Applying for Citizenship (Form N-400 Naturalization)
The definitive process through which lawful permanent residents become United States citizens, securing permanent protection from deportation, full voting rights, and U.S. passport privileges.
1. Overview of the Process & Reasons to Pursue
Naturalization under Section 316 and Section 319 of the Immigration and Nationality Act is the legal culmination of the immigration journey. By applying for citizenship via Form N-400, a Lawful Permanent Resident (green card holder) requests that the United States government grant them full citizenship, including the right to vote, hold public office, obtain a U.S. passport, and petition for foreign relatives with the highest statutory preference. Crucially, applying for naturalization subjects the applicant's entire immigration and criminal history to rigorous, de novo scrutiny by USCIS.
Why Someone Pursues This Process / How One Enters It
Permanent residents pursue naturalization for permanent immunity from deportation, the right to vote in federal elections, access to federal jobs and security clearances, freedom from travel restrictions abroad, and the ability to sponsor parents, married adult children, and siblings without permanent residency quotas. Most importantly, citizenship eliminates the risk of losing status through prolonged international travel or minor future criminal charges.
2. How Long the Process Usually Takes
5 to 12 months from the initial submission of Form N-400 to the formal Oath of Allegiance ceremony, depending on USCIS field office interview backlogs.
3. Forms That Need to Be Completed
Successfully completing this process involves preparing and submitting official government petitions and affidavits:
Form N-400
Application for Naturalization (primary 20-page application)
Form N-648
Medical Certification for Disability Exceptions (completed by a licensed physician if seeking an exemption from English or civics exams)
Form N-336
Request for a Hearing on a Decision in Naturalization Proceedings (filed if the initial N-400 is denied)
Form G-28
Notice of Entry of Appearance as Attorney
4. Supporting Evidence & Documentation Checklist
In immigration proceedings, the applicant carries the burden of proof. A complete evidentiary packet must include:
- Front and back copy of Permanent Resident Card (Form I-551)
- Proof of continuous residence and physical presence (complete passport entry/exit stamps, travel logs, state ID/driver's license)
- IRS Federal Tax Return Transcripts for the last 5 years (or last 3 years if married to a U.S. citizen)
- Certified final court dispositions, police reports, and arrest documentation for all encounters with law enforcement anywhere in the world
- If applying under the 3-year rule: spouse's proof of U.S. citizenship, certified marriage certificate, and joint bona fide marriage documents
- Proof of child support compliance if applicant has minor children residing outside their household
- Selective Service registration acknowledgment letter (for male applicants who resided in the U.S. between ages 18 and 26)
Before filing, you must audit your entire background for statutory bars, criminal inadmissibility, and prior immigration violations. Any of the following issues can lead to immediate denial, forfeiture of filing fees, or removal proceedings:
- Failure to Meet Statutory Residence: Lacking 5 years of permanent residence (or 3 years if continuously married to and living in marital union with a U.S. citizen).
- Break in Continuous Residence: An absence from the U.S. of more than 6 months presumes a break in continuous residence; an absence of 1 year or more strictly breaks continuous residence by statute.
- Lack of Physical Presence: Failing to have been physically present in the U.S. for at least 30 months out of the 5 years (or 18 months out of the 3 years) preceding filing.
- Lack of Good Moral Character (GMC): Permanent statutory bar for convictions of murder or an aggravated felony on or after November 29, 1990; conditional bars for crimes involving moral turpitude, controlled substances violations, multiple DUIs, failure to pay child support, or tax evasion.
- Underlying Defect in Original Green Card: If the green card was issued erroneously or through fraud, USCIS can not only deny naturalization but issue a Notice to Appear (NTA) in removal proceedings.
- Failure to Pass English and Civics Examination: Unless qualifying for the 50/20, 55/15, or 65/20 age/residency exemptions or an approved Form N-648 medical waiver.
6. Government Filing Fees
Government filing fees are strictly non-refundable and set by federal regulation (USCIS, EOIR, and Department of State fee schedules):
Note: Government fees are subject to periodic regulatory updates. Fee waivers (Form I-912 or EOIR-26A) may be available for qualifying indigent applicants on select forms.
7. Possible Adjudication Outcomes
Upon review by the adjudicating agency, asylum office, or court, this process can lead to the following formal outcomes:
- Application Approved: Applicant attends an administrative Oath Ceremony, surrenders their green card, and receives their Certificate of Naturalization.
- Continuance (Form N-14): Issued if the applicant failed the English/civics exam on their first attempt (re-test scheduled within 60-90 days) or if additional records are required.
- Application Denied: USCIS issues a written denial detailing failures of continuous residence, physical presence, Good Moral Character, or statutory eligibility.
- Referral to Removal Proceedings: If serious deportable offenses or original green card fraud are discovered during adjudication, USCIS may issue an NTA.
8. What Can Be Done If Your Outcome Is Negative?
If an N-400 is denied, the applicant can file Form N-336 (Request for a Hearing on a Decision in Naturalization Proceedings) within 30 days of receipt of the denial notice. This triggers a de novo administrative review and hearing before a senior supervisory immigration officer. If the N-336 is denied, the applicant can file a civil action in U.S. District Court under 8 U.S.C. § 1421(c) for an independent judicial determination. Alternatively, if the denial was without prejudice (e.g., waiting out a 5-year GMC clock following a misdemeanor conviction), the applicant can reapply once statutory prerequisites are met.
9. Range of Legal Fees Charged by Lawyers
$1,500 to $3,500 for standard naturalization representation; $3,500 to $6,000+ for complex cases involving arrest history, extended absences abroad, tax installment plans, or Form N-648 medical disability exceptions.
At JBC Law Office, attorney Joseph B. Caraccio provides transparent flat-fee representation with written retainer agreements, personalized evidentiary assembly, and direct attorney communication at every step.