Naturalization FAQs

*Please note that the queries have been put together and edited by the Economic Times to address similar questions at once and that the answers are clear and relevant to the audience.

1. My Son was born in February 2020 in the USA, where my wife is on an F1 visa working on OPT. Due to the Covid19 pandemic, I couldn't meet my son for two years. Kindly suggest to me the way forward to meet my son and wife. I also tried to travel on a tourist visa and F1 Visa. Unfortunately, I got both rejections. I'm an Indian taxpayer and an IT employee. 

You seem to be referring to a visa denial under Immigration and Nationality Act, section 214(b).

This law applies only to nonimmigrant visa categories. If you are refused a visa under section 214(b), it means that you did not overcome the presumption of immigrant intent required by law by sufficiently demonstrating that you have strong ties to your home country. Such ties are seen as a reason you will not be tempted to exceed your allowed stay in the USA.

When your spouse is already in the US, your ties to your home country are difficult to demonstrate. If you feel there is additional information that should be considered related to the visa decision, or there are significant changes in your circumstances since your last application, you may reapply for a visa. Note that visas like H-1, H-4 (if your spouse gets an H-1), and L-1 are immune from this problem. So, when your wife obtains an H-1B status, or you can qualify for an L-1 visa, you should not have the section 214(b) denials impede your visa.

2. My brother is a US citizen, and he applied for our mother's green card. Everything is clear, all paperwork is done, but due to the pandemic, we are waiting for the interview date from March 2021. Do you have any information on how we get the date or how much time it will take?

Because of the resurgence of the pandemic and a huge backlog of cases, it is unlikely we will see an immediate resolution of the delays. But consulates have indicated that give preference to families of immediate relatives, like parents, of US citizens. Also, the US consulates have started waiving some nonimmigrant visa interviews, which should streamline their operations for green cards as well.

3. My daughter is in Dallas, US, and under medical treatment. She is there with an IN40 visa. As a father, I want to be there during her medical urgency. How can I get a visa now to be with her in the US?

I am not sure what type of visa your daughter has, but your choice appears to be the same as for any other foreign national, a B visa. The consulates usually issue a B-1/B-2 visa or a B-1 visa for medical issues and attending family members.

4. I am a US citizen currently in India. I am traveling back to the States in mid-February for two months and want to take my Indian-citizen senior citizen mother with me for that duration. Her last US tourist visa expired eight years ago. (She has an active Schengen visa on her passport) Is there a way she can get a short-term two-month visa to the US?

You will have to apply for her tourist visa again.

5. I stayed outside of the US for more than two years because of COVID-19. Am I eligible for naturalization? I came to the USA in August 2016.

It appears that the continuity of your stay required for naturalization has been broken by an absence of one year. An absence from the United States for a continuous period of 1 year or more (365 days or more) will automatically break the continuity of residence. It appears you could apply after 4 years and one day after returning, or easier, 4 years and 6 months after returning. The USCIS provides the following example for your situation:

“An applicant for naturalization under INA 316 departs the United States on January 1, 2010, and returns January 2, 2011. The applicant has been outside the United States for exactly 1 year (365 days) and has therefore broken the continuity of his or her residence in the United States. The applicant must wait until at least January 3, 2015, to apply for naturalization, when the 5-year statutory period immediately preceding the application will date back to January 3, 2010. At that time, although the applicant will have been absent from the United States for less than 1 year during the statutory period, the applicant will still have been absent from the United States for more than 6 months (180 days) during the statutory period and may be eligible for naturalization if he or she successfully rebuts the presumption that he or she has broken the continuity of her residence.

If the applicant cannot overcome the presumption of a break in the continuity of his or her residence, the applicant must wait until at least July 6, 2015, to apply for naturalization, when the 5-year statutory period immediately preceding the application will date back to July 6, 2010. During the 5-year period of July 6, 2010 to July 6, 2015, assuming the applicant did not make any additional trips outside the United States that would cause USCIS to presume a break in continuity of residence, the applicant was only absent from the United States between July 6, 2010 and January 2, 2011, a period that is not more than 6 months. Therefore, no presumption of a break in continuous residence applies.”

Watch the Video on this FAQ:

Citizenship/naturalization trips of more than six months abroad

Video Transcript:

 I do not think the previous trip should be a major issue, but I do recommend you discuss with your lawyer about your visits abroad prior to 2013. FAQ in detail...

Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

Watch the Video on this FAQ:

Citizenship for employees of consulting companies

who have projects in different cities after green card

Video Transcript

First of all, remember the laws has changed since 2017. Now supplement J has become an issue. Previously, when you did a AC21 shift of jobs, there were no filings required. So in older cases even if you don't join the employer, chances are that you are in a pretty good shape. Another thing that I always consider to be important and it often doesn't come up is your state of mind. Green card is based upon an intention of an employee to join an employer on a permanent full time basis either before or after the approval of the green card. I do want you to take a consultation and I want you to spend some time with a lawyer to go over your situation and make sure there's nothing else that's going to be bothersome. More...

Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

Watch the Video on this FAQ - Effect on green card and naturalization of using public or government benefits

Video Transcript:

Under the current regulations the prohibited benefits are: 

1. they have to be means-tested benefits which means they are based upon how much money you make. 

2. either they must be used to supplement your income like receiving some kind of a cash or cash equivalent or they should be giving you a long term medical facility residence. You can look up for the particular policy at the USCIS website.

You should have a lawyer research this issue for you specifically, but there is no need for you to hold back your naturalization. More...

Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

Watch the Video on this FAQ: How to add forgotten information on to a naturalization application/N-400?

Video Transcript

The first thing you should do is contact the customer service. Let them know you got this issue and make a note of the date and time you called and to whom you spoke so that you have a record that you tried to correct the situation as soon you discovered the omission. The second thing you do is put it in writing, send it to the government, whichever address you filed the N-400 or whichever address you received the last response from the government and inform them what the issue is and the third thing you do is when you go for the interview bring it up yourself, let the officer know that there is some information missing and you would like that to be corrected. If you do all of these things I think you should be fine. More...

Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

The law says:

1. Generally, you must have been physically present and residing in the United States for an uninterrupted period, without any absences, for at least one year after your admission as a lawful permanent resident before you can file Form N-470.

2. You do not have to be in the United States to file Form N-470, but you must file it before you have been absent from the United States for a continuous period of one year.

Religious Workers Exception to the One Year Absence Requirement

Religious workers may apply:

1. Before departing from the United States;

2. After departing from the United States; or

3. After returning to the United States.

Religious workers are not required to have lived in the United States for a specific period of time prior to filing Form N-470.

Watch the Video on this FAQ: Effect of a speeding ticket on green card or naturalization/citizenship

Video Transcript

If you have a traffic violation which is not a crime such as speeding, but not reckless driving, speeding but not driving while intoxicated these traffic offenses are no issue for a green card. But if you get too many of them like if you get ten speeding tickets in a couple of years that can become an issue for your naturalization because the government says you are irresponsible as it is a question of your good moral character which is a requirement for naturalization. Hence, generally speaking, a single ticket is no problem. More...

Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

Watch the Video on this FAQ: Denial of naturalization/citizenship applications - the new trend

Video Transcript

Under the Trump administration, I am noticing there has been a much higher incidence of naturalization applications getting denied for some. Some of them are very odd reasons. I will discuss three cases so that you folks can share and be mindful before you file naturalization application. 

One was an employee who had been a green card holder for six or seven years and applied for naturalization and government denied his naturalization saying that when we approved your I-485 we should not have approved it because you were working in a place where you were not authorized to work without getting a proper amendment back in 1998. So, they have gone back so many years to say that because of that your green card was approved in error. According to them, It should not have been approved and they were not going to give naturalization. The interesting thing is that I had told them that I had represented the company that was being hauled up for fraud only to the extent that I wanted to negotiate upon the employer’s request with the US attorney's office so that the employees don't get hurt because none of the employees was implicated in any of the allegedly fraudulent dealings. But I was not able to convince the USCIS. We could get the US Attorney's office on our side and make them see that these employees do not need to suffer. So, the result is several years later somebody’s notice is being denied.  The problem being if USCIS can deny naturalization by stating there was an error in the green card application they can also go after the green card. That could be the next logical step and that's what worries me and that's highly unfair. Of course, we are going to take up the case and fight it for these folks. 

The second case being the employer signed a Form 9089. According to the government that was fraudulent because they failed to disclose the relationship of the employee with the CEO of the employer.  The lawyer had told them that this is a far-removed relationship it’s not immediate family so you can say “no” to the Form 9089 question where it says, “are you related to the employee under the green card process” and they said “no” and their notice is being denied because government says you lied on that form. Again, we would be able to fight this case.

The third case is order. People have lived here for 15 to 17 years. Everybody in the family is a citizen, the lady of the house who is not a citizen yet applied for naturalization but in the meantime, husband got a great temporary job offer outside the United States and the government says you are going to lose your green card. They have just moved recently and I don't see how they can do that. I don't see how it is questionable, and it is outrageous, but we must be prepared for the new paradigm of immigration law. 

So, when you go for naturalization I strongly advise you to please discuss your background with a competent counsel. More...

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Watch the Video on this FAQ: Traveling after applying for naturalization/citizenship pending

Video Transcript:

1. That's not a problem.

2. Sure.

3. As long as you appear for biometrics or request that biometrics has been scheduled, I don't see any problem. 

4. I don't think that matters either.

5. No, it is not needed, as long as your taxes are paid up I don't see any problem.

6. I don't think three weeks absence is going to cause a problem in the domicile requirement. But if you want to be overly cautious, you can come back and stay extra three weeks before you apply. 

More...

Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

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

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

FAQ Transcript

When you have this length of delay for two years the best thing to do is first approach your congressman’s office. Go to https://www.congress.gov/ enter your zip code and it tells you who your house of representative members are and who your senator is. Contact either one of them. Send a letter to the representative and tell them you live in their area and you are a constituent and you have a pending naturalization application that has been stuck for two years. If they are not able to resolve it get yourself a lawyer and file for a law suit. Normally I don’t recommend a law suit but when naturalization applications have been delayed so long a law suit is a good bet.

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. Citizenship and Immigration Services (USCIS) gives priority to and provides special handling for these types of naturalization applications, an interview, which is a mandatory part of the application process, cannot be scheduled until your background checks have been completed. 

Where can I obtain forms and information about Naturalization Requirements? 

You may obtain the N-400 application form and a copy of A Guide to Naturalization from our website at www.uscis.gov. 

What requirements must I meet for naturalization under section 319 (b) of the INA? 

• You must be a lawful permanent resident at the time of your interview. 

• You must meet the applicable naturalization requirements outlined in sections 3 1 2 and 3 16 of  the INA and Title 8, Code of Federal Regulations (physical presence is not required), 

• You must be married to a U.S. citizen and living together in a valid marital union. 

• Your U.S. citizen spouse must be "regularly stationed abroad" as: 

o A member of the U.S. Armed Forces; 

o An employee or an individual under contract to the U.S. government; 

o An employee of an American institution of research recognized as such by the Attorney General; 

o An employee of an American-owned firm or corporation engaged in the development of foreign trade and commerce for the United States; 

o An employee of a public international organization of which the United States is a member by law or treaty; or 

o A person who performs ministerial or priestly functions for a religious denomination or an interdenominational organization with a valid presence in the United States. 

• You must show evidence that you will depart to join your U.S. citizen spouse within 45 days of your naturalization. 

What does the term "regularly stationed abroad" mean regarding my spouse's employment? 

The term "regularly stationed abroad" means that the overseas employment contract for your spouse clearly shows that your spouse's employment will continue abroad for at least one year after the date that you will be naturalized. When possible, you should file your application prior to your departure overseas. If you are already overseas, you should file your application only if the end date of your spouse's employment contract will allow you to meet the eligibility criterion of having at least one year remaining overseas at the time of naturalization. 

Where can the interview and naturalization take place? 

As an applicant for naturalization under section 319(b), you may be interviewed at any USCIS office of your choice in the United States, including Guam, Puerto Rico, and the U.S. Virgin Islands. If you choose to be interviewed at our office, you will be naturalized the same day as your interview, in most cases. Please note that, if you want to change your name, you cannot be naturalized by our office. You will be required to attend your oath ceremony at a Federal Court. Court ceremonies are held only one day each month and, depending upon when in the month you are interviewed, it may take at least two months to be scheduled for a ceremony. As stated previously, although U.S. Citizenship and Immigration Services (USCIS) gives priority to and provides special handling for these types of naturalization applications, an interview, which is a mandatory part of the application process, cannot be scheduled until your background checks have been completed. 

May I file my naturalization application if I am a conditional resident? What should I do? 

If you are a conditional resident, you may file for naturalization. If you are within the 90 days of the two-year anniversary (the expiration date on your green card) or if your naturalization application will not be processed prior to your two-year anniversary, you must filed a Form 1-751, Petition to Remove Conditions on Residence, according to the instructions on the form. If you have already filed your 1-751 Petition, please notify our office so that the Form 1-751 may be considered and adjudicated at the time of your naturalization interview. 

What documents should I submit with the Form N-400, Application for Naturalization? 

• A cover letter directed to USCIS advising that you are applying for naturalization under section 319(b) of the INA. You must state on your cover letter where you wish to be interviewed. 

• Application fee. Please visit our website at www.uscis.gov for a listing of the current fee. 

• Fingerprint fee OR two(s) sets of FD-258 fingerprint cards. 

o If you are living overseas at the time of filing your application, you must go to a U.S. Embassy/Consulate or U.S. installation to have your fingerprints taken. You do not 

need to pay a fingerprinting fee to USCIS (you must check with the entity taking your fingerprints to find out if there is an associated fee). 

o If you are living in the United States at the time of filing your application, you must submit a fingerprinting fee so that you can be printed at an Application Support 

Center. Please visit our website at www.uscis.gov for a listing of the current fee. 

• Documentation to establish that your U.S. citizen spouse's employer is a qualifying employer and the length of your spouse's overseas assignment. 

U.S. MILITARY 

• Form DD-1278 issued no earlier than 90 days prior to the scheduled date of overseas travel, if you are authorized concurrent travel. If you cannot submit this form, the letter 

from your spouse's Commanding Officer that is described below must also include permission for you to reside abroad with your spouse after naturalization. 

• A letter from your spouse's Commanding Officer on official letterhead certifying that he or she is your spouse's Commanding Officer and the official date of rotation (DEROS) of your 

spouse from the overseas assignment. 

U.S. GOVERNMENT AGENCY (NON-MILITARY) 

• A letter on official agency/department letterhead that states the facts of your spouse's employment, the basis of your spouse's hire (contract, permanent employee, etc.), and the 

length of your spouse's overseas employment. 

ALL OTHER EMPLOYERS (an American institution of research recognized as such by the Attorney General, an American-owned firm or corporation engaged in the development of 

foreign trade and commerce for the United States, a public international organization of which the United States is a member by law or treaty, or a religious denomination or an 

interdenominational organization with a valid presence in the United States). 

• A letter on official letterhead which states: 

o The title of the official attesting to the facts in the letter; 

o The name of the institution, firm or corporation and whether the official has access to the company's records; 

o The nature of the business that the employer conducts; 

o The name of the State under the laws of which the employer was organized and the date of incorporation, etc.; 

o The ownership structure of the enterprise; and 

o The facts of your spouse's employment, the basis of your spouse's hire (contract, permanent employee, etc.), and the length of your spouse's overseas employment. 

• A copy of your 1-5 51 permanent resident card (green card) 

• Proof of your spouse's U.S. citizenship (copy) 

• Your birth certificate (copy) 

• Your marriage certificate (copy) 

• Proof of termination of all prior marriages for you and your spouse (copies) 

Fore more information please visit this page  http://www.uscis.gov/sites/default/files/USCIS/About%20Us/Find%20A%20US… 

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. Read the instructions on the Form I-131 for reentry permit if they expect to be gone for 6 months or more.

USCIS has said that its policy is to refer an applicant for naturalization who is removable to a prosecutorial discretion panel.  All factual and legal circumstances of the applicant’s case are considered.  Adjudication of the naturalization application is held a decision is made to issue or not to issue the Notice to Appear (NTA).  If the NTA is issued, the naturalization adjudication continues to be held until the removal proceedings have concluded.  Withdrawing an N-400 would remove the case from the panel’s consideration process.

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.

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 understanding the oath requirements.  When an applicant cannot demonstrate the ability to understand the oath (or other questions crucial to making aneligibility determination), the application will be denied as not fulfilling the English requirement. It should be noted that officers are trained to give applicants multiple opportunities to respond to questions when they appear to have difficulty understanding.  They do this by restating the question in multiple ways.

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.

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.

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. It is unable to do so for applicants who live closer to the local office because the room where oath ceremonies are conducted isn’t large enough to accommodate the number of applicants being interviewed per day. Currently, USCIS is having two ceremonies a day (in the morning and again in the afternoon) and is holding additional ceremonies on Fridays and at the National Archives. This has helped but it’s not a perfect solution. USCIS also has to consider the quality review checks that must be done for each case before an applicant can be sworn in. It found that the quality review was too rushed when swearing in applicants the same day, so it continues to explore options for balancing the volume of cases, the desire of customers to be naturalized as soon as possible, and the agency’s internal needs.

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.

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

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

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.

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

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

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.

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.

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.

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.

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.

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

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.

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.

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.

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

Quote: The child is an autistic and her parents have not applied for a US citizenship for her. Can she apply for citizenship? Passing a citizenship exam might be a challenge for her though.

Ans: The law on disability is:

Disability — If you have a physical or developmental disability or a mental impairment so severe that it prevents you from acquiring or demonstrating the required knowledge of English and civics, you may be eligible for an exception to these requirements. To request an exception, you must file a “Medical Certification for Disability Exceptions” (Form N-648). If you believe you qualify, contact a licensed medical or osteopathic doctor or licensed clinical psychologist who will need to complete and sign your Form N-648. To apply for a disability exception, your disability:
• Must be at least 1 year old (or be expected to last 1 year); and
• Must not have been caused by illegal drug use.
If you qualify for this exception, an interpreter, who is proficient in English and the language of your choice, must accompany you to the interview

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).

1. Traffic violations that are not considered crimes under state law have no implications and create no problems for your green card.
2. If you have only one conviction ever and it is a misdemeanor, you are AUTOMATICALLY protected by law and forgiven under a provision of law called "petty offense exception."
3. If you have a conviction for a felony we have to look at the law very carefully, but not all felonies are necessarily a problem fro your green card

For naturalization, even too many traffic tickets can become an issue, if CIS wants to make it so. Generally speaking they look at only the last five years from your application for you history, but there is no law prohibiting them from going back further in time.

Any kind of crimes could become a problem for naturalization and you must get yourself a lawyer if you have a criminal history of any kind.

Both traffic tickets and crimes go to the issue of "good moral character," a prerequisite to naturalization. 

 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.

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.

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.
Ans. As far as I know, the two most important things are not to abandon your permanent residence in USA and to make sure you do go for the oath ceremony. You may want to approach your Congressman's office for an expedited resolution so you have taken the oath before you leave.