United States Citizenship and Immigration Services (USCIS) reviews Applications for Naturalization (Form N-400) by conducting investigations to evaluate applicants and determine their eligibility to become a naturalized US citizen.
The examination process can be grueling and comprises of significant testing elements including but not limited to:
- Security and criminal background checks
- Review of the applicant’s immigration record
- In-person interview(s) with oral and written testimony; and
- Testing for English and civics requirements.
USCIS officers are authorized to conduct an extensive investigation of each application. Various factors are considered, such as, the applicant’s ability to establish lawful admission for permanent residence, good moral character, residence and physical presence in the United States, and English and civics requirements for naturalization.
Background and Security Checks
After filing for naturalization, applicants will be notified regarding their biometric appointment at a local Application Support Center (ASC) for fingerprint collection. Fingerprints do not expire, but the validity period of background check and clearance based on an applicant’s fingerprints is 15 months. USCIS has special facilities to collect fingerprints from applicants who are disabled, hospitalized, or homebound. Typically, applicants must submit a copy of the appointment notice and medical documentation verifying the need for an in-home appointment with the local field office to qualify for accommodation.
If an applicant fails to appear for the fingerprinting appointment without a proper reason and without notifying the USCIS, the naturalization application is considered abandoned.
Additional exceptions can apply in certain cases. For example, if an applicant raises a fingerprint waiver due to medical condition. What constitutes a medical exception varies on a case-by-case basis, however birth defects, physical deformities, skin conditions, and psychiatric conditions are usually considered.
Waivers are granted if:
- The officer has met with the applicant in person, or an authorized technician has attempted to fingerprint the applicant and determined that the applicant is unable to be fingerprinted or provide any legible fingerprints.
Waivers should not be granted if:
- The applicant has fewer than 10 fingers, fingerprints are unclassifiable, or the applicant’s condition is temporary, and fingerprints may be collected at a later date.
Following the biometrics appointment, a criminal background check will be completed. USCIS will use their discretion in interpreting background checks. Applicants who do not pass their background check or have submitted documentation that contradicts the information found by USCIS will be rejected.
Naturalization Interview
All naturalization applicants must appear for an in-person examination before a USCIS officer. The interview will occur after filing the N-400 application and will be scheduled by USCIS. Potential questions include but are not limited to:
- Biographical information, such as marital history and military service.
- Length of time the applicant has spent as a lawful permanent resident (LPR) of the United States.
- Time spent outside the United States after becoming an LPR.
- Place(s) of residence and employment history.
- Ability to communicate in English.
- U.S. history and government.
- Moral character and criminal history (if applicable)
- Principles of the U.S. Constitution.
- Willingness to take an Oath of Allegiance to the United States.
1. Education Requirements
The USCIS officer administers the naturalization test to determine whether an applicant meets the English and civics requirements. The naturalization test comprises of two parts:
- English language proficiency, which is determined by the applicant’s ability to read, write, speak and understand English; and
- Knowledge of U.S. history and government, which is determined by a civics test.
If an applicant fails any portion of the naturalization examination, an officer must provide the applicant a second opportunity to pass within 60 to 90 days, unless the applicant is ineligible. If the applicant fails to appear for the re-examination and USCIS does not receive a timely or reasonable request to reschedule, the application will be denied based on the applicant’s failure to meet the educational requirements for naturalization.
2. Authorized Representatives
An applicant may request an attorney or an accredited representative be present for their interview. Applicants should discuss their options with an attorney and see if including an authorized representative is right for them.
3. Interpreters
These applicants who are exempt from the English language requirement but are still required to meet the civics requirement may use an interpreter:
- Age 50 or older at the time of filing for naturalization and has lived as an LPR in the US for at least 20 years; or
- Age 55 or older at the time of filing for naturalization and has lived as an LPR in the US for at least 15 years.
The applicant may take the civics test in their language of choice with the use of an interpreter. USCIS reserves the right to disqualify an interpreter if the officer believes the integrity of the examination is compromised by the interpreter’s participation.
4. Preliminary Review of Application
USCIS will review all available information on the applicant prior to the interview, it is essential applicants make sure they represent themselves honestly in all aspects of the process.
5. Jurisdiction for Application
In general, applicants must file their applications with the state or service district that has jurisdiction over their place of residence. The applicant must have resided in that location for at least three months prior to filing.
If the applicant moves after filing their application, the USCIS officer may transfer their case to the USCIS office that has jurisdiction over the new address. Applicants are responsible for informing USCIS of any address changes. After USCIS processes the change of residence, they will inform the applicant if their office has changed and provide all needed information.
Results of the Naturalization Examination
Within 120 days from the naturalization interview, USCIS issues a decision.
The results can be:
Approval of the application. Next steps will include a reverification process followed by the applicant completing the Oath of Allegiance.
Continuation of Examination. USCIS issues this ruling when they require more evidence to reach a conclusion. Next steps vary on a case-by-case basis. Usually, USCIS will issue a Request for Evidence (RFE) and applicants are expected to respond in the period specified. It is recommended to discuss all RFEs with an attorney.
Denial of the application. If an application is denied, applicants will receive a denial notice detailing USCIS’s reasoning. They may consult an attorney regarding potential next steps.
Conclusion
