N-400 Naturalization Approval — Meeting the 5-Year LPR Continuous Residence, English/Civics Test, and Good Moral Character Requirements

IMMIGRATION LAW · SONG LAW FIRM SUCCESS STORY

Client Profile

• Nationality: Korean, LPR (green card holder) for five years plus.
• Married couple in their 40s, residing in NJ. Continuous US residence maintained since obtaining LPR status.
• Occupation: husband holds a full-time IT position; wife raises two children (ages 5 and 7) and works part-time.
• Children: both LPRs. Upon parents' naturalization, they derive citizenship automatically and will file for the N-600 Certificate of Citizenship.

Case Background

The client had held LPR status for over five years, completed English study, maintained continuous US residence in the last five years (no trip exceeding 180 days abroad), and had no criminal record. Because both children are LPRs and under 18, they qualify for automatic citizenship under the Child Citizenship Act of 2000 (INA §320) once a parent naturalizes. N-400 and N-600 were prepared together.

Legal Issues

N-400 (INA §316; 8 CFR §316) requires:

• Continuous residence: at least five years as an LPR (three years if married to a US citizen).
• Physical presence: at least 30 months in the US during those five years.
• Good moral character: no disqualifying conduct in the past five years (DUI, criminal conviction, false statements, etc.).
• English ability: basic reading, writing, and speaking (exceptions for age 65+ with LPR 20 years, etc.).
• Civics knowledge: 10 randomly selected questions from a 100-question civics test, 6 correct.
• Oath of Allegiance.
• Attachment to the Constitution.

Good moral character under §101(f) separates permanent bars (murder, genocide, etc.) from five-year period bars (DUI, false claim to US citizenship, etc.).

Song Law Firm Strategy

Song Law Firm identified travel history verification and tax filing as the most common causes of N-400 delay and built a preparation plan.

• Continuous residence: passport stamps for the last five years, I-94 travel history printout, airline records. Total time abroad kept within 90 days.
• Tax compliance: five years of IRS Form 1040 with joint filing status. Selective Service registration confirmed for the husband.
• Good moral character: FBI background check clearance, no arrest records or DUI/criminal charges in the past five years.
• English and civics preparation: 100 civics questions (2008 version applicable), English reading and writing sample sentences.
• N-600 parallel filing: prepared N-600 Certificate of Citizenship for both children, confirming Child Citizenship Act criteria (under 18, LPR status, resides in the parent's legal and physical custody).
• Interview prep: two mock interviews covering 30 anticipated questions (reasons for coming to the US, recent travel schedule, 20 civics questions).

Process

• N-400 filed (May 2026).
• Biometrics completed (June 2026).
• USCIS interview scheduled (August 2026).
• Interview passed: basic English reading and writing, 8 of 10 civics correct, good moral character confirmed, tax returns reviewed.
• Oath ceremony scheduled (September 2026).
• Oath ceremony attended, N-550 citizenship certificate issued.
• Separate N-600 filings for both children (September 2026).

Result

• N-400 approved, US citizenship obtained.
• Spouse's separate N-400 filed; adjudication expected next year.
• Both children automatically became citizens; N-600 Certificate of Citizenship applications in processing.
• US passport issuance enables freer international travel and future immediate-relative F1 green card sponsorship for parents.

Lessons

• Travel history verification is the most common N-400 delay driver.
• Aggregate time abroad over the last five years above 180 days triggers a continuous-residence review; 180-365 days is a rebuttable presumption and above 365 days is presumptive abandonment.
• Tax filing errors (unfiled, late, or incorrect status) can escalate into good moral character concerns; verify five years via IRS transcript.
• DUI or drug-related convictions can trigger a five-year wait from the incident date.
• N-600 for children is automatic upon parental naturalization, but the certificate itself must be filed separately.
• Newark USCIS Field Office interview lead time runs 6-10 months, similar to NYC. Song Law Firm has extensive N-400 experience and interview coaching.