While superficially simple, the naturalization process to become a United States citizen can often get bogged down over small but important details. Before sitting down to fill out form N-400, you should first read the all of the following articles that apply:
Once you have read these articles, you will have a much better idea of the actual requirements for naturalization, the standards applied by the government, and the procedures involved.
With this foundation in place, let’s examine some of the more important issues that are not addressed directly in these articles:
1. Always tell the truth. Your naturalization application can get denied solely on the basis that you failed to tell the truth about a material fact. This is so even if telling the truth would not have resulted in a denial of your application. Dishonesty on its own is an independent basis for refusal.
Having said that, applicants must keep in mind the difference between material and non-material facts. Simply put, a material fact is one which has a direct bearing on the applicant’s eligibility. Falsifying a material fact is a separate reason for denying an application. Not all facts are material, however. Is hair color, height, or weight a material fact? Of course not. If a woman weighs 120 lbs but states that she weighs 110 lbs is that a misrepresentation of fact? Yes it is – but it is not a misrepresentation of a material fact. Misrepresentation of a material fact occurs when an applicant misstates or omits required information in a situation where if the adjudicator knew the actual facts could arrive at a different decision. On the other hand, if there is simply no way under the law for an adjudicator to arrive at a different decision no matter what the facts, it is not a material misrepresentation. For example, a man who is five feet, nine inches tall states that he is five feet, ten inches tall is not committing a material misrepresentation of fact unless the issue of his height has a direct bearing on his eligibility to naturalize (which it does not).
2. Understand the difference between physical presence and residence. Most of the questions on the N-400 ask for the applicant’s residence during the past five years.
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“Part 6. Information About Your Residence and Employment.
A. Where have you lived during the last five years? Begin with where you live now and then list every place you lived for the last five years. If you need more space, use a separate sheet(s) of paper.”
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An applicant’s residence has been defined as the place where the person lives and sleeps most of the time. If you go away for the weekend, or take a two week vacation, your residence remains the same, though your place of physical presence changes. You only need to report your actual place of residence, not every place where you have been physically present.
3. Report all brushes with the law. The form N-400 requires that you report all past contact with police authorities, irrespective of the outcome. The specific set of questions appear in Part 10:
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“D. Good Moral Character.
For the purposes of this application, you must answer ''Yes'' to the following questions, if applicable, even if your records were sealed or otherwise cleared or if anyone, including a judge, law enforcement officer or attorney, told you that you no longer have a record.
- Have you ever committed a crime or offense for which you were not arrested? [This calls for the applicant to form a legal opinion – something the applicant is not qualified to do unless he or she is a lawyer. If you are not a lawyer, it is difficult to see how you can be held accountable for a “wrong” answer to this question.]
- Have you ever been arrested, cited or detained by any law enforcement officer (including USCIS or former INS and military officers) for any reason?
- Have you ever been charged with committing any crime or offense?
- Have you ever been convicted of a crime or offense?
- Have you ever been placed in an alternative sentencing or a rehabilitative program (for example: diversion, deferred prosecution, withheld adjudication, deferred adjudication)?
- Have you ever received a suspended sentence, been placed on probation or been paroled?
- Have you ever been in jail or prison?”
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This set of questions raises an interesting issue. Bear in mind what has been said about material misrepresentation earlier in this article. Unless you are dealing with a violation of federal law (which is rare for most individuals), the concepts of “crime” and “illegality” are defined by individual state law. What is “legal” in one state is often “illegal” in another, and vice versa. The federal government is bound by the Constitution of the United States to give “full faith and credit” to acts by the individual states. Thus, if state A defines something as illegal, the federal government must regard it as illegal. In some states, it is legal for individuals to marry as young as age 14. In other states that would be considered statutory rape.
More to the point, if a state can determine what constitutes a violation of its laws – and the federal government must respect that determination – then a state may also determine what does not constitute a violation of its laws. In particular, if a state determines that for reasons of public policy it is proper to wipe out (expunge) a conviction and legally find that it never happened, then the federal government is constitutionally bound to respect that decision.
The instructions to form N-400 require applicants to list all convictions, even if they later resulted in expungements. Most lawyers disagree and believe that an expungement removes the matter forever, as though it never happened. It is difficult to see how a record that no longer exists could possibly be used to deny an application for naturalization (thus raising the material misrepresentation issue).
If you have a matter that has been expunged, then you have to make your own decision as to whether to report that fact. By the terms of an expungement, all public record of the offense must be erased. You are free, of course, to re-insert it into the record if you choose to do so, but the choice is yours.
With respect to everything else, it is better to err on the side of caution and report all brushes with the law, including traffic stops. There are no reported cases in which an ordinary traffic offense (or group of offenses) has ever resulted in a denial of naturalization benefits.
4. Affiliations
This is an important section of the form and you are required to report all affiliations with formal groups of all types (Boy/Girl Scouts, auto club, fraternity/sorority, YMCA, political organizations, social organizations, religious organizations, etc.). The specific question is found in Part 10 of the form:
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“B. Affiliations
8. a. Have you ever been a member of or associated with any organization, association, fund, foundation, party, club, society or similar group in the United States or in any other place?”
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Note the last five words “or in any other place.” Report all affiliations, of every type, no matter where.
5. Continuances
Very often, when the CIS cannot or will not close out a naturalization application at the time of the interview, they will “continue” the case. In some instances, they tell the applicant that “security checks” are still pending. In others, they give the applicant a list of documents that they require the applicant to submit. You need to understand that, by statute, the CIS has a maximum of 120 days from the date of the interview to make a final decision on a case and, if it is approved, administer the oath of allegiance naturalizing the applicant as a United States citizen.
In many instances, the CIS adjudicator will ask the applicant to agree to waive the 120 day period. Under no circumstances should an applicant every do this. To repeat, never waive the 120 day period. There is nothing adverse that they can or will do to you as a result of your refusal to waive the 120 day period – no matter what they may say or imply.
If you waive the 120 day adjudication period, your case can get stuck in limbo forever and there is virtually nothing that you can do about it. On the other hand, if you refuse to sign the waiver, at the end of 120 days you may go into federal court to force them to resolve your case and naturalize you immediately.
6. Delays. Delays are a routine part of doing business with the CIS. They have a long, well earned reputation for unreasonable delays. If you find that your case has been pending longer than those of others who filed around the same time as you, then you may proceed into federal court and seek an order in the nature of mandamus, requiring them to act on your case before they act on any more filed after you.
Before filing an action in federal court, consider contacting your congressman or your senators to seek their assistance. In some cases, they are very helpful and can get the matter resolved quickly. In others, they simply take the word of the CIS and do nothing. If you do contact a congressman or senator, after you become a citizen and register to vote, keep in mind how helpful or unhelpful they were when you needed their assistance.
