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N-400 in Concert with Naturalization

Posted by attorney Ryan Reppucci

In becoming a naturalized United States Citizen an applying party must meet specific criteria. On e such requirement is the filing of a Citizenship Application (Form N-400) with Immigration. An applying party must ensure they meet specific criteria before applying since in addition to possible denial, the filing fee is non refundable. Thus, if you do not meet the very specific requirements and are denied on that basis, upon re-applying you will be required to again furnish a filing fee with any subsequent application.

To obtain naturalization, a party must demonstrate with sufficiency the following criteria:

1) be at least 18 years old;

2) a three or five year period of continuous residence and physical presence in the United States is required (dependent upon how a green card was obtained);

3) reside in the State in which you are filing;

4) read, write, and speak English;

5) a knowledge and understanding of U.S. history and government;

6) good moral character; and

7) willingness to adopt and defend the principles of the U.S. Constitution.

Remember that immigration can deny your application for naturalization for a myriad of reasons. Common reasons for denial are:

1) Failure to register with the Selective Service after receipt of the green card (applies to males between 18 and 26 years of age). More information is available at the Selective Service System website. You can also obtain proof of Selective Service Registration using their online verification form.

2) Failure to file U.S. tax returns

3) Certain criminal convictions

4) Registering to vote while a lawful permanent resident

5) Falsely claiming to be a U.S. Citizen

If you need help preparing your naturalization paperwork, you should contact an experienced immigration law attorney or the experienced Phoenix, Arizona based immigration law firm of Ariano & Reppucci, PLLC. If your application has been denied you may still have recourse and for this reason it is strongly suggested that you contact an experienced immigration law attorney to assist.

A party who has their naturalization application denied can appeal that decision by filing a form N-336. There are important time restrictions regarding when this form must be received by immigration in order to ensure your right to appeal is preserved. For this reason, it is again best that immediately upon receiving notification of your denial, that you contact an experienced immigration law attorney. Lastly, even if your form N-336 is denied on appeal, you may finally pursue legal recourse by appealing that denial to a properly situated United States Federal District Court.

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