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 (2025 version: 12 correct out of 20 questions from a list of 128). 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 128 questions of the 2025 civics test (covering US history, government structure, Constitution, etc.). During the test, 20 questions are asked orally — 12 correct answers to pass (N-400s filed before October 20, 2025 use the 2008 test: up to 10 of 100, 6 correct). 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 (12 correct out of 20). 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 (12 of 20), 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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