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Naturalization FAQ

 
 
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Q. How can I become a United States citizen?

A person may become a U.S. citizen (1) by birth or (2) through naturalization.

Q. Who is born a United States citizen?

Generally, people are born U.S. citizens if they are born in the United States or
they are born to U.S. citizens:

If you were born in the United States (including, in most cases, Puerto Rico, Guam, and the U.S. Virgin Islands), you are an American citizen at birth (unless you were born to a foreign diplomat). Your birth certificate is proof of your citizenship.

In most cases, you are a U.S. citizen if ALL of the following are true:

(a) Both your parents were U.S. citizens when you were born; and

(b) At least one of your parents lived in the United States at some point in their life.
Your record of birth abroad, if registered with a U.S. consulate or embassy, is proof of your citizenship. You may also apply for a passport to have your citizenship recognized. If you need additional proof of your citizenship, you may file an “Application for Certificate of Citizenship” (Form N-600) with USCIS to get a Certificate of Citizenship. Call the USCIS Forms Line at 1-800-870-3676 to request a Form N-600.

In most cases, you are a U.S. citizen if ALL of the following are true:

(a) One of your parents was a U.S. citizen when you were born;

(b) Your citizen parent lived at least 5 years in the United States before you were born; and

(c) At least 2 of these 5 years in the United States were after your citizen parent’s 14th birthday.

Your record of birth abroad, if registered with a U.S. consulate or embassy, is proof of your citizenship. You may also apply for a passport to have your citizenship recognized. If you need additional proof of your citizenship, you may file an Application for Certificate of Citizenship (Form N-600) with USCIS to get a Certificate of Citizenship.

Q. How do I become a naturalized citizen?

If you are not a U.S. citizen by birth, you may be eligible to become a citizen through naturalization. People who are 18 years and older use the Application for Naturalization (Form N-400) to become naturalized. Children who are deriving citizenship from naturalized parents use the Application for a Certificate of Citizenship (Form N-600) to become naturalized. Call the USCIS Forms Line at 1-800-870-3676 to request a Form N-600.

Q. When does my time as a Permanent Resident begin?

Your time as a Permanent Resident begins on the date you were granted permanent resident status. This date is on your Permanent Resident Card (formerly known as Alien Registration Card).

Q. What form do I use to file for naturalization?

You should use an Application for Naturalization (Form N-400).

Q. If I have been convicted of a crime but my record has been expunged, do I need to indicate that on my application or tell an USCIS officer?

YES. You should always be honest with USCIS regarding all:

  • arrests;

  • convictions (even if they have been expunged); and

  • crimes you have committed for which you were not arrested or convicted. Even if you have committed a minor crime, USCIS may deny your application if you do not tell the USCIS officer about the incident.

Q. Where do I file my naturalization application?

You should send your completed Application for Naturalization (Form N-400) to the appropriate USCIS Service Center.

Q. Will USCIS provide special accommodations for me if I am disabled?

Some people with disabilities need special consideration during the naturalization process. USCIS will make every effort to make reasonable accommodations in these cases. For example, if you use a wheelchair, we will make sure your fingerprint location is wheelchair accessible. If you are hearing impaired and wish to bring a sign language interpreter to your interview, you may do so.

Q. How can I pay my application fee?

You must pay your application fee with a check or money order drawn on a U.S. bank in U.S. dollars payable to the Immigration and Naturalization Service.

Residents of Guam should make the fee payable to Treasurer, Guam. Residents of the Virgin Islands should make the fee payable to Commissioner of Finance of the Virgin Islands.

You must send your fee with your application. Remember that your application fee is not refundable even if you withdraw your application or USCIS denies your case.

Q. How long will it take to become naturalized?

The time it takes to be naturalized varies from one local office to other. In 1997, in many places, it took over 2 years to process an application. USCIS is currently modernizing and improving the naturalization process. Within the next 2 years, USCIS would like to decrease the time it takes to become naturalized to 6 months.

Q. Where can I be fingerprinted?

After USCIS has received your application, we will notify you of the location where you should get fingerprinted.

Q How do I determine the status of my naturalization application?

You may call the Service Center where you sent your application.

Q. What if I cannot make it to my scheduled interview?

It is very important not to miss your interview. If you have to miss your interview, you should notify the office where your interview is scheduled by mail as soon as possible. In your letter, you should ask to have your interview rescheduled. Rescheduling an interview may add several months to the naturalization process, so try not to change your original interview date. If you miss your scheduled interview without notifying USCIS, USCIS will administratively close your case. Unless you contact USCIS to schedule a new interview within 1 year after USCIS closes your case, USCIS will deny your application. USCIS will not notify you if they close your case because you missed your interview.

Q. What do I do if my address has changed?

If your address changes, you should call the USCIS Forms Line (1-800-375-5283) and request an Alien’s Change of Address Card (Form AR-11). Complete this form and send it back to USCIS. This form is pre-printed with our address on it.

It is important to make sure USCIS has your latest address. If USCIS does not have a current address for you, you may not receive important information. For example, USCIS may not be able to notify you of your interview date and time. We also may not be able to tell you if you need to send or bring additional documents to your interview.

Q. If USCIS grants me naturalization, when will I become a citizen?

You become a citizen as soon as you take the Oath of Allegiance to the United States. In some places, you can choose to take the Oath the same day as your interview. If that option is not available or if you prefer a ceremony at a later date, USCIS will notify you of the ceremony date with a Notice of Naturalization Oath Ceremony (Form N-445).

Q. What should I do if I cannot go to my oath ceremony?

If you cannot go to the oath ceremony, you should return the Notice of Naturalization Oath Ceremony (Form N-445) that USCIS sent to you. You should send the N-445 back to your local office. Include a letter saying why you cannot go to the ceremony. Make a copy of the notice and your letter before you send them to USCIS. Your local office will reschedule you and send you a new Notice of Naturalization Oath Ceremony (Form N-445) to tell you when your ceremony will be.

Q. What can I do if USCIS denies my application?

There is an administrative review process for those who are denied Naturalization. If you feel that you have been wrongly denied naturalization, you may request a hearing with an immigration officer. Your denial letter will explain how to request a hearing and will include the form you need. The form for filing an appeal is the Request for Hearing on a Decision in Naturalization Proceedings under Section 336 of the Act (Form N-336).

Q. Can I reapply for naturalization if USCIS denies my application?

In many cases, you may reapply. If you reapply, you will need to complete and resubmit a new N-400 and pay the fee again. You will also need to have your fingerprints and photographs taken again. If your application is denied, the denial letter should indicate the date you may reapply for citizenship.

If you are denied because you failed the English or civics test, you may reapply for naturalization as soon as you want. You should reapply whenever you believe you have learned enough English or civics to pass the test.

Q. What do I do if I have lost my Certificate of Naturalization?

You may get a new Certificate of Naturalization by submitting an application for Replacement Naturalization/Citizenship Document (Form N-565) to USCIS. You may obtain an N-565 by calling the USCIS Forms Line (1-800-870-3676). Submit this form with the fee to your local USCIS office. It may take up to 1 year for you to receive a new certificate. If you have one, you may use your passport as evidence of citizenship while you wait for a replacement certificate.

Must I obtain a new Green Card when USCIS issues a new version of the card?

No, you only need to renew your Permanent Resident Card when it expires.

Q. If I am naturalized, is my child a citizen?

Usually if children are Permanent Residents, they can derive citizenship from their naturalized parents. This is true whether the child is a child by birth or adoption.

In most cases, your child is a citizen if ALL of the following are true:

  • The other parent is also naturalized OR

  • You are the only surviving parent (if the other parent is dead) OR

  • You have legal custody (if you and the other parent are legally separated or divorced);
    The child was under 18 when the parent(s) naturalized;

  • The child was not married when the parent(s) naturalized; and

  • The child was a Permanent Resident before his or her 18th birthday.

If you and your child meet all of these requirements, you may obtain a passport for the child as evidence of citizenship. If the child needs further evidence of citizenship, you may submit an Application for Certificate of Citizenship (Form N-600) to USCIS to obtain a Certificate of Citizenship. (Note: the child may obtain a passport or Certificate of Citizenship at any time, even after he or she turns 18.)

Q. If I am naturalized but the above situation does not apply to me or my child, how can I apply for citizenship for my child?

In many cases, citizens may apply for citizenship for their children:

If both parents are alive and still married to each other, but only one parent is a citizen, you may apply for citizenship for your child using an Application for Certificate of Citizenship (Form N-600).

The child must meet ALL of the following requirements at the time he or she takes the Oath of Allegiance (Note: the Oath may be waived if the child is too young to understand it.):

(a) The child is under 18;
(b) The child is not married;
(c) The child is a Permanent Resident; and
(d) The child is in legal custody of the parent who is a citizen.

If at least one of the child’s parents is a citizen, the parent may apply for citizenship for the child using an Application for Certificate of Citizenship (Form N-600). The child must meet ALL of the following requirements at the time he or she takes the Oath of Allegiance (Note: the Oath may be waived if the child is too young to understand it):

(a) The child is under 18;
(b) The child is not married;
(c) The child is lawfully present in the United States in a non-resident status (e.g., with a B-2 or F-l visa);
(d) The child is in legal custody of the parent who is a citizen;
(e) The citizen parent has lived at least 5 years in the United States; and
(f) At least 2 of these 5 years in the United States were after the citizen parent’s 14th birthday.

In some cases, a child may have a parent who is a U.S. citizen but who has not lived in the United States for at least 5 years, 2 of which were after the citizen parent’s 14th birthday. In these cases, the U.S. citizen parent may apply for citizenship for the child using an Application for Certificate of Citizenship (Form N-600). The child must meet ALL of the following requirements at the time he or she takes the Oath of Allegiance (Note: the Oath may be waived if the child is too young to understand it):

(a) The child is under 18;
(b) The child is not married;
(c) The child is lawfully present in the United States in a non-resident status (e.g., with a B-2 or F-1 visa);
(d) A U.S. citizen parent has a parent (the child’s grandparent) who is also a U.S. citizen;
(e) The child is in legal custody of the U.S. citizen parent whose parent is also a U.S. citizen;
(f) The U.S. citizen grandparent lived at least 5 years in the United States; and
(g) At least two of these years in the United States were after the citizen grandparent’s 14th birthday.

©2005 Law Office of George M. Sabga Jr. All rights reserved.