Common Questions Concerning Naturalization

1.  If an applicant received public benefits will it affect her naturalization application?
No, receipt of public benefits only affects applications for Legal Permanent Residence status, not applications for naturalization.

2.  If an applicant didn’t register for the draft, will it affect his application?
Yes, all males between the ages of 18 and 25 are required to register for selective service.  Failure to do so could negatively impact your naturalization application.

3.  Can an applicant still qualify for naturalization even if she was arrested for a crime?  What if everything was cleared up?  What if she was convicted of the crime?
Applicants for naturalization are expected to demonstrate “good moral standing”.  While there is no clear definition of “good moral character”, criminal behavior often creates a “good moral character” problem.  Keep in mind, this does not necessarily require a conviction, rather simply criminal behavior can be a bar to naturalization.

4.  What if an applicant doesn’t remember whether or not he was arrested or what happened in court after an arrest?  What should he do in such a case?
Applicants can request records from the court in which the case was heard.  Similarly, they can request arrest records from the police precinct.

5.  If an applicant’s criminal problems happened a long time ago, or she committed other “bad” acts, which might affect her naturalization case, a long time ago, will her criminal record, or these other “bad” acts be automatically erased after seven years?
Applicants are required to have “good moral character” during the period of required continuous residence in the United States (five years prior to the application for most applicants).  However, criminal acts that would make one deportable (such as an aggravated felony) are barred from establishing good  moral character and could be deported.

6.  Is there a way to eliminate criminal convictions?
Applicants can request that their criminal cases be reopened and try to have the conviction withdrawn or the charge lessened.

7.  If a conviction has been expunged or an applicant received diversion for a crime, does the applicant have to say yes to the question asking whether he has ever been arrested?
Yes, an arrest and a conviction are not the same thing.  An applicant must report an arrest even if it did not lead to a conviction.

8.  Can someone qualify for naturalization even if he is still on probation or parole for a crime?
It is doubtful that an applicant on probation or parole will be able to apply for naturalization because of the requirement for “good moral character”.  This would, however, depend on the nature of the charge for which they were convicted. 

9.  If someone was convicted of drunk driving or driving while under the influence of alcohol, will the conviction affect her naturalization case?
Possibly.  USCIS has not provided guidance on whether a drunk driving conviction (DUI) impacts the “good moral character” requirement, leaving it up to district offices to determine the impact.  A survey of case law shows that a single DUI does not statutorily bar an applicant from “good moral character” when the applicant has been candid about the conviction.  

10.  If an applicant hasn’t filed her income taxes will she be denied naturalization?  What can she do to help her naturalization case?
Failure to file income taxes can present a “good moral character” problem for the applicant.  To re-establish good moral character, the applicant can pay the previous taxes and submit evidence to USCIS.

11.  Will it affect an applicant if he has been deported in the past?  What if it was a voluntary departure?  What if he is presently in deportation or removal proceedings?
A past deportation can affect naturalization efforts if the applicant had not obtained permission to reapply for residency. A person currently in deportation proceedings is barred from applying for naturalization. 

12.  Does it matter if an applicant ever left the U.S.?  Can she still qualify for naturalization even if she has long absences from the U.S.?
Unexplained absences from the United States of six month or more can present problems in establishing that the applicant has made the United States his/her continuous residence, although applicants can overcome this by presenting evidence that he/she did not stop residence in the United States.  Absence for one year or more are generally considered to break continuous residence.

13.  Does a naturalization applicant have to list all her absences from the U.S. even if she only went to Tijuana for a day to go shopping?  What if she can’t remember all the dates she left the U.S. and returned to the U.S.?
Applicants should always fill out the N-400 as completely as possible and include any and all trips even if the details aren’t readily available.  An applicant’s passport should have much of the necessary information recorded in it.

14.  Are there any special problems communists may have in applying for naturalization?
Yes, the Immigration and Nationality Act bars the naturalization of anyone who is a member of, or affiliated with, the communist party. 

15.  What if a naturalization applicant at one time in the past falsely claimed to be a U.S. citizen?  Will that affect her naturalization application?
A false claim of U.S. Citizenship is a ground of deportability and inadmissibility, meaning that the applicant is not only barred from naturalizing, but is also deportable.

16.  If a naturalization applicant lied on her amnesty application—for example, he didn’t really work in the files—what should he do now regarding his naturalization application?
USCIS tends to suspect fraud in the area of legalization and will look closely at any naturalization applications filed by people who received amnesty.  While USCIS is barred from examining legalization files to find fraud, independent information can give USCIS an independent basis to begin rescission or removal proceedings.

17.  If a naturalization applicant lied on her application for her green card, what should she do now regarding her naturalization application?  For example, what if she said she was unmarried in order to qualify for a green card but she really was married?
The best advice is for the person to not apply for citizenship.  One should always be as truthful as possible on the N-400, lying on an N-400 is a ground for having citizenship revoked later.  However, admitting lying on the green card application is grounds for having the green card revoked.

18.  Does it matter that the naturalization applicant has never worked and everything is in her husband’s name?
No, citizenship applicants are not required to be wage earners.

19.  What if an applicant didn’t put his children down on his legalization application, but now he wants to put them down on his naturalization application?
The best advice is for the person to not apply for citizenship.  One should always be as truthful as possible on the N-400, lying on an N-400 is a ground for having citizenship revoked later.  However, admitting lying on the green card application is grounds for having the green card revoked.

20.  Are there any exceptions or waivers for the English test?
Applicants who meet certain age/residency requirements or have a disability which prevents him/her from learning English can receive an exemption from the English test.  

21.  Are there any waivers or exceptions for the U.S. history and civics tests?
Applicants who meet certain age/residency requirements or have a disability which prevents him/her from learning U.S. civics can receive an exemption from the civics test.  

22.  If a naturalization applicant took the U.S. history and civics test during amnesty, does she have to take it again?
Applicants for legalization under INA §245A who passed the English and civics exams at the time of legalization are exempted from the exams for naturalization.

23.  If someone fails his English or U.S. history and civics test, can he take it again?
Applicants are allowed to take the English and/or U.S. history and civics tests up to two times.

24.  Can an applicant still naturalization if she cannot take the oath of allegiance because of religious reasons?
If your religion and beliefs do not allow you to bear arms in defense of the United States or you do not believe in taking an oath, you can ask to take a modified oath. 

25.  If an applicant lost her green card can she still naturalize?
An applicant who lost his/her green card should request a replacement green card before applying for naturalization.

26.  If an applicant helped someone enter the U.S. illegally (that is, without immigration papers), will it affect his application?
Yes, assisting someone with illegal entry into the United States is a bar to “good moral character” and could even lead to the loss of permanent residence status.

27.  If a court has ordered an applicant to stay away from someone because of domestic violence problems, will it affect his application?
A domestic violence conviction presents another “good moral character” problem as does violation of a protection or restraining order imposed because of such a conviction.

28.  What if an applicant has not been paying child support?  Will this affect the applicant’s naturalization case?
Violating a court order for child or spousal support may violate the requirement for “good moral character.”