Documents to Include with Your N-400

Applying for citizenship in the U.S. is an exciting step in anyone’s immigration journey. However, like all things having to do with immigration, it can also be quite stressful and confusing. Some common questions include: 

↠ What form(s) do I use?

↠ How do I answer the questions?

↠ What if I fill part of it out wrong?

↠ What documents do I include?

↠ What can I expect at the interview?

↠What happens if I don’t pass the civics and history test?

This article will focus on the “What documents do I include?” question. Specifically, this article will address what documents to include when you are applying for naturalization because you have been a lawful permanent resident who is married to and residing with a U.S. citizen spouse for at least three years. This article will assume the applicant has no arrests, citations or detention and has not been separated from the U.S. citizen spouse. Basically, it is assuming a completely “clean” and straightforward case.

Here are the documents we include with these applications: 

↠ A copy of the front and back of the applicant’s green card; 

↠ A copy of the applicant’s tax returns for the most recent three years. If an applicant 

   files as “married but filing separately,” we also include the spouse’s taxes;

↠ A copy of the applicant’s marriage certificate and, if applicable, proof that all prior 

   marriages for the applicant and the applicant’s spouse have been terminated;

↠ If applicable, we attach the birth certificates for the applicant’s children;

↠ Proof that the applicant has been residing with their U.S. citizen spouse for three 

   years. This can include joint leases or mortgages, joint insurance statements, joint bills 

   covering the three year period, etc.

↠ Evidence of the Applicant’s good moral character. In practice, if an applicant has no 

   arrests, citations, detention, etc., letters of recommendation are generally not 

   necessary. This changes if the applicant has negative information in their record. 

If you have any questions about eligibility for naturalization, what documents to include, etc., you should consult with an attorney.

TPS Extended for Certain Countries

USCIS issued a notice announcing the extension of Temporary Protected Status (TPS) for the following countries: (1) El Salvador; (2) Haiti; (3) Nicaragua; (4) Sudan; (5) Honduras; and (6) Nepal. If you are the beneficiary of TPS from one of these countries, that means that USCIS has automatically extended your employment authorization document (work card). USCIS has also extended I-94s for TPS beneficiaries from the above countries. 

For beneficiaries of TPS from the above-listed countries, USCIS has extended the validity of employment authorization through December 31, 2022 provided the authorizations were issued during a certain time frame. If you have questions about the validity of your TPS or work authorization, you should contact an attorney to review your documentation. 

COVID VACCINE REQUIREMENT FOR MEDICAL EXAMS

U.S. Citizenship and Immigration Services (USCIS) announced that, as of October 1, 2021, immigrants subject to the requirement of a medical examination must complete a COVID-19 vaccine series and provide documentation of vaccination. This applies to all medical exams signed on or after October 1, 2021. For exams completed on or after October 1, 2021, applicants must provide proof of vaccination in the form of a record or medical chart with notes from appropriate medical personnel. Self-reported vaccinations will not be accepted as proof of vaccination. 

There are blanket waivers to the vaccination requirement in the following circumstances: 

1. If an applicant is too young to receive the vaccine; 

2. If an applicant has a medical contraindication to the vaccine; 

3. If an applicant resides in an area where the applicant does not have access to an 

     approved vaccine or the supply is so low that it would cause an unreasonable delay in 

    the applicant’s application;

Applicants can apply for an individual waiver based on religious or moral objections. If an applicant seeks an individual waiver, the applicant needs to file a Form I-601. To obtain a waiver of the vaccination requirement, an applicant must establish the following: 

1. The applicant must be opposed to all vaccines in any form; 

2. The applicant’s objection must be based on religious or moral beliefs; and 

3. The applicant’s religious belief or moral conviction must be sincere. 

These waivers are also subject to an officer’s discretion, which means that prior to granting a waiver, in addition to considering the above-listed requirements, the officer will determine if the waiver should be granted as a matter of discretion.

Important Updates to USCIS Policy

USCIS recently announced several policy updates aimed at improving immigration services. These changes impact requests for expedited processing, the validity period for certain employment authorization documents, also known as “work permits,” and the issuance of Requests for Evidence and Notices of Intent to Deny. 

Requests for Expedited Processing

USCIS reinstated its policy of allowing nonprofits whose request is in furtherance of cultural and social interests of the U.S. to request expedited processing for benefits even if the application is eligible for premium processing. USCIS also clarified the circumstances under which work permits can be expedited based on severe financial loss to a person or company. USCIS clarified that job loss can be sufficient to show severe financial loss to an applicant or company based on the individual circumstances. 

Validity Period for Certain Work Permits

Certain applicants for adjustment of status are eligible to receive a work permit while applications to adjust status are pending. Prior to the new policy guidance, the work permit would be valid for only one year. USCIS will now issue those work permits with a validity period of two years. 

Requests for Evidence and Notices of Intent to Deny

USCIS announced that they are once again following the policy guidance from their June of 2013 memo when adjudicating applications for benefits. Under this memo, if an application is submitted that is missing evidence that could demonstrate eligibility, the proper course of action is for USCIS to issue a Request for Evidence or Notice of Intent to Deny and give the applicant time to submit the requested evidence or correct a deficiency in the application. In July of 2018, the Trump Administration rescinded the June 2013 memo and empowered officers to simply deny applications instead of issuing a Request for Evidence or Notice of Intent to Deny. This caused harm to applicants who submitted applications that omitted documentation or information through an innocent mistake. USCIS rescinded the July 2018 memo and will, once again, be following the June 2013 memo. 

Where Is My Receipt Notice?

If you filed an application for an immigration benefit recently and found yourself wondering if you will ever receive a receipt notice, you are not alone. As of January 29, 2021, most lockboxes were experiencing significant delays in processing applications. A summary, broken down by lockbox, is detailed below. 

Dallas Lockbox

The Dallas Lockbox has approximately 415,000 cases awaiting production of a receipt notice. 

Phoenix Lockbox

The Phoenix lockbox has approximately 67,000 envelopes in the processing queue awaiting production of a receipt notice. 

Chicago Lockbox

The Chicago Lockbox is providing receipt notices within approximately one week of receiving the application. 

If you are filing an application, we recommend also submitting Form G-1145, E-Notification of Application/Petition Acceptance. This form allows USCIS to send you a text message and email when your case is processed. The messages will also include your receipt number. This won’t speed up the process of USCIS getting through their queue but it will alert you that your case is in process while you are waiting for your receipt notice.