U.S. Citizenship and Immigration Services (USCIS) allows individuals who have immigrated to the U.S. to apply for naturalization, after meeting specific criteria. When an Permanent Resident applies for naturalization, they are looking to become a Citizen of the United States. Here are the basic criteria USCIS requires you to meet when applying for naturalization:
USCIS’s Criteria to Apply for Naturalization
- You are at least 18 years old at the time your application is submitted.
- “You have demonstrated continuous residence and physical presence in the United States.”
- You have remained a lawful permanent resident for the past three to five years. The naturalization category you intend on applying for shall determine how long you must have been a lawful permanent resident for.
- You are capable of reading, writing, and speaking basic English.
- You have demonstrated good moral character.
- “You demonstrate a knowledge and understanding of U.S. history and government.”
- “You demonstrate a loyalty to the principles of the U.S. Constitution.”
- “You are willing to take the Oath of Allegiance.”
Once it has been established that you qualify to apply for naturalization, you must then submit Form N-400, Application for Naturalization along with the corresponding filing fee. While the vast majority of individuals whose applications are processed are approved, there are also thousands each year who are denied.
Is there anything I can do if my application for naturalization was denied by USCIS?
While you may have met all the eligibility criteria listed above and believe you filled out Form N-400 properly, that doesn’t always mean USCIS will approve your application. Sometimes, USCIS will deny an application when an applicant makes a mistake on one or more parts of the form or the agency identifies its own specific reasoning for not approving an individual’s application. If you live in Georgia and received notice that your Form N-400 was denied, you should contact Kuck | Baxter Immigration Partners LLC and request to speak with one of our highly skilled Atlanta immigration attorneys.
While there is a chance that an error was made that can easily be corrected, our attorneys will be sure to get to the root of why it was not accepted and assist you in getting the issue corrected so that you can be naturalized. One of the ways we can do this is by submitting the appropriate forms to USCIS in an effort to appeal the decision that was made on your application.
What forms need to be submitted if I don’t agree with USCIS’s decision to deny my application for naturalization?
After your application for naturalization has been denied, you have the option of filing Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings which allows you to request a hearing before an immigration officer. This form must be filed within 30 calendar days after receiving your denial notice regarding your Form N-400, otherwise USCIS will reject it. Given that USCIS has set a deadline for you to submit Form N-336, we encourage you to let one of our Atlanta, Georgia immigration attorneys help you fill out and file this form.
Aside from hiring a lawyer to help you get your forms filed in a timely manner, we will also ensure that you meet USCIS’s filing requirements, and attend your naturalization hearing with you. At the time of filing, you are required to submit all evidence USCIS has outlined in their instructions with your request. Failure to provide this evidence could result in your application being rejected or denied. To prevent from having Form N-336 rejected, we suggest you contact our office and give one of our trusted Atlanta, Georgia immigration lawyers the opportunity to assist you.
Kuck | Baxter Immigration Partners LLC can be reached at:
365 Northridge Road, Suite 300
Atlanta, GA 30350