N-400 Naturalization Application: Pro Tips, Red Flags, and When to File
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Thinking about applying for U.S. citizenship? Form N-400 is your path—but it must be filed at the right time and under the right circumstances. From good moral character requirements to physical presence rules and tax compliance, here's what every green card holder should know before submitting their application for naturalization.
📋 What Is the N-400?
The N-400 is the official form used to apply for U.S. citizenship through naturalization. Applicants must meet requirements for:
Lawful permanent residence (typically 5 years, or 3 years through marriage to a U.S. citizen and living in marital union)
Continuous residence
Physical presence in the U.S.
Good moral character
English and civics knowledge
📆 When to File Your N-400
✅ 90-Day Early Filing Rule
USCIS allows applicants to file 90 days before completing the full 5 or 3 years of permanent residency. You must meet all other requirements when filing.
✅ Count Your Days Carefully
At least 30 months (913 days) physically in the U.S. in the last 5 years
Or 18 months for 3-year rule
Trips abroad under 6 months per trip
Avoid long absences that may break continuous residence
🚫 When Not to File the N-400
⚠️ Good Moral Character Issues
USCIS evaluates your moral conduct in the last 5 years, and sometimes earlier. Problems include but are not limited to:
Criminal convictions (even expunged ones)
DUI, drug possession, theft
Domestic violence or child neglect
Failure to pay child support
Unfiled or unpaid taxes
Failure to register for Selective Service (if required)
Etc….
⚠️ Selective Service and Age 31 Rule
If you were a male between ages 18–26 and lived in the U.S. in any status, you were likely required to register. If you didn't:
Under age 31 = risk of denial
Over age 31 = must explain in writing, but it’s often forgivable
Check status: www.sss.gov
⚠️ Tax Compliance Issues
You must have filed and paid all taxes. If you owe the IRS:
Submit your payment agreement
Include proof of recent payments
✅ Pro Tip: Don’t file until you’ve made 3+ months of consistent payments.
🔄 Filing N-400 With a Pending I-751
If you’re a conditional permanent resident filing Form I-751 (Petition to Remove Conditions on Residence (Jointly filed with your Spouse), you can file N-400 if:
You have been an LPR for 2 years and 9 months
You’ve been married to a U.S. citizen for 3 years
You're still in a valid marital union
🌎 Taking the Citizenship Test in Your Native Language
You may be exempt from the English requirement if:
Age LPR Years Test Rule
50+ 20 years Native language allowed (interpreter)
55+ 15 years Same as above
65+ 20 years Simpler civics test in native language
✈️ Travel History and Physical Presence Rules
USCIS will review every trip outside the U.S. in the last 5 years (5 year rule). You must:
Have spent at least 913 days (30 months) physically in the U.S.
Have no trip longer than 6 months
Avoid frequent travel that could suggest abandonment of residence
USCIS will review every trip outside the U.S. in the last 3 years (3 year rule). You must:
Have spent at least 18 months physically in the U.S.
Have no trip longer than 6 months
Avoid frequent travel that could suggest abandonment of residence
📌 N-400 Filing Checklist
Before filing, confirm:
✅ You’ve had your green card for 5 years (or 3 via marriage)
✅ You’ve met the 30-month physical presence rule or 18-month physical
✅ You’ve filed and paid all taxes or are on an IRS payment plan
✅ You registered for Selective Service if required
✅ No serious criminal or GMC concerns
✅ No trips > 180 days in last 5 years or 3 years
✅ You’re ready for the civics/English test or qualify for exemption
✅ Your I-751 petition is approved or strong enough to proceed concurrently
🧠 Final Thoughts
Naturalization is an exciting but serious step in your immigration journey. Filing too soon or with unresolved issues can delay or derail your case. Whether you’re considering concurrent I-751 filing or have questions about good moral character, speak to an experienced immigration attorney before filing.
Need help with your N-400 application or I-751 filing?
📞 Schedule a consultation today and take the next step toward U.S. citizenship with confidence.
Disclaimer: This post is for informational purposes only and does not constitute legal advice. Every immigration case is unique—consult with us for personalized assistance.
Call us at (862) 270-8877
Email: info@goxhajlaw.com
