TABLE OF CHANGES – INSTRUCTIONS Form N-400, Application .
TABLE OF CHANGES – INSTRUCTIONSForm N-400, Application for NaturalizationOMB Number: 1615-005201/12/2021Reason for Revision: Revision.Project Phase: Director’s Office Review.Legend for Proposed Text: Black font Current text Red font ChangesExpires 09/30/2022Edition Date 09/17/2019Current Page Numberand SectionNewCurrent TextProposed Text[Page 1]Table of Contents/PageWhat Is the Purpose of Form N-400?/2Who Should Not File Form N-400?/2General Eligibility Requirements/2Eligibility Based on Marriage to a U.S.Citizen/3Eligibility for the Spouse of a U.S. CitizenWorking for a Qualified Employer Outsidethe United States/4Eligibility for Current and FormerMembers of the U.S. Armed Forces/5Lawful Permanent Resident Status/6Time as a Lawful Permanent Resident/6Photograph Requirements for ApplicantsResiding Outside the United States/6Continuous Residence and PhysicalPresence Requirements/6Good Moral Character/10Attachment to the U.S. Constitution/12Legal Guardian, Surrogate, or DesignatedRepresentative/13Oath of Allegiance/14Naturalization Testing and Exceptions/14General Instructions/14Specific Instructions/16What Is the Filing Fee?/24Where To File?/25Address Change/25Processing Information/26Attorney or Representative/26USCIS Forms and Information/261AILA Doc. No. 21011542. (Posted 1/19/21)
Penalties/27USCIS Compliance Review andMonitoring/27DHS Privacy Notice/27Paperwork Reduction Act/28Page 1,[Page 1][Page 2]What Is the Purpose ofForm N-400?What Is the Purpose of Form N-400?What Is the Purpose of Form N-400?Form N-400, Application forNaturalization, is an application to becomea naturalized U.S. citizen.[no change]If your biological or legal adoptive motheror father is a U.S. citizen by birth, or wasnaturalized before you reached your 18thbirthday, you may already be a U.S. citizen.Before you consider filing this application,please visit the U.S. Citizenship andImmigration Services (USCIS) website atwww.uscis.gov for more information onthis topic and to review the instructions forForm N-600, Application for Certificate ofCitizenship, and Form N-600K,Application for Citizenship and Issuance ofCertificate Under Section 322.If your parent (including legal adoptiveparent) is a U.S. citizen by birth, or wasnaturalized before you reached your 18thbirthday, you may already be a U.S. citizen.Before you file this application, please visitthe U.S. Citizenship and ImmigrationServices (USCIS) website atwww.uscis.gov for more information andto review the instructions for Form N-600,Application for Certificate of Citizenship(available at www.uscis.gov/N-600).If either of your parents is a United Statescitizen, complete Part 6. InformationAbout Your Parents as part of thisapplication. If neither of your parents is aUnited States citizen, skip Part 6. andcomplete Part 7. BiographicalInformation.You can find additional helpful resourcesand free study materials for English andcivics requirements at www.uscis.gov/uscitizenship.Page 1,[Page 1]A Guide toNaturalizationA Guide to Naturalization[delete]To help you understand the naturalizationprocess, USCIS developed A Guide toNaturalization (M-476). This guideprovides information on eligibilityrequirements and naturalization procedures.If you do not already have a photocopy ofM-476, you can view the guide on theUSCIS website at www.uscis.gov.You may visit the USCIS website atwww.uscis.gov/N-400 for filing tips andadditional resources to assist you during thenaturalization process.Page 2,[Page 2][Page 2]2AILA Doc. No. 21011542. (Posted 1/19/21)
Who Should Not FileForm N-400Who Should Not File Form N-400Who Should Not File Form N-400?You should not file this form if:You should not file this application if anyof the following statements apply to you:1. You have not met the eligibilityrequirements for naturalization based onyour filing category.1. You have not met the eligibilityrequirements for naturalization based onyour filing category;2. You have acquired or derived U.S.citizenship through one or both of yourparents or are eligible for citizenship underImmigration and Nationality Act (INA)322. Visit the USCIS website atwww.uscis.gov for more information onthis topic and to review the instructions forForm N-600, Application for Certificate ofCitizenship, and Form N-600K,Application for Citizenship and Issuance ofCertificate Under Section 322.2. You have acquired U.S. citizenshipthrough one or both of your parents;[New]3. You are under 18 years of age (unlessyou have served honorably as a member ofthe Selected Reserve of the Ready Reserveor in an active-duty status in the U.S. armedforces during a designated period ofhostilities, including the period beginningon September 11, 2001);4. You are more than 90 days fromcompleting your required period ofcontinuous residence as a lawful permanentresident (if required);5. You were convicted of desertion fromthe U.S. armed forces during a time of war;6. You were convicted of murder (at anytime) or an aggravated felony (on or afterNovember 29, 1990);7. You committed, ordered, incited,assisted, or otherwise participated in thecommission of genocide, torture,extrajudicial killing, or Nazi persecution;8. You served as a foreign governmentofficial and were responsible for or directlycarried out particularly severe violations ofreligious freedom;9. You are not willing to take the Oath ofAllegiance (or a modified version, ifqualified); or3AILA Doc. No. 21011542. (Posted 1/19/21)
10. You presently reside outside the UnitedStates and are not:A. A member of the U.S. armed forces;B. The spouse of a member of the U.S.armed forces who is residing outside theU.S. with the member in marital union andis authorized to accompany the memberpursuant to the member’s official orders; orC. The spouse of a U.S. citizen workingfor a qualified employer outside the UnitedStates.Page 1,[Page 1][Page 2]General EligibilityRequirementsGeneral Eligibility RequirementsGeneral Eligibility RequirementsYou may apply for naturalization when youmeet all the requirements to become a U.S.citizen. General eligibility requirements arethe following:In general, you may apply fornaturalization when you meet all therequirements to become a U.S. citizen.General eligibility requirements that applyto most naturalization applicants are thefollowing:1. You are at least 18 years of age at thetime of filing (except active duty membersof the U.S. Armed Forces);1. You are at least 18 years of age at thetime of filing;2. You are a permanent resident of theUnited States for a required period of time;2. You have been a lawful permanentresident of the United States for a requiredperiod of time;3. You have lived within the state orUSCIS district where you claim residencefor at least 3 months prior to filing;3. You have lived within the U.S. state orUSCIS district where you claim residencefor at least 3 months prior to filing;[Page 3]4. You have demonstrated physicalpresence within the United States for arequired period of time;[no change]5. You have demonstrated continuousresidence for a required period of time;5. You have demonstrated continuousresidence in the United States for a requiredperiod of time;6. You demonstrate good moral character;6. You demonstrate good moral character;7. You demonstrate an attachment to theprinciples and ideals of the U.S.Constitution;7. You demonstrate an attachment to theprinciples of the U.S. Constitution;4AILA Doc. No. 21011542. (Posted 1/19/21)
8. You demonstrate a basic knowledge ofU.S. history and government (also knownas “civics”) as well as an ability to read,write, speak and understand basic English;and[no change]9. You take an Oath of Allegiance to theUnited States. Some applicants may beeligible for a modified oath.9. You take the Oath of Allegiance to theUnited States. Some applicants may beeligible for a modified oath.[New]Additional Requirements and ExceptionsInformation on additional specificrequirements and exceptions to theserequirements are outlined below. You mustmeet all the qualifications during therequired period immediately preceding thefiling of your application for naturalizationand up to the time of the Oath ofAllegiance.Eligibility Based on Marriage to a U.S.CitizenIn addition to the general eligibilityrequirements listed above, you must meetcertain requirements if you seek tonaturalize based on your marriage to a U.S.citizen. If you or your spouse werepreviously married, you must demonstratethat all of your and your spouse’s previousmarriages were lawfully terminated. Pleasesee Part 10. of Form N-400 for whatinformation we require about your currentand previous spouse(s).Generally, to qualify for naturalizationbased on marriage to a U.S. citizen at thetime of filing:1. You must be legally married to a U.S.citizen who resides in the United States;2. You must have been living in maritalunion with your U.S. citizen spouse for atleast 3 years before filing Form N-400;3. Your spouse must have been a U.S.citizen for at least 3 years before you fileForm N-400; and4. You must have been a lawful permanentresident for at least 3 years.5AILA Doc. No. 21011542. (Posted 1/19/21)
NOTE: If you obtained status as thespouse, former spouse, or intended spouseof a U.S. citizen who subjected you tobattery or extreme cruelty, you may beeligible to naturalize without living inmarital union with the U.S. citizen spousefor at least 3 years before filing the FormN-400.Required EvidenceProvide a copy of the following if you areapplying for naturalization based on yourmarriage to a U.S. citizen:1. Evidence that your spouse has been aU.S. citizen for at least 3 years at the timeyou file your Form N-400. For example:A. Your spouse’s U.S. birth certificate (ifyour spouse has held U.S. citizenship sincebirth);B. Your spouse’s Certificate ofNaturalization;C. Your spouse’s Certificate of Citizenship;D. Your spouse’s Form FS-240, ConsularReport of Birth Abroad; orE. The biographical page of your spouse’sU.S. passport.2. Current marriage certificate and anydivorce decree, annulment decree, or deathcertificate showing that your and yourspouse’s prior marriages were terminated(if applicable); and[Page 4]3. Evidence that you and your spouse havelived in marital union for at least 3 years atthe time you file your Form N-400. Someexamples include:A. Joint bank or credit card statements;B. Leases or mortgages;C. Birth certificates of children;D. Insurance policies; and6AILA Doc. No. 21011542. (Posted 1/19/21)
E. Internal Revenue Service (IRS) taxreturn transcripts for you and your spousefor the past 3 years.Eligibility for the Spouse of a U.S. CitizenWorking for a Qualified EmployerOutside the United StatesIn addition to some of the generaleligibility requirements listed above, youmust meet certain requirements if you seekto naturalize based on your U.S. citizenspouse working for a qualified employeroutside the United States (INA section319(b)). For the definition of qualifyingemployment, see below under RequiredEvidence:1. You must be legally married to a U.S.citizen who is working outside the U.S. fora qualified employer;2. Your U.S. citizen spouse’s qualifiedemployment outside the U.S. must bescheduled to last for at least 1 year after thetime you file Form N-400;3. You must declare in good faith anintention to reside in the United Statesimmediately after your spouse’s qualifiedemployment outside the U.S. ends;4. You must be present in the United Stateswhen you take the Oath of Allegiance;5. You must establish that you will joinyour U.S. citizen spouse within 30 to 45days after you are naturalized;6. If you are currently outside the UnitedStates, you must submit two properlycompleted Form FD-258 fingerprint cardswith your Form N-400. The FD-258 cardsmust be completed at an authorized sitesuch as a U.S. embassy, U.S. consulate, orU.S. military installation; and7. If you are currently outside the UnitedStates, you must submit two passportphotos. See the PhotographRequirements for Applicants ResidingOutside the United States section of theseInstructions for more information.7AILA Doc. No. 21011542. (Posted 1/19/21)
If you meet these requirements, you are notrequired to show any prior residence orperiod of physical presence within theUnited States or any state or USCISdistrict. You must be present in the UnitedStates at the time of your interview andnaturalization. In Part 1. of Form N-400,type or print the name of the USCIS fieldoffice where you would like to have yournaturalization interview. Visit the USCISwebsite at ces to find a USCISfield office.Required Evidence1. Evidence that your spouse is a U.S.citizen at the time you file your Form N400. For examples see Eligibility Based onMarriage to a U.S. Citizen - RequiredEvidence section.2. Current marriage certificate and anydivorce decree, annulment decree, or deathcertificate showing that your and yourspouse’s prior marriages were terminated(if applicable); and3. If your spouse is a U.S. citizen who isregularly stationed outside the U.S.,provide evidence demonstrating your U.S.citizen spouse’s qualified employmentoutside the United States. For example:A. The employer’s name and nature of theemployer’s business;B. The nature of the work the U.S. citizenspouse is performing; andC. Documentation to establish theemploying entity is:[Page 5](1) The U.S. Government;(2) An American Institution of Researchrecognized as such by the Attorney General(see www.uscis.gov/air);(3) A public international organization inwhich the United States participates bytreaty or statute;8AILA Doc. No. 21011542. (Posted 1/19/21)
(4) An American firm or corporation that isengaged in whole or in part in thedevelopment of U.S. foreign trade andcommerce; or(5) A religious denomination or aninterdenominational mission organizationand your spouse is performing theministerial or priestly functions of thereligious denomination or is serving as amissionary, brother, nun, or sister for thereligious denomination orinterdenominational mission.4. In addition, provide the following:A. If applicable, your U.S. citizen spouse’stravel orders which include your name as aspouse;B. Documentation to establish yourspouse’s qualified employment outside theU.S. is scheduled to last for at least 1 yearfrom the date you file Form N-400; andC. A typed or printed statement of yourintent to reside outside the U.S. with yourspouse and to live in the U.S. immediatelyafter your spouse’s qualified employmentoutside the U.S. ends.Spouse of a Member of the U.S. ArmedForcesIf you are the lawful permanent residentspouse of a member of the U.S. armedforces who is authorized to accompany themember and reside abroad with the memberpursuant to the member's official orders,provide the following evidence:1. Documentation you are authorized toaccompany the member pursuant to themember’s official orders; and2. Documentation of military service of themember of the U.S. armed forces.Eligibility for Current and FormerMembers of the U.S. Armed ForcesSome applicants may qualify fornaturalization based on current or previousmilitary service.9AILA Doc. No. 21011542. (Posted 1/19/21)
If you are or were a member of the U.S.armed forces, certain naturalizationrequirements may not apply to you. UnderINA section 328 (service during peacetime)and INA section 329 (service duringhostilities), the general requirements fortime as a lawful permanent resident,continuous residence, and physicalpresence may not apply to you. Also, youwill not have to pay a filing fee or abiometric services fee for Form N-400. Ifyou file under INA section 329, you maybe naturalized even if you are under 18years of age.Required Evidence1. All current members of the U.S. armedforces must submit an original or a copy ofa completed Form N-426, Request forCertification of Military or Naval Service.A certifying official must complete FormN-426 within six months of submission ofForm N-400 to USCIS, except in caseswhere the applicant is a MilitaryAccessions Vital to the National Interest(MAVNI) recruit who enlisted in theSelected Reserve through the MAVNIprogram before October 13, 2017.Former service members must submit anuncertified Form N-426. Visit the USCISwebsite at www.uscis.gov/N-426 for moreinformation about Form N-426.2. If you are currently serving in an activeduty status, whether inside or outside theUnited States, you should submit aphotocopy of your official military orders.Do not submit an original DD Form 214,Certificate of Release or Discharge, ororiginal military orders.3. If you have ever been separated from theU.S. armed forces, provide copies of yourDD Form 214, NGB Form 22, or otherofficial discharge document for all periodsof service.For additional information on eligibilityrequirements visitwww.uscis.gov/military. If you are in theU.S. armed forces, are a family member ofa person in the U.S. armed forces, or are a10AILA Doc. No. 21011542. (Posted 1/19/21)
veteran, you may contact the Military HelpLine for information at 1-877-CIS-4MIL(1-877-247-4645) or visitwww.uscis.gov/military/military-helpline.4. If you are currently outside the UnitedStates, you must submit two properlycompleted Form FD-258 fingerprint cardswith your Form N-400. The FD-258 cardsmust be completed at an authorized sitesuch as a U.S. embassy, U.S. consulate, orU.S. military installation.[Page 6]5. If you are currently outside the UnitedStates, you must also submit two passportphotos. See the PhotographRequirements for Applicants ResidingOutside the United States section of theseInstructions for more information.Lawful Permanent Resident StatusIn general, you must show that you havebeen lawfully admitted to the United Statesfor permanent residence in accordance withall applicable provisions of the INA ineffect at the time of admission oradjustment. This requirement applies toyour initial admission as a lawfulpermanent resident (LPR) or adjustment toLPR status, as well as all subsequentreentries to the United States.In addition, you must show that you havenot abandoned your LPR status.Abandonment of LPR status occurs whenan LPR demonstrates their intent to nolonger reside in the United States as anLPR after departing the United States.Time as a Lawful Permanent ResidentYou must be a lawful permanent residentfor 5 years before applying fornaturalization unless you are: 11Applying for naturalization basedon service in the U.S. armed forces;Applying for naturalization basedon being a spouse of a U.S. citizen,including the spouse of a U.S.AILA Doc. No. 21011542. (Posted 1/19/21)
citizen in qualified employmentoutside the United States; orA U.S. noncitizen national (personborn in American Samoa or SwainsIsland).U.S. NationalsA U.S. noncitizen national (person born inAmerican Samoa or Swains Island) mayapply for naturalization without lawfulpermanent resident status.Applicants for Naturalization Based onMilitary Service During a Time ofConflictAn applicant for naturalization under INA329 (service during hostilities) may applyfor naturalization without lawful permanentresident status, if they were in the UnitedStates or certain other specified areas at thetime of enlistment, reenlistment, extensionof enlistment, or induction.Conditional ResidenceIf you are a conditional permanent resident,in most cases you must have an approvedForm I-751, Petition to Remove Conditionson Residence, before we can approve yourapplication for naturalization. You mustfile Form I-751 within 90 days before yourconditional permanent resident statusexpires, unless you can establish goodcause and extenuating circumstances forfailing to file Form I-751 during that timeperiod.The requirement to remove conditions onresidence does not apply to militarymembers applying under INA section 329or to certain spouses of U.S. citizensemployed outside the U.S. by qualifiedorganizations under INA section 319(b).Required EvidencePermanent Resident Card. Do notinclude your Permanent Resident Card withyour
A Guide to Naturalization [Page 1] A Guide to Naturalization . To help you understand the naturalization process, USCIS developed A Guide to Naturalization (M-476). This guide provides information on eligibility requirements and naturalization procedures. If you do not already have a photocopy of M-476, you can view the guide on the USCIS .
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