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Law Offices of Brian D. Lerner

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  • Professional Links
  • Home
  • Consultation
  • Wins
  • Blog
  • Immigration Services
    • Citizenship
      • Can your child become a U.S. citizen under the child citizenship act of 2000
      • Child status protection act
      • Gaining U.S. Citizenship Through Parents: Adult Derivative Rights
      • How to Become a U.S. Citizen – Navigating the Naturalization
    • Pins
      • USCIS Pins
      • Work Permit Pins
      • Refugee Pins
      • S-1 Visa Pins
      • Relief from Removal Pins
      • Refugee Pins
      • PERM Visa PINS
      • Nurse Petition Pins
      • National Interest Waiver Pins
      • Naturalization pins
      • Abogado de Inmigración en Los Ángeles: Experto en Casos Migratorios PINS
      • Asylum Pins
      • B-2 Visa Pins
      • Citizenship PINS
      • Adjustment of status pins
      • Consulate Processing Pins
      • DACA pins
      • Deportation Lawyer Pins
      • E-2 Treaty Investor Pins
      • DHS pins
      • EB-5 visa pins
      • EB-1C multinational manager visa pins
      • F-1 student visa pins
      • Fraud Waiver PINS
      • Green cards pins
      • H-1b visa pins
      • H-2b visa pins
      • H-4 visa pins
      • I-130 pins
      • Immigration Court Pins
      • Immigration Lawyer PINS
      • K-1 Visa Pins
      • L-1 Intracompany Transferee Visa Pins
      • Marriage Petition Pins
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      • Immigration Court
        • Winning a Deportation
        • Master calendar hearing, EOIR department of justice
        • Deportation Defense & Immigration Lawyers
        • Immigration Court System
        • Motions to reopen or reconsider
        • Immigration detention & enforcement
        • Removal proceedings for EB-5 investment applicants
      • Deportation law firm
        • What makes you Removable and Inadmissible?
        • Immigration Attorney California
      • From Inadmissible to Eligible: Waivers in Immigration Court
        • waiver under section 212(i) or Misrepresentation and Immigration Violations
        • Understanding the 3 and 10-Year Bars: A Guide to Re-entry Waivers
        • Criminal Waivers Conviction
        • Old Crime Waivers for Criminal Convictions
        • Understanding the Walsh Waiver: A Guide for Family-Based Petitions
        • Non Immigrant Waiver of Inadmissibility
    • Asylum
      • How to Apply for Political Asylum?
      • Eligibility to Apply for Asylum in Los Angeles
      • Refugee processing in Los Angeles
      • Relief from conflicts, Humanitarian practice
      • Refugee adjustment for “Refugee Status” applications
      • Asylum refugees and migrants in the U.S.
      • Child summary rights under the convention on the rights of the child
      • Los Angeles Immigration Defense and the Convention Against Torture
      • Don’t miss the upcoming Mendez Rojas one-year filing deadline
      • Relief from conflicts, Humanitarian practice
    • Nonimmigrant Visas
      • B-2 Visa Pins
        • B-2 Tourist Visitor Visa for Nonimmigrant
        • Permissible Activities while on B-2 Status
        • B2 what you must demonstrate
      • E-1 treaty trader and treaty investors visas
      • E-2 Treaty Investor Pins
        • E2 Visa Attorney/E2 Visa Lawyer
      • Electronic system for travel authorization (ESTA) visa waiver
      • F-1 student visa pins
      • H-1B Specialty Worker Visa
      • H-2B Temporary Worker Visa Requirements, Fees & Application Process
      • J Waivers Home Country Physical Presence Requirement
      • L-1 Intracompany Transferee Executive or Manager
      • M-1 student visa requirements and eligibility
      • J-1 trainee worker employer requirements
      • K-1 Fiance Visa Petition Timeline, Fees, Requirements
      • How to Qualify for an O-1 Extraordinary Ability Visa
      • P-1 Visas: Bringing Your Entertainment Group to the U.S.
      • Q-1 cultural exchange visitors
      • R-1 religious visa for religious workers
      • S-1 Visa Pins
      • T- Trafficking Visa Victims
      • TN treaty NAFTA Visa
      • U-1 Visa Victim of Crime
      • WT visitor waiver / WB business waiver
    • Family Based Immigration
      • Adjustment of status, Timeline, Fees and requirements
      • The humanitarian reinstatement
      • VAWA (Violence Against Women Act)
        • Basic requirements (VAWA)
        • Battered Spouses / Children (VAWA)
        • VAWA basic procedures
      • Understanding 245(i) Adjustment of Status for Out-of-Status Applicants
      • Marriage petition for immigration
      • Adoption through Immigration
      • Consular processing path to a green card
      • Sibling petition summary
      • §237(a)(1)(H) Waiver for Misrepresentation – Who Qualifies in Immigration Court
      • Termination of status and notice to appear considerations
      • Approved AOS and replacement of I-94
      • Approved military parole in place (PIP)
      • Family member petitions for a green card
      • Lawful Permanent Residents Can Apply for Re-Entry Permits
    • Green Card
      • Extraordinary ability visa EB1-1 U.S. green card
      • National Interest Waiver (EB-2 NIW):
      • Multinational Manager and Executive Visa
      • Nurse Petition Process and Requirements
      • Outstanding researcher or professor green card
      • Work permits application
      • PERM
      • EB-5 Investment Visa
      • Nursing application process
      • PERM Labor Certification
        • Understanding PERM: The First Step in Employment-Based Immigration
      • EB-5 Investment Visa Program
        • Target employment area’s (TEA)
        • Amount of investment visa program for EB-5
        • EB-5 qualified investment
        • Commercial enterprise definition
        • The I-829 to remove conditions on EB-5 status
        • Qualifying for the EB-5 Visa Through Job Creation Investments
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California Immigration

CA2 holds that 8 USC § 1429 bars adjudication of naturalization

February 18, 2026October 1, 2009 by Brian Lerner

Adjudication of naturalization — After you file Form N-400 (Application for Naturalization), USCIS moves through a set of stages — intake and biometrics, background checks, the naturalization interview (including the English and civics test), adjudicator decision, and, if approved, the oath ceremony. Below is a practical walkthrough of those stages and a copy-pasteable checklist to prepare applicants and attorneys for smoother adjudication.

Adjudication of Naturalization

— what happens after you file Form N-400

By Brian D. Lerner — A plain-language guide to naturalization adjudication: filing, biometrics, interview & test, decisions, denials, and next steps for applicants and counsel.

 

Overview — the stages of adjudication

First, USCIS receives and processes your N-400 filing. Next, you will receive a biometrics appointment notice for fingerprinting and identity verification; meanwhile, USCIS runs background and security checks. Then, USCIS schedules an interview at the local field office where an officer reviews your application, asks questions about your background, and administers the English and civics tests (with certain exceptions). After the interview, the officer may decide to grant, continue (for additional evidence), or deny the application. Finally, if granted, the applicant attends an oath ceremony and becomes a U.S. citizen.

Before the interview — what to do

Prepare early and therefore reduce the chance of delays. First, gather original documents: your permanent resident card (green card), passport(s), state IDs, marriage/divorce certificates, USCIS notices, and any court or arrest records with dispositions. Next, assemble proof of continuous residence and physical presence (tax returns, lease agreements, pay stubs, school or medical records). Moreover, if you claim time outside the U.S. is exempted or based on special circumstances, prepare travel records and employer letters that support your timeline. Finally, if you need accommodations (language interpreter or disability accommodations), request them in advance per USCIS instructions.

Biometrics & background checks

At the biometrics appointment, USCIS collects fingerprints and a photograph. These biometric data feed national security and criminal databases for name and fingerprint checks. Consequently, any arrests or interactions with law enforcement should be documented and explained at interview; otherwise, discrepancies can trigger a Request for Evidence (RFE) or a delay in adjudication.

The naturalization interview & tests

During the in-person interview an immigration officer will review your N-400, verify identity, and ask questions about your eligibility — for example: continuous residence, physical presence, residence and employment history, and moral character issues. In addition, the officer will administer the English language test (reading, writing, and speaking) and the civics test (knowledge of U.S. history and government), unless you qualify for an exception or waiver (for example, Age 50+ with long residency, or certain disability waivers). If you do not pass a component, you typically get a second opportunity within a reasonable timeframe. Therefore, study the civics list and practice English skills ahead of the interview.

Common reasons for “continuance” or denial

USCIS may continue (postpone) the interview if crucial evidence is missing — for example, missing tax returns, unclear travel history, or lack of court dispositions. Moreover, denials commonly rest on failures to meet statutory requirements: insufficient continuous residence or physical presence, lack of good moral character (for example, certain criminal convictions), false statements on the application, or failure to show eligibility for English/civics exceptions. If the officer finds a problem, they will explain the reason and issue written instructions on next steps or appeal rights.

Decision outcomes & next steps

  • Granted: USCIS will issue a notice for an oath ceremony; attend and take the Oath of Allegiance to become a U.S. citizen.
  • Continued: USCIS requests specific documents or schedules a follow-up — provide materials promptly and follow instructions carefully.
  • Denied: You will receive a written denial that explains reasons and whether you may appeal (Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings) or reapply. Appeals and motions must be timely; therefore consult counsel immediately if denied.

Tips for special situations

If you have criminal history, do not assume the conduct is disqualifying — instead, obtain criminal records and dispositions and consult a qualified immigration attorney to evaluate moral-character eligibility. Likewise, if you spent long periods abroad, calculate continuous residence and physical presence precisely: certain trips over 6 months or a single trip over 1 year can break continuous residence unless you can show uninterrupted ties and specific exceptions. Furthermore, military service, marriage to a U.S. citizen, and certain employment categories create alternative eligibility paths that have their own rules — so tailor preparation accordingly.

Practical checklist — documents to bring to the interview

DocumentWhy it matters
Permanent resident card (green card)Proof of lawful permanent residence and identity.
Passport(s) & travel documentsShows entries/exits to calculate physical presence.
State ID / driver’s licenseLocal ID for interview verification.
Tax returns / W-2sEvidence of continuous residence, employment, and good moral character.
Marriage/divorce certificates & name change documentsProves family relationships and legal name history.
Criminal/court records and dispositionsEssential to clear up arrests or convictions.
Evidence of selective service compliance (if applicable)Required for certain male applicants.

If you disagree with a denial — remedies

If USCIS denies naturalization, you may request a hearing before a USCIS officer using Form N-336 (Request for a Hearing on a Decision in Naturalization Proceedings). Alternatively, you might reapply after curing the disqualifying issue (for example, obtaining a court disposition or completing a required waiting period). Moreover, if you believe constitutional or legal errors occurred, consult counsel about litigation options, timing, and the viability of appeals.

Common FAQs

How long does adjudication usually take?

Times vary by field office and caseload; commonly, the process takes several months from filing to interview, but some applicants experience faster or slower timelines depending on background checks and local workload. Check USCIS processing timelines for current estimates.

Do I have to take the English and civics tests?

Generally yes, unless you qualify for an exemption or waiver (for example, age 50/20 years of residency or a qualifying disability). If you fail a test component, you are usually given a second opportunity to retake it within a defined period.

What if I forgot to list something on my N-400?

Be honest at the interview. If you omitted information inadvertently, explain and provide supporting documents. Concealment or false statements can lead to denial or later revocation, so full disclosure is critical. Consult counsel if you fear adverse consequences.

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