Chapter 27 - § 27.3 • THE NATURALIZATION APPLICATION PROCESS

• Jurisdiction: Colorado

§ 27.3 • THE NATURALIZATION APPLICATION PROCESS

• Before you file:

◦ Analyze eligibility

■ Ask questions
■ Request documentation

◦ Analyze strategy

^■ Understand burden of proof

◦ Weigh the risk of an affirmative application
◦ Identify defense strategies
◦ Inform client of options and risks

• Prepare and file application

• After you file:

◦ Receipt
◦ Biometrics appointment
◦ Interview preparation

• At the interview:

◦ Examination

^■ 10 questions on U.S. civics
^■ Read an English sentence; write an English sentence

◦ Review application: English language understanding continues to be assessed
◦ Review supporting documentation
◦ Request additional evidence?

• After the interview:

◦ Approval and oath
◦ Delay of 120 days after interview: Federal court jurisdiction under § 1447(b)
◦ Denial

■ NTA? Removal defense?
■ Administrative rehearing: N-336
^■ Judicial review after administrative rehearing denial

§ 27.3.1—Prepare And File Application

The current N-400, Application for Naturalization, is a 20-page form¹⁶⁷ that requires the applicant to provide personal contact and identification data, information about marital and family relationships, residential and employment history, and international travel and immigration history. Some parts of the application solicit information covering the applicant's entire lifetime. Some parts request information since the applicant became a lawful permanent resident. Some parts ask for information dealing only with the statutory period (generally five years preceding the submission of the application).

The application has five full pages of eligibility questions structured as yes/no questions. When reviewing and completing the series of yes/no questions with the applicant, be very clear about the wording of the questions. Previous and current revisions to the N-400 include the redrafting of several of these questions to deliberately require applicants to disclose more information than had been required previously. For example, on the N-400, page 14, Part 12: Additional Information About You, Questions 22-29 ask about arrests, charges, citations, detentions, diversions, deferred prosecutions, withheld or deferred adjudications, probation, parole, suspended sentences, and time in jail or prison. Question 23 asks if the applicant has ever been arrested, cited, or detained for any reason; this question no longer excludes traffic offenses. If the applicant has ever received even a traffic citation, he or she should answer the questions "Yes." N-400 instructions indicate that submission of certified documents related to traffic tickets is not required, but an applicant should disclose relevant general information in the space provided, such as "fines were paid." Some Denver Field Office examiners will specifically ask about traffic citations to confirm that the applicant understands the entire content of the questions and may ask about potential aggravating factors such as traffic citations related to driving under the influence of alcohol or drugs, or related to an accident in which someone was injured or in which the fine was greater than $500.

This same question also specifically includes arrest, citation, or detention by any law enforcement officer, including "any immigration official" or officer of the U.S. Armed Forces. So even contact with police or immigration officials prior to the grant of lawful permanent residence should be disclosed; the explanation may simply indicate that the issue was disclosed and considered in the context of the grant of lawful permanent residence. Hopefully, this can be confirmed by a review of the applicant's prior immigration documentation. However, if a prior arrest, citation, or detention was not disclosed during the lawful permanent residence process, denying the existence of a prior problem or otherwise lying during the naturalization interview could be considered false testimony for the purpose of obtaining an immigration benefit, which is itself a bar to a finding of good moral character.¹⁶⁸ The naturalization applicant must be prepared to disclose all of the information requested on the form and related information that might be the subject of an oral inquiry by the USCIS officer while under oath during the interview and be prepared to deal with the consequences of telling the truth, which might include being forced to defend himself or herself and request a waiver, if available, in removal proceedings.¹⁶⁹

USCIS added a number of new questions to reflect the inadmissibility grounds added by the Intelligence Reform and Terrorism Prevention Act of 2004. The N-400 form now includes Questions 12-21, many with several subparts, replacing the single question, previously Question 11, "Have you ever persecuted either directly or indirectly any person because of race, religion, national origin, membership in a particular social group or political opinion?" Although many of these new questions relate to conduct that may negatively impact an applicant's eligibility for naturalization, many of the questions are very broad.¹⁷⁰

Previously, the eligibility questions were all worded to solicit a "No" answer, unless an applicant may have had an issue that could cause him or her to be considered ineligible to naturalize. Because of the broadly worded revised questions, there will be circumstances where an applicant will be required to answer "Yes" to a question, and provide an explanation of how lawful conduct should not affect his or her eligibility to naturalize.¹⁷¹ When an applicant answers "Yes" to Questions 1 through 44 in Part 12, then an addendum page should be prepared, explaining the circumstances and referring to documentation included with the application and even providing a succinct legal argument in support of naturalization eligibility. Even when an applicant answers "No" to a question, there may be circumstances that could be explained, documented, and supported by legal arguments in favor of eligibility in the context of an addendum to the form. When in doubt about checking "Yes" or "No" or whether to include information with the form, many times it may be better to affirmatively provide documentation and an explanation to address any potential issue rather than have an omission be construed as a failure to disclose or as false testimony.

The Form N-400 application is available online at www.uscis.gov in a PDF fillable form, along with the instructions for the form. Professional, commercial immigration legal forms programs provide additional functionality in form preparation for this and other forms. Practitioners should always ensure that their office procedures include reviewing the N-400 instructions available at the USCIS website to confirm that they are using the correct version of the form, submitting the correct filing fees, and sending the package to the proper filing address.

What to File

• Completed and signed N-400 application;
• Filing fee,¹⁷² including biometrics fee or request for a general fee waiver on I-912, showing an inability to pay the fee(s);
• Two passport-style photographs are not longer required; photos are only required for applicants filing overseas;
• Copy of front and back of the applicant's lawful permanent resident card;
• Documentation showing resolution of any issues that might impact eligibility:

◦ Certified final dispositions documenting resolution of all arrests, detentions, charges, or citations;
◦ Documentation showing residence and ties to the United States, if the applicant has taken a trip abroad that lasted longer than 180 days;
◦ Documents showing the applicant's support for a dependent

...