INS ADDRESSES CASES OF CERTAIN PREMATURELY FILED NATURALIZATION APPLICATIONS

The INS has announced a new policy for handling naturalization cases filed prematurely. These would include cases filed more than 90 days before an applicant is actually eligible to naturalize and become a US citizen or cases filed by older long-time permanent resident applicants seeking exemption from the English and Civics requirements for naturalization but who did not meet the length of residence and age requirements at the time of filing. The English and civics exemption is available to people over age 55 who have resided continuously in the US for 15 years since getting permanent residency or people over age 50 who have been residing continuously in the US for 20 years since permanent residency.

Previously, applicants who filed early would have their applications rejected – possibly at the end of a multi-year wait and then have to start the process all over again. The INS has now realized that this often creates an undue hardship and has announced a new policy to handle these cases. The new policy basically allows eligible applicants to withdraw their petition at the interview, refile on the spot and have their case proceed as if there were no disruption. The case can be completed immediately, but the fingerprints must still be current (i.e. less than 15 months old) or the case will be delayed while new fingerprints are cleared. A new fee will not be required in these cases.

To be eligible for this procedure, the naturalization applicant must meet the following criteria:

1. The application was filed before June 29, 1999;
2. The INS determines that the application was unintentionally filed more than 90 days before the applicant met the continuous residence requirements OR the applicant, in reliance on the form instructions, filed an N-400 seeking an age and residence-based exemption from the English language or civics requirements; and

On the date of the naturalization examination, the applicant has met the continuous residence requirement or is eligible for the 55/15 and 50/20 residence based exemptions noted above.

< Back | Next >

Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk.