3 Real-Life Examples of N-400 Cases

A lawful permanent resident can submit Form N-400 Application for Naturalization to become a US citizen. To be eligible for naturalization, the lawful permanent resident must satisfy the requirements under the Immigration and Naturalization Act.

Residency Requirements

A lawful permanent resident is eligible for naturalization has been a permanent resident for the past 5 years. Uma Krishna from India came to the US on a F1 visa and subsequently applied for and obtained a green card. After completing 5 years as a permanent resident in the US, he applied for naturalization by submitting Form N-400. However his application for naturalization was denied. His denial letter explained that his application for naturalization was denied as he lacked good moral character. Before he came to the US, he was working with a corporation in India where he had some argument with his supervisor and assaulted the supervisor. This happened more than 10 years ago. Uma Krishna was advised to seek a hearing on his application by submitting Form N-336. Along with Form N-336 Uma submitted evidence to show that he is indeed a person of good moral character. He explained that the incident happened more than 10 years ago and that he is a changed man now. He produced his work history with his US employer, volunteer and community involvement, history of supporting a family and children, and letters of reference from his current and past employers. He was subsequently granted US citizenship.

Marriage

Roman Allaharayov from Azerbaijan met Stacy Capilios, a US citizen in Baku, Azerbaijan. Stacy was working with a US oil company in Baku. Roman too happened to work in the same office. The two met, fell in love and decided to get married. After marriage, they moved to the US and Roman obtained a green card. Roman wanted to obtain a US citizenship as soon as possible. His friend had informed him that he would have to wait for 5 years after obtained a green card to apply for naturalization. However, he decided to consult an experienced US immigration attorney who informed him that a person who obtains a green card through marriage to a US citizen can apply for naturalization after three years. He or she need not wait for 5 years. So when 3 years had passed, Roman applied for naturalization and obtained a US citizenship.

Preserving Residency

Jean Seytre originally from France obtained a green card and wanted to apply for naturalization. He was subsequently employed by the US government. He was aware of the 5 year residency requirement. 4 years after he obtained his green card, he was transferred to a US post in Burkina Faso, a country in Africa 18 months. Jean was confused. He couldn’t give up on his job. He feared that his posting in Burkino Faso would cause him to loose out on the continuous residency requirement for naturalization. He consulted an experienced US immigration attorney who advised him to submit Form N-470 to the USCIS. By submitting Form N-470, Jean was able to preserve his residence for naturalization purposes. When he completed 5 years as a green card holder, he applied for and successfully obtained US citizenship.

Getting Legal Help

If you are applying for naturalization, you should consult an experienced US immigration attorney. Based on the circumstances of your case, the attorney can explain your various options.