Beginner's Guide to USCIS
How can one obtain U.S. citizenship?
U.S. citizenship can be acquired through two main methods:
- By birth: An individual may become a U.S. citizen at birth if they are born within the United States or if they are born to U.S. citizens.
- Naturalization: If an individual is not a U.S. citizen by birth, they may still be eligible to become a citizen through the naturalization process. This involves submitting an "Application for Naturalization" and meeting certain eligibility requirements.
Who is considered a U.S. citizen by birth
Typically, individuals become U.S. citizens at birth if they are born within the United States or if they are born to U.S. citizens. There are three main scenarios in which this occurs:
- Birth within the United States: If you were born within the United States, including territories such as Puerto Rico, Guam, the U.S. Virgin Islands, and the Commonwealth of the Northern Mariana Islands (after November 4, 1986), you are usually considered a U.S. citizen at birth.
- Birth abroad to two U.S. citizens: If you were born abroad to two U.S. citizens and at least one of your parents lived in the United States at some point, you are typically considered a U.S. citizen.
- Birth abroad to one U.S. citizen: If you were born abroad to one U.S. citizen, you may be considered a U.S. citizen if the following conditions are met: • Your parent was a U.S. citizen at the time of your birth • Your citizen parent lived in the United States for a minimum of 5 years before your birth, with at least 2 of those years being after their 14th birthday.
Proof of citizenship can be established through a birth abroad certificate registered with a U.S. consulate or embassy, or by applying for a passport. If additional proof is needed, an "Application for Certificate of Citizenship" (Form N-600) can be filed with USCIS to obtain a Certificate of Citizenship. This form can be requested by calling the USCIS Forms Line at 1-800-870-3676 or by downloading it from www.uscis.gov.
How can I become a U.S. citizen through naturalization?
If you were not born as a U.S. citizen or did not automatically obtain U.S. citizenship, you may still be eligible to become a citizen through the process of naturalization. To apply for naturalization, eligible individuals must submit an "Application for Naturalization" (Form N-400).
Individuals who obtained citizenship through their parent(s) while under the age of 18 can document their citizenship by submitting an "Application for Certificate of Citizenship" (Form N-600). Qualified children residing abroad can document their naturalization through the "Application for Citizenship and Issuance of Certificate under Section 322" (Form N-600K).
All of these forms can be requested by calling the USCIS Forms Line at 1-800-870-3676 or can be downloaded from the USCIS website at www.uscis.gov.
When does my permanent residency start?
Your permanent residency starts on the date that you were granted permanent resident status. This date is noted on your Permanent Resident Card (previously referred to as an Alien Registration Card or "Green Card"). The date can be found on the card in the designated area, which is demonstrated on the sample cards provided.
What is the required form for naturalization?
The form needed for naturalization is the "Application for Naturalization" (Form N-400). You can request this form by calling the USCIS Forms Line at 1-800-870-3676. Alternatively, the form can be downloaded from www.uscis.gov.
Is it necessary to disclose an expunged criminal record on a USCIS application or to a USCIS officer?
It is important to disclose any criminal history, even if the record has been expunged, on your naturalization application or to a USCIS officer. This includes arrests, convictions, crimes for which you were not charged or convicted, and any evidence in your favor regarding these incidents. Failure to disclose even minor crimes may result in the denial of your application. However, minor traffic incidents with a fine less than $500 and no arrest are typically excluded, unless they involved alcohol or drugs.
Is USCIS equipped to assist or make modifications for individuals with disabilities during the naturalization process?
USCIS strives to accommodate the needs of applicants with disabilities, providing necessary modifications to ensure their eligibility during the naturalization process. This can include accommodating wheelchairs at the fingerprinting, photo capturing, interview, and oath-taking locations. If an applicant is hearing impaired, the USCIS officer conducting the interview will speak clearly and slowly, or arrangements will be made for an American Sign Language interpreter. An applicant who requires an American Sign Language interpreter for the oath ceremony should indicate this in the Form N-400 under the section for requesting accommodations for a disability. Service animals such as guide dogs are also allowed to accompany the applicant during the interview and oath ceremony. For applicants who need additional accommodations, they can write a letter explaining their needs and submit it to the USCIS district office after receiving their interview notice. For those with severe physical, developmental, or mental impairments that prevent them from acquiring or demonstrating the required knowledge of English and Civics, an exemption may be available. To request an exemption, the applicant must file a "Medical Certification for Disability Exceptions" (Form N-648).
How can I locate the USCIS office in my area?
You can locate your nearest USCIS office by utilizing the field office locator on the USCIS website at www.uscis.gov.
How Can I Pay the Application Fee for My Naturalization?
The fee for your naturalization application, Form N-400, can be paid by check or money order made out to the "Department of Homeland Security." You may also pay with a credit card, but there is no additional fee for this service. To pay by credit card, you need to use the G-1450, Authorization for Credit Card Transaction. If you live in Guam, the fee should be made out to "Treasurer, Guam." If you live in the U.S. Virgin Islands, the fee should be made out to "Commissioner of Finance of the Virgin Islands."
Please note that the fee for biometric services, which include your photo and signature, is separate from your application fee. Neither the application fee nor the biometric services fee are refundable, even if your case is denied or you withdraw your application.
If you are applying for naturalization based on your own military service in the Armed Forces of the United States, no filing fee is required. If you are 75 years old or older, or filing your application from abroad, you do not need to send the fee for biometric services. For more information, see "Naturalization Information for Military Personnel" (Form M-599).
Duration of Naturalization Process
The duration of the naturalization process can vary depending on the location. USCIS is constantly working towards modernizing and streamlining the process with the goal of reducing the average processing time to 6 months after the "Application for Naturalization" (Form N-400) has been submitted.
Where can I go to have my fingerprints and photos taken?
We will inform you of the location for obtaining biometrics, including fingerprinting and photography, after we process your application.
What is the process for determining the status of my naturalization application?
To determine the status of your naturalization application, you have two options:
- Visit the official USCIS website at www.uscis.gov
- Contact USCIS Customer Service Number at 1-800-375-5283 (TTY: 1-800-767-1833)
What should I do if I am unable to attend my scheduled naturalization interview?
It is crucial to attend your interview on the scheduled date, as missing it can delay the naturalization process. If you are unable to attend, you should immediately inform the office where your interview is scheduled and request to reschedule. However, rescheduling can take several months to complete.
In case you miss your interview without informing USCIS, they may administratively close your case. They will notify you at your last known address if they close your case due to missed interview. If you don't contact them within a year to schedule a new interview, your application will be denied.
Note: If you are applying for naturalization based on your service in the Armed Forces of the United States, no filing fee is required. If you are 75 years or older, or applying from abroad, no biometric services fee is required for fingerprinting.
What should I do if I have changed my address after filing my naturalization application?
It is imperative that USCIS has your updated address on file, as you may miss important information from them if they don't. If you have moved after submitting your Application for Naturalization (Form N-400), you should call USCIS Customer Service at 1-800-375-5283 (TTY: 1-800-767-1833) to update your address on your pending Form N-400. By law, you must inform USCIS of every change of address. To fulfill this requirement, you must file an Alien's Change of Address Card (Form AR-11) within 10 days of your move, in addition to calling Customer Service. There is no fee to file this form.
Additionally, you should also inform the U.S. Postal Service of your new address to ensure that any mail in transit is forwarded to you.
Is it possible to alter one's name during naturalization?
The USCIS does not have the legal authority to change a person's name during the naturalization process. However, there are two alternatives for obtaining a Certificate of Naturalization under a new name. Firstly, if you can present evidence that you have legally changed your name according to the laws of your state, such as a marriage certificate or divorce decree, the USCIS will issue the Certificate of Naturalization with your new name. Secondly, if you are taking the Oath of Allegiance in a court-held naturalization ceremony, you may request the court to change your name. If granted, your new name will be reflected on your Certificate of Naturalization.
When will I be recognized as a citizen if the USCIS grants me naturalization?
You are officially recognized as a citizen of the United States once you have taken the Oath of Allegiance in a formal naturalization ceremony. In some cases, you may have the option to take the oath on the same day as your interview. If this is not an option or you prefer to take the oath at a later date, the USCIS will notify you of the ceremony date through a "Notice of Naturalization Oath Ceremony" (Form N-445).
What should I do if I am unable to attend my naturalization oath ceremony?
If you are unable to attend your naturalization oath ceremony, you should send the "Notice of Naturalization Oath Ceremony" (Form N-445) you received to your local USCIS office. Along with the form, include a letter explaining the reason for your absence. Make sure to make a copy of both the notice and your letter before sending them to USCIS. The local USCIS office will then reschedule your ceremony and provide a new "Notice of Naturalization Oath Ceremony" (Form N-445) indicating the date and time of your new ceremony.
What are my options if my naturalization application is denied by USCIS?
If you believe that USCIS made an error in denying your naturalization application, you have the option to request a hearing with an immigration officer. Your denial letter will provide information on how to request a hearing and will include the necessary form, which is called the "Request for Hearing on a Decision in Naturalization Proceedings under Section 336 of the INA" (Form N-336). You must submit the form along with the required fee to USCIS within 30 days of receiving the denial letter. If after the USCIS appeal hearing, you still feel that your application was wrongly denied, you may file a petition for a new review of your application in a U.S. District Court.
Can I reapply for naturalization after a denial from USCIS?
In many cases, you can reapply for naturalization after a denial from USCIS. If you choose to reapply, you will need to complete and submit a new Form N-400, pay the fee again, and have your biometrics taken once more. The denial letter should specify the earliest date that you can reapply for citizenship.
If you were denied due to failing the English or Civics test, you can reapply for naturalization as soon as you feel confident that you have improved your English or Civics skills enough to pass both tests.
What if I lose my Certificate of Naturalization or need to prove my citizenship?
If you have lost your Certificate of Naturalization, you can request a replacement by submitting an "Application for Replacement Naturalization/Citizenship Document" (Form N-565) to USCIS. You can obtain the form by calling the USCIS Forms Line at 1-800-870-3676 or by downloading it from the USCIS website. The form must be submitted along with the appropriate fee to either the Nebraska or Texas Service Center, depending on the jurisdiction over your residence.
In the meantime, if you have one, you can use your U.S. passport as proof of citizenship. It is highly recommended that you apply for a U.S. passport as soon as you become a citizen.
