Virginia Beach, VA asked in Immigration Law for New York

Q: N-400 re-apply

I withdrawn my marriage based n-400 after more than a year pending, but i haven't received acknowledgment from USCIS that they consent to the withdrawal. I would like to refile now based on 5-year rule? Can i do that in the current situation? i have no criminal record

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2 Lawyer Answers
Carl Shusterman
Carl Shusterman
Answered
  • Immigration Law Lawyer
  • Los Angeles, CA

A: Yes, you can. To be eligible for naturalization, you must:

Be a lawful permanent resident of the United States for 5 years, or 3 years if married to a U.S. citizen for a minimum of the 3 years (although there are certain exceptions to this requirement for persons who have honorable service in the U.S. Armed Forces);

Be physically present in the United States for over 50% of the required residency period;

Be a person of good moral character;

Take an oath of loyalty to the United States;

Be able to speak, read and write simple words and phrases in the English language (although there are certain exceptions to this rule); and

Pass a test in US history and government.

Leonard R. Boyer agrees with this answer

Leonard R. Boyer
Leonard R. Boyer
Answered
  • Immigration Law Lawyer
  • Clifton, NJ

A: Yes you can file, but you need to retain an experienced immigration attorney to handle this matter. You have no more room for mistakes.

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