Five Important Components of the N-400 Application for Naturalization

The N-400 Application for Naturalization is the USCIS form used by legal permanent residents (i.e., green card holders) who wish to apply for and become U.S. citizens. The form itself has a multitude of questions with each one designed to target the essential components of what makes someone eligible to become a U.S. citizen. In this blog post, we will cover the five most important aspects of the N-400 Application and the general purpose behind each of them.

Holding Legal Permanent Resident Status for Three or Five Years

In order to even initially qualify for naturalization, an applicant must have been a legal permanent resident for at least five years (with eligibility beginning at the 4 year and 9 month mark). However, if the applicant is married to a U.S. citizen and has lived with their U.S. citizen spouse continuously, they can qualify sooner by only being a legal permanent resident for three years (with eligibility beginning at the 2 year and 9 month mark).

This is a threshold requirement that sets the minimum amount of time that someone can be a legal permanent resident before they qualify to apply for naturalization. Once you are over the age of 18 years old and cross this time threshold, you can get your foot in the door towards naturalization.

Maintaining Physical Presence in the United States

The second major component of the naturalization application is Physical Presence. Applicants must be physically present in the U.S. for at least half of the five years (i.e., at least 912.5 days) (or half of three years for those applying as a spouse of a U.S. citizen (i.e., 547.5 days)). As a part of the N-400 application, this is captured by asking questions about your travels outside the United States since becoming a legal permanent resident. Any day spent inside the U.S., even if it was only for part of the day, counts as a full day.

Applicants can simply disclose all trips of 24 hours or greater spent outside the United States and as long as the total time spent outside the U.S. is less than 912.5 days for 5 year applicants or 547.5 days for 3 year applicants, then this requirement will be met. The purpose of the physical presence requirement is such that applicants are expected to spend significant time building a life in the United States. If the ultimate goal is to become a U.S. citizen, then the naturalization applicant is expected to live and work in the United States just like any other citizen.

Maintaining Continuous Residence

The third major component of the N-400 application for naturalization is maintaining continuous residence. Surprisingly, continuous residence has nothing to do with where you live and everything to do with your status as a legal permanent resident. This is often confused with the physical presence requirement as this component is met by using the same information concerning travel outside the United States. The major distinction comes down to the length of a single trip outside the U.S. In particular, if a naturalization applicant spends 6 months or greater outside the U.S. in one single trip, then there is a presumption that the green card holder’s continuous permanent residency status is broken.

Fortunately, in this circumstance, USCIS will allow the applicant to provide evidence that they did not in fact break their residency status. Evidence can be submitted to show that there was a family emergency, extenuating circumstances or anything else to show that there is a good reason for spending such a significant amount of time outside the U.S. in one single trip. Evidence of ties to the U.S. such as employment, housing, family, etc. is crucial in defending against a claim of a break in continuous residency.

In contrast, if a legal permanent resident spends one year or greater outside the United States in one single trip, they have effectively abandoned their LPR status and must reapply for a green card all over again. The ultimate purpose of this component is to require legal permanent residents to have a stake in the United States, to have ties to the United States and keep a close connection with this country. If an applicant is spending significant time outside the U.S., especially, in one trip, then there is evidence to suggest that that individual is not interested in becoming a U.S. citizen.

Possessing Good Moral Character

Often the leading cause of an application denial, good moral character is one of the biggest components of the naturalization process. The U.S. government has set a base standard of behavior for anyone wishing to become a citizen. While the standard is certainly not perfection, individuals are expected to adhere to social norms and comply with our laws in the way a reasonable citizen would. Good moral character is assessed through the various questions in the N-400 tied to conduct, behavior, criminal convictions and immigration history.

The purpose of these questions is to capture any and all information about the applicant that could lead USCIS to determine that they lack good moral character and therefore are unqualified to become a U.S. citizen. Criminal convictions are always the biggest concern and applicants with a record should consult with legal counsel to confirm whether their conviction could affect their eligibility for naturalization.

Passing the English and Civics Requirement

The last major component of the N-400 application is that applicants must demonstrate an understanding of the English language, including the ability to read, write, and speak basic English. They must also pass a civics test covering U.S. history and government. While the english and civics test does not take place until the interview, it is extremely important that the applicant is able to converse, write and read English prior to applying. Most importantly, application processing times are quite rapid and not being able to interact in English or answer the civics questions will lead to an application denial. The English/civics requirements are there to ensure that new citizens can participate fully in civic engagement, and understand their rights and responsibilities.

If you are interested in filing for naturalization, please do not hesitate to give us a call at (212) 547-8857 or schedule a consultation online and we'd be happy to work with you to assess your situation and if eligible, aid in applying for the benefits you are seeking. Our experienced immigration attorneys are here to provide the advice you need.

Disclaimer: This blog post and similar posts are not to be considered as providing legal advice. The discussion here is meant for educational and informational purposes only and shall not create an attorney-client relationship with the readers of this content.