Starting May 5, 2014, the USCIS has required naturalization applicants to use its new Form N-400, Application for Naturalization. So the new form has been out long enough for us to get to know all its 21 pages and evaluate its new features:
Barcode: The form is 11 pages longer than its predecessor, and features a barcode at the bottom of each page. This is the same type of barcode now found on the form for attorney representation, Form G-28. To prepare a barcode form, only certain kinds of characters are permitted in each field so that answers are constrained. For example, we usually write the address of our office as 1212 7th Ave. N. But on barcode forms, the “.” After Ave and N are unacceptable. For dates, the barcode wants an exact date in the format DD/MM/YYYY. Where we used to write November 2013 for a residence date, we now need the precise day as well, or our client’s best guess as to the exact date. There are good things about the barcode, as well, though. The immigration service can scan the barcode for Form N-400 and automatically upload all the information on the form to their system without taking the time to enter in the applicant’s responses. This saves the government time in adjudicating cases.
Practice Tip: If you need to make any changes to Form N-400, do not use white out if you make a mistake and then write the new information into to the form. Your edits will not be reflected by the barcode and the new information will not make its way into the government database.
Eligibility Questions: The law concerning naturalization has not changed with this new form, and eligibility is determined the same way. The form now explicitly refers to expedited naturalization, though, which is great because it may cause more people to be aware of this wonderful option for some applicants. Under the expedited naturalization option, the spouse of a U.S. citizen employed by a U.S. company abroad (or the U.S. government abroad) may apply for naturalization immediately upon becoming a permanent resident and have the mandatory three-year continuous residence period waived.
Practice Tip: Some permanent residents are married to U.S. citizens AND have been permanent residents for more than five years. The form allows the applicant to choose between applying after three years on the basis of marriage to a U.S. citizen OR on the basis of five years as a permanent resident. Applicants meeting both criteria should choose the five year option. That way, it is not necessary to prove shared residence with the U.S. citizen spouse.
English Language Exemption: Most naturalization applicants are required to take an English test and a U.S. civics test. There have always been exceptions to that general rule based on age and number of years as a permanent resident, though. The new form puts the exemption rules right on the form, which is a positive change in our view.
Family (parents, spouse, prior spouse, children): The new form asks for more information about the applicant’s parents. If the applicants responds that one or both of his or her parents is a U.S. citizen, they must include that parent’s complete name and date and place of birth. For the applicant’s current spouse, the new form asks about membership in the U.S. Armed Forces, any other names the spouse has used, and the name of his or her current employer. If the applicant has been previously married, the new form adds questions as to the prior spouse’s date of birth and country of birth and nationality. Finally for the family section, the new form asks applicants to clarify their relationship with any child, offering choices including “biological child, stepchild, legally adopted child.” By including the stepchild option, the form answers the often-asked question, “Should I put my spouse’s children on the form?”
Physical Information: The new form no longer asks for the applicant’s weight. The questions as to race, hair and eye color and height remain.
Trips Outside the U.S.: One of the very positive changes to the form is that it only asks for specific dates of departure and return for trips during the past five years. The old form asked for trips since the applicant became an LPR, which was very onerous for long-term LPRs who struggled to remember the dates of travel from 20 years ago.
New security questions: In addition to the existing list of questions for naturalization applicants gauging eligibility and good moral character, the form now includes additional questions relating to terrorism, persecution, torture, or genocide as required by the Intelligence Reform and Terrorism Prevention Act of 2004. The wording of questions about fraud and deportation proceedings is more precise on the new form, specifically asking about any fraudulent information or documentation, and whether the applicant was ever placed in deportation proceedings. The good moral character and related questions now take up six full pages of the Form N-400.
U.S. Armed Forces: The government now wants more information about the applicant’s U.S. military service, including upcoming deployment and any history of discipline or discharge.
As you can see, the N-400 naturalization application form is much longer and more comprehensive than ever. While legal naturalization requirements remain the same, the new information contained in the application form gives the government additional avenues to challenge applicants’ eligibility. Because of its increasing complexity, you should be extra careful when filling the N-400 form.