under-paid wages through lawyers. The two cases are pending at courts.

Now I have a part time job which is not related to the job that helped me get the green card.

It is almost time for me to apply for citizenship. However I am worried about how much the two cases would affect the application. I will be asked in the citizenship interview why I left the green card sponsor, why you were terminated and so on, so forth.

Please help advise if my worries are correct ?
Is it better to apply for citizenship when the problems above are ended in courts ?

Thank you very much for your help.

 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.

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