As part of meeting the good moral character requirement, USCIS will obtain your biometrics and run a criminal background check for crimes committed in the U.S. as well as other countries.

Some crimes make an applicant temporarily ineligible for U.S. citizenship. In most of those cases, you can wait a required number of years – typically five years or three years for applicants married to and living with a U.S. citizen. While you may be eligible, the USCIS officer still has the discretion to make a decision if you meet the good moral character requirement.

However, if you have been convicted of a more serious crime, such as murder or aggravated felony, you will most likely be permanently denied U.S. citizenship. For more information on permanent bars to the good moral character requirement, visit Volume 12, Chapter 4 of the USCIS Policy Manual.

Even if you have some instances of misconduct in your past, we can help you show that you have reformed, and you may still be eligible for an immigration benefit such as cancellation of removal or withholding of removal.

Pitfall #2: Failed the English and/or Civics Test

If you fail the English and/or civics test in your initial interview, USCIS will schedule you to come back for another interview within 60-90 days of your first interview. USCIS will only retest you on the part of the test that you failed. However, USCIS will deny your Form N-400 if you fail the tests a second time.

For those without strong English skills, it is important to take time to study and be prepared.

Pitfall #3: Failure to Meet Continuous Residence and Physical Presence Requirements

Continuous residence means that the applicant has maintained residence within the United States for a specified period of time, generally 30 months before applying.

If you travel outside of the United States for periods longer than 6 months, your continuous residence will likely be disrupted. You will have to wait and restart your period of continuous presence before applying for U.S. citizenship.

Pitfall #4: Failure to Meet Financial Obligations

While debt is not a bar to naturalization, there are some financial issues that affect the moral character requirement and could interfere with your ability to naturalize as a U.S. citizen.

• Failure to pay taxes is a very common reason to have Form N-400 denied, especially if you let the USCIS find the problem.
• Willful failure to support dependents is another common issue. An applicant that fails to make timely child support payments could have the Form N-400 denied.

Tsang and Associates can help you develop a plan to pay the taxes or child support to demonstrate to USCIS that you’re fixing the problem.

Pitfall #5: Fraud and Lying to USCIS

Be honest with your answers to the USCIS. If USCIS believes that your answer to a question is deceptive or untrue, your Application for Naturalization will be delayed and could be denied. Even if the error was innocent, be sure that your application for naturalization is true and accurate when filed.

If you feel that an honest answer may create a problem with naturalization, you should speak with an attorney at Tsang and Associates before filing Form N-400. We will instruct you on how to navigate the possible problem.

Pitfall #6: Officer Believes Your Green Card is Unmerited

An application for U.S. citizenship gives the U.S. immigration authorities another chance to review your entire file. Occasionally, USCIS encounters instances where the applicant really shouldn’t have been given a green card.

For example, let’s say an applicant immigrated as the unmarried child of a U.S. citizen – but was in fact married when he or she immigrated. This applicant may, on the N-400 application, unthinkingly put down his or her actual marriage date. If USCIS notices that this date was before the applicant’s receipt of the green card, it may ask further questions, and ultimately place the applicant in removal proceedings. Once stripped of the green card, the applicant will have no more right to U.S. citizenship.

Spouses of U.S. Citizens assigned abroad:

Besides a shorter residence requirement (3 years instead of 5), spouses of citizens who are assigned abroad by their U.S. employers can be exempted completely from the continuous residence and physical presence requirements, thereby permitting them to be naturalized prior to accompanying their citizen spouses abroad on their assignments. The citizen spouse must be working for one of the same employers that can qualify their alien employees for extended absence naturalization benefits. Applicants must meet the following requirements:

1. Be married to a U.S. citizen and live together in a valid marital union
2. Be a lawful permanent resident (green card holder)
3. Have been living in marital union with the U.S. citizen spouse, who has been a U.S. citizen during all of such period
4. Be physically present in the U.S. at the time of naturalization
5. Applicant’s U.S. citizen spouse must have at least 1 year remaining on his/her overseas duty at the time of naturalization
6. Will depart abroad immediately after naturalization and intend to reside in the United States immediately upon the termination of the citizen spouse’s employment abroad
7. Comply with all applicable naturalization requirements.

United States citizen spouse will be considered as regularly stationed abroad in any of the following kinds of employment:

1. As a member of the United States Armed Forces
2. As an employee of the United States Government
3. As an employee of an American institution of research recognized by USCIS or by a public international organization of which the United States is a member by treaty or law
4. As an employee of an American company engaged in the development of United States foreign trade and commerce, or its subsidiary
5. Performing ministerial or priestly functions by a religious denomination with a bona fide organization in the United States
6. Employed as a missionary by a religious or interdenominational mission organization with a bona fide organization in the United States

Foreign-Born Children of U.S. Citizen:

Foreign-born children of U.S. citizens must meet one the following requirements to be exempt from the N-400:

1. Born in a foreign country to 2 married U.S. citizen parents
   • At least one parent has resided in the U.S. prior to their birth
2. Born in a foreign country to a married citizen and foreign parent
   • U.S. citizen parent has been physically present in the U.S. for 5 years, at least two of which were after the age of 14
3. Born in a foreign country out of wedlock to a U.S. citizen mother
   • The mother had previously been physically present in the U.S. or one of its outlying territories for a continuous period of 1 year
4. Born in a foreign country out of wedlock to a U.S. citizen father

The father was a U.S. national at the time of the child’s birth; the father (unless deceased) had agreed in writing to provide financial support for the child until he/she reaches the age of 18 years; the father was physically present in the U.S. for 5 years, at least two of which were after the age of 14

Yes. USCIS publishes a complete list of the 100 civics questions and answers for the naturalization test that USCIS may ask applicants during the naturalization interview. These questions are available in English, Arabic, Chinese, Korean, Spanish, Tagalog, and Vietnamese. During the naturalization test, a USCIS officer will ask an applicant any 10 of these 100 civics test questions. The USCIS officer will ask the applicant only the civics questions on this list.

USCIS provides free educational resources to help applicants prepare for the naturalization test. The Citizenship Resource Center provides study materials to help applicants prepare for the English and civics tests and videos to help potential applicants understand what to expect during the naturalization application process and naturalization interview. In addition, the site contains interactive practice exercises and naturalization self-tests that applicants can use to measure their level of preparedness. Many of these citizenship resources are also available in other languages.

In addition, the Find Help in Your Community page allows individuals to search for low-cost or free citizenship classes throughout the United States.

No. In addition to preparing for the reading, writing, and civics portion of the naturalization test, you will need to prepare for the speaking portion of the naturalization test and meet all other naturalization requirements. The speaking test occurs during the eligibility review. USCIS offers interactive practice tests to help you prepare.

During your naturalization interview, a USCIS officer will review the responses you provided on your Form N-400, Application for Naturalization with you. The USCIS officer will ask questions to clarify or confirm your responses. Prepare yourself for the English speaking test by making sure you understand each question on the application and can respond to each question according to your situation.

You have demonstrated an ability to speak English if you generally understand and can respond accurately to the USCIS officer. Applicants may ask the USCIS officer to repeat or rephrase questions during the naturalization interview. For additional information on how USCIS officers assess English language abilities, please see the Scoring Guidelines for the U.S. Naturalization Test (PDF, 343 KB).

Certain applicants, because of age and time as a lawful permanent resident, are exempt from the English requirements for naturalization and may take the civics test in the language of their choice. For more information, see exceptions and accommodations.

To qualify for citizenship, generally applicants must demonstrate they have continuously resided in the United States for at least 5 years before submitting Form N-400, Application for Naturalization. This means you must be residing exclusively in the United States – not in any other country.

You may travel to another country, including your home country, provided no other legal impediment precludes you from doing so. However, if a trip lasts longer than 180 days, USCIS may determine that you have not continuously resided in the United States and therefore are ineligible for naturalization.

In addition to examining the length of your trip abroad, USCIS will look at the frequency of your travel. To qualify for naturalization, an applicant must spend at least half of their time in the United States. This is known as the “physical presence” requirement. If you take frequent, short trips abroad that result in you spending more than half your time outside the United States, then you will also be ineligible for naturalization.

The requirements of “continuous residence” and “physical presence” are interrelated but are different requirements. A naturalization applicant must satisfy each requirement to be eligible for naturalization.