Standard Operating Procedure
N-400 Naturalization
Lawful permanent resident applying for US citizenship
Form N-400 is the path for lawful permanent residents to become US citizens. Generally requires 5 years of LPR status (3 years if married to a US citizen) and meeting the physical presence requirement. Applicants must pass an English proficiency test and Civics Test (6 out of 10 random questions from a pool of 100). Physical presence calculation and trip log are required.
Overall Workflow
Confirm LPR duration (5-year general rule / 3-year marriage rule). Calculate physical presence: 5-year path requires 30 months / 3-year path requires 18 months physically in the US. Review departure records — single trips over 6 months may break continuous residence, over 1 year almost certainly breaks it.
1-3 days
Use the N-400 Part 7 Trip Log template to help the client compile all departure/entry records.
Review applicant's good moral character during the statutory period (3 or 5 years): criminal records, tax obligations, child support, Selective Service registration (males 18-26). Criminal records require assessment of whether they constitute a bar or need further analysis.
The N-400 naturalization application requires no employer or sponsor involvement. The applicant files directly with USCIS as an individual. This role is not applicable.
If applying under the 3-year marriage rule (married to USC for 3 years), the USC spouse does not sign the form, but may be asked to provide evidence of ongoing marriage at the interview. Recommend spouse prepare joint tax returns and co-habitation proof.
Compile all departure/entry records from green card receipt to present. Include departure date, return date, destination country, and purpose for each trip. Sources: passport stamps, I-94 records, flight records. Ensure no single trip exceeds 6 months.
Trips exceeding 6 months require additional explanation. Save all flight tickets and entry/exit evidence.
Study the 100 civics test questions (covering US history, government structure, Constitution, etc.). During the test, 10 random questions are asked orally — 6 correct answers to pass. Also practice English reading and writing skills (must read and write English sentences at the interview).
USCIS website provides free study materials and practice tests: uscis.gov/citizenship/test.
Complete Form N-400 with comprehensive trip log, tax records, marriage/divorce records. File online (most cases) or by mail. After filing, arrange civics test tutoring.
Preparation 1-2 weeks, processing 8-14 months
Accompany client to USCIS interview. The interview includes an English test (reading/writing/speaking) and civics test (6 out of 10). Attorney presence helps clarify complex issues and protect client's rights. Follow up on results after interview.
Applicants 65+ with 20+ years of LPR status may take the test in their native language with a reduced pool of 25 questions.
Attend the USCIS office at the scheduled time. First take the English test (read one sentence, write one sentence), then the civics oral test (6/10), then the officer reviews the N-400 form content and identity. Interview is approximately 30-60 minutes.
After passing the interview, attend the Oath Ceremony and recite the Oath of Allegiance. Surrender the green card at the ceremony and receive the Certificate of Naturalization (N-550). Afterward, apply for a US passport and register to vote.
After passing the interview, attend the Oath Ceremony. Some offices offer same-day oath. Upon taking the oath, the applicant officially becomes a US citizen and receives the Certificate of Naturalization (N-550).
1-6 weeks after interview
Steps by Role
Attorney Procedures
Confirm LPR duration (5-year general rule / 3-year marriage rule). Calculate physical presence: 5-year path requires 30 months / 3-year path requires 18 months physically in the US. Review departure records — single trips over 6 months may break continuous residence, over 1 year almost certainly breaks it.
Use the N-400 Part 7 Trip Log template to help the client compile all departure/entry records.
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