Naturalization for LPR Spouse married to USC Spouse for 3 years (N-400)

To obtain naturalization, an applicant must file immigration form N-400, together with supporting documentation, including photographs, and evidence of lawful permanent residence, with the immigration regional service center office having jurisdiction over the place of the applicant's residence in the United States.  The appropriate filing fee must accompany the application, together with a separate fingerprinting fee.  As stated previously, the application may be filed up to three months before the applicant meets the residency requirements.

The application is then processed by the regional service center.  The applicant will be scheduled to have fingerprints taken at an immigration fingerprinting center known as an application support center (ASC).  The fingerprints are then forwarded to the FBI for background checks, while USCIS requests the original alien file of the applicant.  When the fingerprint checks have cleared and the original file is located, the applicant is scheduled for an interview at the immigration office located closest to his or her place of residence in the United States.  The processing time can take anywhere from three months to one year or more depending on the caseload of the individual immigration office.  (A list of current processing times, for all USCIS offices, is listed on our web site).

At the naturalization interview, an immigration examiner will review the application with the applicant for completeness and correctness, and will test the applicant on his or her knowledge of US government and history, as well as their ability to speak, read, and write the English language.  The examiner will also determine whether the applicant meets all of the requirements for physical presence and good moral character, and if they are otherwise eligible to be naturalized.  An applicant who fails the exam may request to be re-tested within 120 days of the first interview.

If the applicant passes the examination, and is otherwise qualified, the application will be approved and the applicant will be scheduled for his or her swearing-in ceremony.  If the examiner is unable to make a decision on the application during the initial interview, the applicant will be scheduled for a follow-up interview, which must be scheduled within 120 days.  If the examiner denies the application, either during the initial or second interview, a written decision will be issued and the applicant will have 30 days in which to file an appeal.  Another immigration examiner within the same office will review the case.  USCIS must make a decision on the appeal within 180 days.  Usually, the applicant will be re-interviewed and given the opportunity to present any other evidence to support his or her case.  If the application is again denied, or if no decision is issued within the 180 days, the applicant may seek review in the federal district court.  USCIS may also deny the applications of those who fail to attend their swearing-in ceremonies. 

Persons who are sworn in as US citizens are immediately eligible to enjoy all of the benefits of citizenship, including the right to apply for a US passport, the right to vote in federal and state elections, the right to petition for family members to join them in the United States, the right to serve on juries, the right to receive federal assistance, and the right to apply for most federal jobs. 

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Procedure

  1. First the beneficiary should complete the Naturalization Eligibility Worksheet in order to determine whether or not they are eligible for naturalization.
  2. If the beneficiary has completed the eligibility worksheet and believe s/he is  eligible for naturalization then complete Form N-400, Application for Naturalization.
  3. Include the General Evidence Requirements.
  4. File the Form N-400 and any additional documentation with USCIS. It is important to keep a personal copy of all additional documents you submit.
  5. After filing, USCIS will notify you of the time and place for a required biometrics appointment.
  6. Attend the biometrics appointment and then wait for USCIS to schedule your Naturalization interview.
  7. USCIS will then notify the beneficiary of the date and location of your interview.
  8. Prepare for the oral exam and interview.
  9. The beneficiary must then attend the interview at the designated USCIS office with all required documents.
  10. Complete the interview and take the English and Civics tests.
  11. At the end of the interview the USCIS interviewer will notify the beneficiary of whether their naturalization application has been approved, denied or continued.
  12. If approved then the beneficiary will receive Form N-445, Notice of Naturalization Oath Ceremony, detailing the time and date of the ceremony.
  13. The beneficiary must then attend the Naturalization Oath Ceremony to take the oath, receive a Certificate of Naturalization and turn in their old green card.

General Evidence Requirements for Form N-400:

  1. Include two identical passport style color photos of yourself taken within 30 days of filing and in compliance with the USCIS standards.
  2. If you are a permanent resident then you should include a copy (front and back) of your permanent resident card. If you no longer have your permanent resident card then substitute it with a copy of another entry document or a copy of the receipt for filing Form I-90, Application to Replace Permanent Resident Card.

Evidence of Criminal Record:

  1. If you have been arrested but not charged then you must include an original statement by the arresting agency or court confirming that no charges were filed.
  2. If you have been charged then you will need to provide an original or court certified copy of the arrest record or a disposition of each charge.
  3. If you have been convicted then you will need to include an original or court certified copy of the sentencing record for each conviction.
  4. If you have been placed in a sentencing or rehab program then you will need to provide an original or court certified copy of your probation or parole record or evidence of completion of the specific program your were in.
  5. You do not need to include any traffic violations unless they include an alcohol or drug charge or the charge was more than $500.
  6. If you have ever had a charge or conviction removed then you will need to provide an original or court certified copy of the court order or an original statement from the court that no record of the arrest or conviction remains.

Exceptions to English Language Requirement:

  1. If you are 55 years old and have maintained a permanent residence for at least 15 years.
  2. If you are 50 years old and have maintained a permanent residence for at least 20 years.
  3. If you have a permanent physical or mental disability affecting your ability to learn.

Exception to Required Residence:
The required residence time is three years but you may file three months prior to meeting the three requirement.

The following categories of applicants are barred for naturalization:

  1. Subversives;
  2. U.S. Armed Forces deserters;
  3. Individuals in deportation proceedings (unless they served honorably in the U.S. Armed Forces for at least 3 years or during a time of war;
  4. Aliens who applied for and received a discharge from service in the U.S. Armed Forces.

Submit your petition and/or application correctly the first time.  Our exclusive iKits save you time, legal fees, eliminate any guesswork, and are prepared by a lawyer listed in the Best Lawyers in America.  For your iKit, click the "Download iKit" button below.


 
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Naturalization based on LPR Spouse married to
US Citizen for 3 years

This iKit is for the Legal Permanent Resident (and any dependent children) who has maintained his/her status by having been married to a US Citizen for three years.
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What's Included?



Our iKits fill the void for individuals who (1) think they are sufficiently knowledgeable to prepare their own applications or petitions; and/or (2) want to avoid the substantial costs that might be associated with having a lawyer prepare the case for them.

Our Immigration iKits are comprehensive all-in-one guides for individuals and businesses seeking US Immigration benefits.  Our iKits provide easy to follow step-by-step instructions on how to submit petitions and applications under US Immigration law and are tailored to specific issues or common situations involving US Visas, Green Cards, US Citizenship, and Deportation.

Our "Naturalization" iKit includes the following:
  1. Our 10 Essential Tips to a Winning Immigration Case
  2. Eligibility Requirements and how to meet them
  3. Explanation of the application process
  4. Definition of key legal terms
  5. Detailed explanation of required documents for a successful case
  6. Translation requirements
  7. Photo requirements
  8. Pertinent Immigration Laws
  9. The most current, and up to date, immigration forms to assure proper filing
  10. True Line-by-Line instructions for all mandatory and optional forms; not a repetition of the USCIS instructions
  11. How to calculate the appropriate filing fees
  12. Sample Cover Letter
  13. List of mandatory documents to include with your petition
  14. Explanation of how to prepare and send your package to USCIS
  15. What to expect after filing
  16. How to handle common situations that may occur after filing
  17. Sample Exhibits (i.e., Cover Letter, Sample Employment Letter, Translation Certificate, etc.)

Why Purchase?


The "Naturalization" iKit is prepared by a lawyer listed in the Best Lawyers in America and contains exclusive hints and tips that have been obtained through more than 35+ years of legal experience, exclusively in the area of Immigration and Nationality law.  This iKit:

  1. Is not a "One Size Fits All" iKit and is tailored for the Legal Permanent Resident spouse who is seeking to become Naturalized.
  2. Includes value-added Attorney insider practice tips and pointers beyond common knowledge/research available to the public
  3. Is continually updated when Immigration Law / Procedure changes
  4. Helps our customers avoid common mistakes
  5. Eliminates any potential misinterpretation of USCIS instructions
  6. Empowers and educates you to confidently take control of your immigration goals

iKit Benefits



There are many benefits in purchasing an iKit, some of which are as follows:
  1. Pay only a small fraction of the fee that you would have paid for full attorney representation
  2. Full control over your Immigration case
  3. No appointment with an attorney
  4. Peace of mind knowing that your case was submitted accurately and efficiently the first time

iKit FAQs



Q1.  Why doesn't Immigration Links have a Call Center to complete the forms for me?
First, everyone's situation is unique and there is no "one size fits all" approach when adjusting status.  Second, the iKit competently equips you to handle your case as if an attorney were to prepare your case.  When you follow the instructions in the iKit there will be no confusion as to how to submit your case. 

Q2.  How many pages are in the Naturalization iKit?
There are forty-two pages in this iKit, fourteen of which are dedicated exclusively for our true "Line-by-Line" instructions, Application Checklist, sample Cover Letters, and sample Translation document.

Q3.  Can you guarantee that I will receive my Legal Permanent Residence ("Green Card")?
There are no guarantees in life, however, if you read and follow the iKit you will obtain the peace of mind knowing that your application was submitted correctly the first time, which gives you the best chance in presenting your case to USCIS.  Additionally, you must meet the requirements for this immediate relative category. 

Q4.  I read / previously purchased the iKit, but may I have an attorney from ImmigrationLinks.com prepare my case?
Yes, but first, ImmigrationLinks.com offers three additional options beyond our proprietary iKits. 

Option 1
The first option is to purchase our "Forms Review" service, which is exclusively offered to our iKits purchasers where an immigration attorney reviews all forms, and mandatory documents that are to be submitted to USCIS, and the cover letter that you have prepared.  This is a flat fee cost.

Option 2
The second option is for you to purchase our "Forms Preparation" service, where an immigration attorney prepares all necessary forms, the cover letter, and the translation letter (if necessary) after you complete and submit our Immigration Questionnaire.  After receiving the Questionnaire, we will schedule a telephone consultation with you to go over any concerns regarding what was submitted.  Additionally, the attorney will direct you as to what documents you need to collect when submitting your case.  This service is also for a flat fee.

Option 3
The third option is for full attorney representation where an attorney will schedule an initial phone consultation and/or meeting in person (when necessary) to handle your case.  During this consultation, the attorney will proved you with the procedure and costs o handle your case.  If you decide to use our services, the cost of the consultation will be deducted from the total fee.


Case FAQ's

Q1. What do I need to know about the oral exam administered by USCIS?
According to immigration policy all individuals applying for naturalization status have to be knowledgeable on the subjects of U.S. history and government. From a list of 100 possible questions the applicant will have to answer 10, and of the 10 he or she must answer at least 6 correctly. However, there are exemptions to this requirement that you should be aware of. If the applicant is physically incapable of taking the test then USCIS will waive the requirement. Also, if the applicant is over the age of 65 and has maintained a permanent resident status in the U.S. for more than 20 years then he or she will be given a much shorter list of possible questions from which their exam will be compiled.

Q2. What exactly does it mean when it says I am required to be attached to the principals of the Constitution in order to qualify?
When the qualifications say that you are to be considered “attached” to the principals of the Constitution it is referring to the fact that your behavior will be analyzed to determine if the overall wellbeing of the United States is something you are favorably disposed to. In this context, you will need to make the affirmation of allegiance to the United States without any mental or emotional reservation. However, an applicant may subscribe to a modified oath of allegiance if he or she has any deeply held moral or religious beliefs that are contrary to a citizen’s duty to protect the Constitution through force or noncombatant support.

Q3. What if I am not able to attend my scheduled interview?
If you are aware ahead of time that you won’t be able to make it is important that you contact the designated office as soon as possible and inquire about rescheduling. Unfortunately rescheduling your interview may make your naturalization into a longer affair and if you miss your appointment without notifying USCIS your case will be “administratively” closed. You will be notified of this status via mail and unless you contact USCIS within a year your case will be denied.

Q4. What if I am not able to attend my oath ceremony?
If for some reason you are unable to attend your oath taking ceremony then you should return the Notice of Naturalization Oath Ceremony letter you received and include a letter stating why you are unable to attend (make a copy of both documents before you send them). If your reasons for not attending are valid then USCIS will send you another Notice of Naturalization to inform you of where you’re your ceremony will be held.

Q5. What are my options if USCIS denies my application?
If you are denied you will receive a denial notice in the mail stating why your case was denied and what you can do to appeal the decision if you feel it was made erroneously. The primary method of appeal is to request a hearing with an immigration officer to determine if the decision was in fact wrong. To do this you must file Form N-336, Request for Hearing on a Decision in Naturalization Proceedings. It is important to note that you have to file this form within 30 days of receiving your denial letter. If the hearing fails to successfully appeal the decision and you still feel like it was erroneous then you may file a petition to have your application reviewed in a U.S. District Court. If all else fails you may also reapply for naturalization. When you receive your initial denial letter it will state when you are eligible to reapply. Unfortunately, if you do reapply you will have to resubmit a new N-400 in addition to the required fees. However, if your case was denied because you did not pass the English or civics exam you will be considered eligible to reapply whenever you like.

Q6. What if during my naturalization process my permanent residence card (green card) expires? Do I still need to renew my residence status?
If you apply for naturalization at least 6 months ahead of your green card expiration date then you will not have to apply for a new card. However, if you apply for naturalization with less than 6 months before your expiration date then you have to renew your green card.

Q7. What exactly are the USCIS translation requirements?
Whenever you provide a foreign language document as evidence you must also include a full English language translation. The translator must certify the translation and provide a certification that their skills are competent.
 
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ImmigrationLinks Qualifications

  1. Foreign National Spouse must have obtained and maintained Lawful Permanent Resident (LPR) status through a marriage to a US Citizen for at least 3 years;
  2. LPR Spouse must be at least 18 years of age;
  3. USC Spouse must have maintained US Citizenship for at least 3 years (military exceptions apply);
  4. Maintain Physical Presence for at least 18 months preceding the date of filing;
  5. Reside at least 3 months preceding the filing date in the USCIS district that has jurisdiction over your address (military exceptions apply);
  6. LPR Spouse must have good moral character during the last 3 years preceding application;
  7. LPR Spouse must be able to speak, read, and write English; and
  8. LPR Spouse must pass an oral exam regarding US History and Government;

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