In order for a lawful permanent resident to apply for U.S. citizenship, the person must submit Form N-400, Application for Naturalization, to U.S. Citizenship and Immigration Services (USCIS). To be eligible for naturalization, the lawful permanent resident must satisfy various legal requirements concerning good moral character, residency in the United States, knowledge of English as well as U.S. history and government, and so forth.
The examples below, drawn from actual applicants, show how some of these requirements can potentially trip up applicants -- or ultimately be overcome.
Good Moral Character Requirements
Uma, from India, came to the U.S. on an F-1 visa and subsequently applied for and obtained a green card through a U.S. employer. After completing five years as a permanent resident, he applied for naturalization. However, after the interview, his application was denied.
The denial letter explained that Uma lacked the good moral character necessary to qualify for naturalization, having failed to disclose an arrest for illegal gambling four years ago. Shocked, Uma explained to his attorney that he had been at a bar where some other people were arrested for gambling, and the police mistakenly arrested him too, then let him go when they got the facts straight. His lawyer at the time had told him that this wouldn't go onto his record, so he hadn't disclosed it on the application.
With an immigration attorney's help, Uma appealed the decision, and submitted evidence to show that he is indeed a person of good moral character. He explained that he hadn't meant to hide the incident, but had genuinely believed that it was a non-event. He produced evidence of his work history with his U.S. 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 U.S. citizenship.
Marriage to a U.S. Citizen
Roman, from Azerbaijan, met Stacy, a U.S. citizen, in Baku, Azerbaijan, where Stacy was working with a U.S. oil company. Roman happened to work in the same office. The two fell in love and decided to get married. After marriage, Roman obtained a green card and they moved to the United States.
Roman wanted to obtain U.S. citizenship as soon as possible. A friend had told him that he would have to wait for five years after he'd obtained the green card to apply for naturalization. However, he consulted an experienced immigration attorney who informed him that a person who is married to a U.S. citizen can apply for naturalization after three years, so long as he or she continues to be married to, and living with the citizen for all that time. So when three years had passed, Roman applied for naturalization and obtained U.S. citizenship.
Preserving U.S. Residency While Employed Abroad
Jean, originally from France, obtained a green card through employment and wanted to apply for naturalization. He subsequently got a job with the U.S. government. Four years after he had obtained his green card, his employer transferred him to a U.S. post in Burkina Faso, a country in Africa, for an 18-month long assignment.
Jean was confused. He couldn’t give up his job. He feared that his posting in Burkino Faso would cause him to lose out on the naturalization requirement of five years' continuous residency in the United States. However, after consulting an immigration attorney, he discovered that because he was working for the U.S. government, and had already spent more than one full year in the U.S. as a permanent resident, an exception could be made in his case. The attorney advised him to submit Form N-470, Application to Preserve Residence for Naturalization Purposes, to USCIS and also to apply for a reentry permit. By submitting Form N-470, Jean was able to count his years spent outside the U.S. at the government job for naturalization purposes. When he completed five years as a green card holder, he applied for and successfully obtained U.S. citizenship.
