NATURALIZATION APPLICATION
(N-400)
U.S. CITIZENSHIP THROUGH NATURALIZATION
A person may derive or acquire U.S. citizenship at birth. Individuals born within the United States and subject to its jurisdiction automatically gain citizenship at birth. Additionally, those born in certain U.S. territories may also acquire citizenship at birth.
Additionally, individuals born outside the United States may acquire U.S. citizenship at birth if one or both of their parents were U.S. citizens at the time of their birth.
Persons who are not U.S. citizens at birth may become U.S. citizens through naturalization. Naturalization is the conferring of U.S. citizenship after birth. Individuals who are not citizens at birth may apply for naturalization to become U.S. citizens, which involves submitting a naturalization application and meeting specific eligibility requirements.
Before an individual applies for naturalization, he or she must meet a few requirements. Green card holders (lawful permanent residents) are eligible to apply for naturalization after meeting certain requirements. Depending on the individual’s situation, there are different requirements that may apply.
Certain applicants, such as those in the armed forces or with qualifying military service, may qualify for expedited naturalization or exemptions from some requirements. Applicants of a certain age or with disabilities may be exempt from the English or civics test.
To begin the process, applicants must submit Form N-400 and can file online by creating a USCIS online account, or submit the form by mail. It is important to carefully follow the official instructions to complete the application accurately. Applicants must provide evidence of eligibility, including submitting required documents such as a birth certificate, marriage certificate, and any other supporting materials. Any documents in a foreign language must be accompanied by a full English translation, and the translator must sign a certification attesting that the translation is complete and accurate. All required documents and translations must be complete and properly certified to avoid delays.
General Requirements:
- Be at least 18 years old at the time of filing Application for Naturalization.
- Be a permanent resident (have a Green Card) for at least 5 years (3 years for those married to U.S. citizens).
- Show that you have lived for at least 3 months in the state or USCIS district where you apply, immediately prior to the date of filing the application.
- Maintain continuous residence in the United States for a minimum of 5 years (or 3 years if married to a U.S. citizen) immediately before filing Form N-400.
- Show that you have been physically present in the United States for at least 30 months out of the 5 years (at least 18 months out of the 3 years for those married to U.S. citizens) immediately preceding the date of filing Form N-400.
- Be able to read, write, and speak basic English.
- Have a basic understanding of U.S. history and government (civics).
- Be a person of good moral character.
- Demonstrate an attachment to the principles and ideals of the U.S. Constitution.
Advantages of Becoming a Naturalized U.S. Citizen
Deciding to become a U.S. citizen is one of the most important decisions an immigrant can make. Naturalized U.S. citizens share equally in the rights and privileges of U.S. citizenship. After naturalization, citizens gain access to various rights, privileges, and government benefits that are not available to noncitizens. U.S. citizenship offers immigrants the ability to: Vote in federal elections; Travel with a U.S. passport; Run for elective office where citizenship is required; Participate on a jury; Become eligible for federal and certain law enforcement jobs; Obtain certain state and federal benefits not available to noncitizens; Obtain citizenship for minor children born abroad; and Expand and expedite their ability to bring family members to the United States.
Preservation of Residence for Naturalization Purposes
Certain naturalization applicants may seek to preserve their residence during an absence of one year or longer if they are engaged in qualifying employment abroad. To do so, these applicants must submit an Application to Preserve Residence for Naturalization Purposes (Form N-470).
Criteria for Preserving Residence
- The applicant must have been physically present in the United States as a Lawful Permanent Resident (LPR or Green Card holder) for an uninterrupted period of at least one year prior to working abroad.
- The application may be filed either before or after the applicant’s employment begins, but before the applicant has been abroad for a continuous period of one year.
In addition, the applicant must have been:
- Employed with or under contract with the U.S. government or an American institution of research;
- Employed by an American firm or corporation engaged in the development of U.S. foreign trade and commerce, or a subsidiary of such a firm in which more than 50 percent of the stock is owned by an American company; or
- Employed by a public international organization of which the United States is a member through a treaty or statute, provided the applicant was not employed by the organization until after becoming a lawful permanent resident (LPR).
Important Considerations for Preserving Residence
The applicant’s spouse and dependent unmarried sons and daughters are also entitled to these benefits while residing abroad as dependent members of the principal applicant’s household. The approval notice for the application includes both the applicant and any dependent family members granted the benefit.
However, approval of an application to preserve residence does not exempt the applicant or family members from any required physical presence periods, except when employed by or under contract with the U.S. government.
Additionally, approval does not guarantee that the applicant or family members will not be found to have abandoned their lawful permanent resident (LPR or Green Card) status upon returning to the United States. USCIS may determine that an applicant who claimed special tax exemptions as a nonresident alien has abandoned their LPR status. The applicant can counter this presumption by providing acceptable evidence that they did not abandon their LPR status.
Furthermore, approval of residence preservation does not relieve the LPR or Green Card holder from the need to have proper travel documents when returning to the United States. Typically, a Green Card is acceptable as a travel document only if the absence is less than one year. For absences longer than one year, the LPR or Green Card holder should apply for a reentry permit and must be physically present in the United States when applying for it.
Biometrics Appointment
After you submit your Application for Naturalization (Form N-400) and pay the required filing fee, the next step in the naturalization process is attending a biometrics appointment. This appointment is a critical part of your journey to United States citizenship, as it allows the U.S. Citizenship and Immigration Services (USCIS) to collect your fingerprints, photograph, and signature for a thorough background check.
You will receive an appointment notice with the date, time, and location of your biometrics appointment, typically held at a local USCIS Application Support Center (ASC). It is essential to bring your appointment notice and a valid government-issued photo ID, such as your green card or passport, to the USCIS office on the scheduled date. The process is usually quick and straightforward, but it is a mandatory step to verify your identity and ensure you meet the eligibility requirements for naturalization.
The information collected during your biometrics appointment is used to conduct a comprehensive background check, which helps USCIS confirm your eligibility for U.S. citizenship. Missing your scheduled appointment can delay your application, so if you are unable to attend, you must promptly notify USCIS and request a new date. You can track the status of your biometrics appointment and your overall application for naturalization through your USCIS online account.
Once your biometrics are processed, you will be scheduled for a citizenship interview, where you will take the citizenship test, including the civics test and English language test. It is important to prepare for the citizenship interview by reviewing the study materials provided by USCIS and practicing your English skills, as you will be asked questions about your application, background, and knowledge of U.S. history and government.
If you successfully pass the citizenship test and meet all other naturalization requirements, you will be invited to take the Oath of Allegiance at a naturalization ceremony, officially becoming a United States citizen. As a naturalized citizen, you will gain the rights and privileges of U.S. citizenship, such as voting, applying for a U.S. passport, and sponsoring family members for immigration. For some applicants, dual citizenship may be possible, but it is important to understand the relevant laws before applying.
The naturalization process can seem complex, but by staying informed, keeping track of your status through your online account, and preparing thoroughly for each step, you can successfully achieve your goal of becoming a U.S. citizen.
USCIS Review of Denied Naturalization Applications (Form N-400)
Naturalization applicants have the right to request a USCIS hearing if their Form N-400 application is denied. This request must be made within 30 days of receiving the denial notice, or within 33 days if the notice was mailed by USCIS.
The hearing is conducted by an officer other than the officer who conducted the original examination or the officer who denied the application.
The officer conducts a de novo review of the naturalization application, which means performing a completely new and thorough examination of the case. Alternatively, the officer may opt for a less formal review process. This de novo review involves reassessing all aspects of the naturalization application from the beginning.
An officer conducting the hearing has the authority and discretion to thoroughly review all aspects of the naturalization application and re-examine the applicant. This includes reviewing any records, files, or reports generated during the initial examination, accepting new evidence and testimony relevant to the applicant’s eligibility, and either upholding the previous denial or modifying the decision partially or entirely.
If a hearing request is submitted more than 30 days after the denial notice (33 days if mailed by USCIS), it is considered untimely. However, if the late request meets the criteria for a motion to reopen or a motion to reconsider, USCIS will treat it as such and decide on the merits of the case. Otherwise, the request will be rejected without a refund of the filing fee.
Judicial Review of Denied Naturalization Applications (Form N-400)
A naturalization applicant has the right to seek judicial review in a United States District Court if their naturalization application is denied after a USCIS hearing. The applicant must file this request in the District Court that has jurisdiction over their place of residence. The court will conduct a de novo review, independently examining all facts and legal issues to reach its own decision.
Frequently Asked Questions
What is employment-based immigration?
Employment-based immigration is a branch of immigration that allows foreign nationals to work and obtain permanent residency in the U.S. through qualifying jobs or job offers. Categories include EB-1, EB-2, and EB-3 for professionals and skilled workers. HSD Immigration Lawyer ensures accurate, compliant filings and supports both employers and employees throughout each stage of the process.
What is family-based immigration?
Family-based immigration enables U.S. citizens and permanent residents to sponsor eligible relatives, such as spouses, children, parents, or siblings, for green cards. There are several methods, each with its own eligibility requirements and documentation needs.
Do I need a job offer for an employment-based green card?
Most employment-based green card categories require a U.S. job offer. However, certain categories, like EB-1A for extraordinary ability or EB-2 National Interest Waiver, allow self-petitioning. HSD Immigration Lawyer can assess your eligibility and help determine the best option for your situation.
How long does the employment-based green card process take?
The employment-based green card process varies: some cases take several months, while many others require multiple years. The specific timing depends on visa category and country of origin, as well as the unique details involved in each case.
What is PERM labor certification?
PERM labor certification is required for many employment-based applications. It involves the employer demonstrating that there are no or insufficient qualified U.S. workers available for the offered position and that hiring a foreign employee will not adversely impact the wages and working conditions of U.S. employees. Receiving this certification allows an employer to hire a foreign employee for a permanent role.
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What Our Clients Say
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Highly Recommended
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Indre
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Kurt
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Koray
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Thomas
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Jaimon
I hired Mr Singh through my Employer to help me regarding my I-485 process. He guided me and my wife through the process and was very comforting. He knew what he was doing and answered every possible question that we had. Just his presence in the interview room made me 100 times more confident...
anonymous
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Faris
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Ruslan
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SolS
I contacted Attorney Rabindra Singh regarding my H1b transfer to my new company after layoff by my old employer. He spent time listening to the complete case, and helped me understand the legal timelines when it comes to layoffs. He is very communicative. I was able to get clarifications with a text at any...
anonymous
I contacted Rabindra for my H-1B initial approval, amendment and conversion from L1-A. He helped me in all possible ways and assisted to collect right set of documents needed for my visa to get approved. He is very communicative, he responded timely for any questions or doubts I had on my case. He is...
Vikash
Professional and Simply the BEST! I approached him for conversion to green card from the student visa. He is very knowledgeable, professional and detail oriented. Filed all the paper work in such short frame of time. Always available to answer any questions that come up in the mind. I wish him all the best...
Karan
Senior Technical Recruiter Rabi, Is a very good immigration attorney. he was always available to give his support both for the suggestions and the documentations. He is very patient with utmost professionalism and dedication when driving with my petition. I always recommend him for any kind of immigration advice.
Rajani
Mr. Success. My employer has given me an option to choose my own attorney, so I was looking for very good attorney for my Green card process in EB1. I have found Rabi and couple of other attorneys in Avvo. I have approached few attorneys before speaking with Rabi, but the way Rabi responded...
Naga
Rabindra Never Stops Until you WIN! Rabindra was my beacon of hope at a time when my options appeared limited and the likelihood of a satisfactory resolution seemed nigh on impossible. Not going into many details, but he is concise, articulate, and delivers results beyond the attorney-client relationship. Rabindra is also a calm and...
Aditya
Rabi is very knowledgeable attorney. He has done fine quality of work for my GC. He has given the support till we got the GC in our hands. He is always reachable to us at any time of the day.
I would like to mention a peculiar case here. One of my friends...
Ashok
Rabindra helps you make your dream come true! Without Rabindra’s knowledgeable and professional consultation and guidance, honestly we were not 100% sure if we could get our green cards in a timely manner!
During the past 6 years, Rabindra helped us file various petitions from H-1B, H-4, H-1B extension, to Green card. He...
Thomas
HSD provided great professional services for our immigration needs.. highly recommend them!
Subrat
I have utilized the professional services of Mr. Singh on various types of matters, including employment-based and immigration compliance. He has always provided prompt and thoughtful solutions to unique issues/scenarios. I personally found his legal advice to be very resourceful when dealing with a DOL’s Wage and Hour Division (WHD) Audit. I highly recommend...
Antara Goyal
One of the best I have worked with him in very complicated case, he is very smart, gives a clever ideas and solutions for each step, checking your file carefully, gives each word high concentrate and put it in the right place. I was very happy working with you Mr.Rabindra
Jaradat
My husband and i sought professional services of Rabindra Singh in filing EB-2 to EB-3 downgrade petition in October 2020. Even during such a busy time, he was fully responsive via emails and phone calls and helped us timely file our downgrade EB-3 petition and AOS application. We are fortunate to have him as...
RVerma
Rabindra is an excellent immigration lawyer. His advice has been spot on and he gives very confident responses. I spoke to a few other lawyers who were unsure how to handle my case. He charges most reasonable fees compared to other lawyers. I would strongly recommend him and you can feel you are in...
MOHAL
If you are looking for a great immigration lawyer – please, look no further! Rabi is truly amazing. Not only he is extremely knowledgeable and experienced in the immigration field – he is super attentive and dedicated and will treat your case as his own. He is always available via email or phone, answers...
Manisha
Very professional service and explained all the processes clearly. I would highly recommend.
anonymous
My husband and I approached HSD immigration with our immigration needs and were very fortunate to have found Mr Rabindra Singh to be our immigration attorney. He patiently listened to our needs and guided us with an utmost care to complete all the required steps related to our employment as well as family dependent...
Mary
I worked with Rabindra to file our adjustment of status for an approved NIW case. He was so accurate when filling out the forms and collecting documents and it is why our case got approved without any RFE. His price was so reasonable for the work done comparing to the others. Thank you Rabindra!
anonymous
Effective and Efficient Service! Through check of the documents, prompt response and available for discussion.
Vijaya
Rabi is the most efficient immigration attorney and an amazing professional, he took up my case of H1B and was very precise as the deadlines were very tight for me. He was always prompt in speaking with me and most of all gave me the confidence that the petition shall be approved which gave...
Pranav
If I can give more than 5 stars I would. We approached Rabi on a super short notice to get some last minute applications filed with the USCIS. He made the whole process such a breeze for us, and was prompt with all the responses and paperwork. I don’t think we could have made...
Shivani
ABSOLUTELY THE BEST. I’d give him 500 stars if I could. This is a long post but I think it’s critical to explain why the 500 stars. Background: My H1 was expiring in Nov 2022 and my wife’s in Sept 2022. I also received my I-140 in EB-2 category Aug 2021. My company filed...
Abhi
I been working with Rabindra through last few years on various immigration stages and h1-b processes. He was amazing, responding to my emails same day ALWAYS.I want to take this moment to give an excellent rating. I am very satisfied with your work. thanks!!
Venkat
Mr. Rabindra is a very nice person to work with and always provides the right solution at the right time. Recently, I was facing a stressful situation with the immigration regarding my H4 extension and he suggested an idea which was a game changer. His idea helped me get back my visa and continue...
AISHWARYA
An amazing lawyer he is, really dedicated to his work. I had only few days left to renew my H-1B visa and he helped me renew it so quickly. He is super understanding and helpful seriously I highly recommend him! So thankful to have the opportunity to have such a wonderful lawyer.
Biji
I retained Mr. Singh to assist me in obtaining a Green Card. Mr. Singh’s knowledge and attention to detail helped us get thru the paper process without any problems. I was able to have everything completed in 10 months. Mr. Singh was very accessible and responded quickly to all my inquiries. I would highly...
George
I had met him on a couple of occasions as I needed some advice. He was kind and patient. He was attentive to what I had to say and gave me very good directions. I would definitely recommend him.
anonymous
I worked with Rabindra for preparing my RFE response. Throughout the process he has been really professional and detail oriented. He is super helpful, accessible and responded quickly to all my questions . His understanding about the subject matter was extremely thorough and professional. It was really a nice experience working with him. He...
Simran
Attorney Rabindra Singh is very knowledgeable and extremely reliable. He is very professional, focused, and detail-oriented. His work is top-notch. He is a combination of generosity and proficiency. I am so grateful to have found him. I was searching for an attorney to help me in filing a U visa petition. I come to...
Sreedevi
He is an outstanding, friendly, caring, listens, truthful, honest, responsive immigration attorney.I had met him on a couple of occasions as I needed some advice. He was kind and patient. He was attentive to what I had to say and gave me very good directions. Mr Rabi Singh is an excellent immigration attorney. He...
anonymous
We had a great experience with Mr Rabindra Singh. He was very patient and answered all of our questions and in the end helped us get the result we wanted. In my case we had to file for Nunc pro for H4. He gave the confident and prepared the petition. It got appoved. So...
Soorya
I had met him on a couple of occasions as I needed some advice. He was kind and patient. He was attentive to what I had to say and gave me very good directions. I would definitely recommend him.
Kalpana
We had a great experience with Rabindra. He was very patient and answered all of our questions and in the end helped us get the result we wanted. I would highly recommend working with him.
anonymous
I am an Australian Citizen. I hired Rabi Singh for extending my E-3 status in the United States. He was super helpful and guided me so well throughout the process. I highly recommend his and HSD immigration services.
anonymous
Would highly recommend Rabindra & his team. We got our H4 EAD quickly. We were expecting delay due to covid times but were happily surprised. Rabindra was pretty thorough and responsive during the whole process. We are also working on our green card application EB2 with him. Hoping it’ll be approved soon too.
anonymous
I worked with Rabindra to file our adjustment of status for an approved NIW case. He was so accurate when filling out the forms and collecting documents and it is why our case got approved without any REF. His price was so reasonable for the work done comparing to the others. Thank you Rabindra!
anonymous
Rabindra Singh (HSD immigration) and his team assisted very professionally, patiently with the National Visa Center (NVC) processing and Employment-Based Immigrant Visa processing at the U.S. Consulate in Mumbai, India. For sure, I will refer my friends and family who need any immigration assistance since Rabi and his team gave exceptional service to me....
Ravinder n