Naturalization
You May Qualify for Naturalization if:
- You have been a permanent resident for at least 5 years and meet all other eligibility requirements.
- You have been a permanent resident for 3 years or more and meet all eligibility requirements to file as a spouse of a U.S. citizen. You do not need to receive your green card based on your marriage to a US citizen.
- You have qualifying service in the U.S. armed forces and meet all other eligibility requirements.
- Your child may qualify for naturalization if you are a U.S. citizen, the child was born outside the U.S., the child is currently residing outside the U.S., and all other eligibility requirements are met.
- You are permanent resident and your US spouse is working overseas for US government or private company, you may qualify for naturalization as soon as you become permanent resident(including conditional status).
How to Apply for Naturalization
- Prepare for taking the naturalization test before you apply.
- Consult us to determine if you may be denied naturalization due to certain issues, such as prior criminal record, long absence from the United States, overseas job, marriage issues with US spouse if you apply after three year residence.
- Most applicants will file Form N-400, Application for Naturalization.
- Applicants eligible pursuant to sections 328 and 329 of the INA should also file Form N-426, Request for Certification of Military or Naval Service, and Form G-325B, Biographic Information.
- For a child eligible pursuant to section 322 of the INA, a Form N-600K, Application for Citizenship and Issuance of Certificate Under Section 322, may be filed on behalf of the child.
Naturalization Interview
Attorney may represent client in interview. It is suggested that if you have the following issues, you retain attorney for your interview:
Have criminal record; stayed overseas for extended priod; received green card based asylum and you went back to your home country; lack documents to show you have been living with your US spouse if you apply under the three year rule; you did not work for your employer who sponsored your green card; your English is limited; you need to waive your English and/or civic test due to advanced age or medical disability; you have other issues which may be difficult to deal with by you.
Naturalization Interview or Decision Delay
By law USCIS must make a decision within 120 days after the initial interview or you can sue USCIS in federal district court. If you filed your application and you do not receive interview notice for more than one year, you may also sue USCIS for the delay. For details, please see Federal Court Litigation section of our website.
Medical Waiver
If you have certain disability which impairs your ability to learn, you may qualify for the English and/or Civic test.
Any person requesting for waiver of examinations when applying for US citizenship needs to have a waiver report. Any applicant who has illnesses that impair his/her memory and thus learning abilities can request waiver of these examinations. However, he/she needs to go to a civic surgeon to issue this waiver report which is the form N-648, Medical Certification for Disability Exceptions.
“Definition of disability or Impairment(s):
The disability or impairment(s) rendering the individual incapable of meeting the testing requirements must be long-term; result from anatomical, physiological, or psychological abnormalities (which can be supported by medically acceptable techniques): and result in functioning so impaired as to render an individual completely unable to learn and demonstrate the required knowledge.
This definition of disability may be different from definitions used by the Social Security administration and Department of Veterans affairs or used in worker’s compensation claims; however, such disability determinations may be considered as evidence.
Medical waiver for N-400 examination is a high fraud area and the USCIS is very strict on granting the waiver. If you are found to have committed fraud in submitting the waiver, your case may be denied and you may be barred for five years to reapply. Competent legal representation is needed to assist an applicant.
Appeal and Judicial Review
If your N-400 is denied by the USCIS, you have 30 days to file an administrative appeal. The appeal will be heard by a different officer in the same USCIS office. If your appeal is dismissed and your N-400 is denied after the appeal, you have 30 days to take your application to federal district court for review. For details, please see Federal Court Litigation section of our website.
Medical Waiver
If you have certain disability which impairs your ability to learn, you may qualify for the English and/or Civic test.
Any person requesting for waiver of examinations when applying for US citizenship needs to have a waiver report. Any applicant who has illnesses that impair his/her memory and thus learning abilities can request waiver of these examinations. However, he/she needs to go to a civic surgeon to issue this waiver report which is the form N-648, Medical Certification for Disability Exceptions.
“Definition of disability or Impairment(s):
The disability or impairment(s) rendering the individual incapable of meeting the testing requirements must be long-term; result from anatomical, physiological, or psychological abnormalities (which can be supported by medically acceptable techniques): and result in functioning so impaired as to render an individual completely unable to learn and demonstrate the required knowledge.
This definition of disability may be different from definitions used by the Social Security administration and Department of Veterans affairs or used in worker’s compensation claims; however, such disability determinations may be considered as evidence.
Medical waiver for N-400 examination is a high fraud area and the USCIS is very strict on granting the waiver. If you are found to have committed fraud in submitting the waiver, your case may be denied and you may be barred for five years to reapply. Competent legal representation is needed to assist an applicant.