For lawful permanent residents, becoming a U.S. citizen is often the final step in a long immigration journey. However, recent adjudication trends in N-400 Applications for Naturalization indicate U.S. Citizenship and Immigration Services (USCIS) is applying increased scrutiny to applications involving extended travel abroad, tax compliance issues, and criminal history concerns. Applicants who may have expected a relatively straightforward process are now increasingly encountering Requests for Evidence (RFEs), prolonged adjudications, and second interviews before receiving a final decision.
As a result, pre-filing analysis and strategic timing of the naturalization application have become increasingly important.
Increased Scrutiny of Extended Absences
One recent trend involves USCIS scrutiny of applicants who spent more than 180 days outside the United States during the statutory period for naturalization. Under the Immigration and Nationality Act, absences of more than six months but less than one year can create a rebuttable presumption that the applicant disrupted the “continuous residence” requirement for naturalization purposes. While some applicants overcome this presumption, USCIS is increasingly issuing RFEs requiring substantial documentary evidence to establish that the applicant did not abandon U.S. residence.
Following the COVID-19 pandemic, some permanent residents experienced unanticipated travel disruptions due to flight cancellations, border closures, illness, caregiving obligations for overseas family members, or other pandemic-related circumstances. Applicants who exceeded 180 days abroad by only a few days are increasingly receiving RFEs.
USCIS often requests detailed evidence demonstrating ongoing ties to the United States during the period abroad, including:
- Proof of home ownership or residential leases;
- Utility bills and other evidence of maintaining a U.S. residence;
- Bank account activity and financial records;
- Evidence of ongoing U.S. employment;
- Tax filings as a U.S. resident;
- Insurance policies;
- School enrollment records for children; and
- Other documentation demonstrating continued intent to maintain permanent residence in the United States.
Applicants should consider evaluating their travel history before filing an N-400 application, particularly where any single absence exceeded 180 days.
Some lawful permanent residents mistakenly believe that a reentry permit fully protects both their green card status and future eligibility for U.S. citizenship. While a valid reentry permit may allow a permanent resident to remain outside the United States for up to two years without being deemed to have abandoned lawful permanent resident status, it does not preserve continuous residence for naturalization purposes. Applicants who spent extended periods abroad — even with an approved reentry permit — may still face scrutiny and potential delays when applying for citizenship.
Tax Compliance Issues and Findings of “Good Moral Character”
USCIS officers are increasingly examining whether applicants have fully complied with their U.S. tax obligations as part of the “good moral character” analysis required for naturalization eligibility.
Applicants with substantial unpaid taxes may face challenges even where they have entered into payment agreements with the Internal Revenue Service (IRS). While an approved IRS installment agreement can help address concerns, USCIS may still examine whether the applicant has complied with payment obligations and demonstrated overall financial responsibility.
Failure to timely pay taxes may result in a finding that the applicant lacks good moral character, which might lead to denial of the N-400 application.
Equally notable are situations where lawful permanent residents failed to file U.S. tax returns as residents because they relied on an applicable tax treaty or filed as nonresidents. Many permanent residents are unaware that claiming non-resident tax status may carry immigration consequences.
USCIS may view such filings as evidence that the individual represented themselves as a non-resident, which can:
- Result in a finding of lack of good moral character;
- Lead to denial of the N-400 application; and
- Potentially raise questions regarding abandonment of lawful permanent resident status.
Criminal History and Increased Interview Scrutiny
Applicants with any criminal history — including arrests, dismissed charges, expungements, or older convictions — may experience heightened scrutiny from USCIS during the naturalization process.
USCIS officers are increasingly conducting extensive questioning at N-400 interviews regarding prior criminal conduct, including in cases involving minor offenses or incidents that occurred many years ago.
In some cases, applicants are being asked to provide:
- Certified court dispositions;
- Police reports;
- Evidence of completion of probation or rehabilitation programs;
- Additional testimony regarding underlying conduct; and
- Updated background documentation after the initial interview.
Second interviews and prolonged background checks have become more common in cases involving criminal history or other discretionary concerns.
Applicants should not assume that an expunged record or dismissed charge will be treated as irrelevant for immigration purposes. USCIS may still request disclosure and documentation regarding such incidents.
Delays and Second Interviews Are Becoming More Common
Across these categories, naturalization adjudications are becoming longer and more complex.
Cases involving extended absences, tax concerns, or criminal history are frequently delayed beyond standard processing times. It is increasingly common for USCIS to:
- Issue multiple RFEs;
- Continue cases after the initial interview;
- Schedule second interviews;
- Request additional supervisory review; or
- Place cases into extended background or fraud review processes.
For applicants facing these potential concerns, timing the filing of the N-400 application is important.
Where applications are stalled following RFEs, continued interview review, or prolonged background checks, federal mandamus litigation may provide a remedy. In appropriate matters, mandamus actions have been filed in federal district court to compel USCIS to resume adjudication and issue decisions on delayed naturalization applications. Mandamus litigation is not appropriate in every case, but it may be a strategic option where applications remain unreasonably delayed without meaningful government action.
The Importance of Strategic Pre-Filing Analysis
Some applicants remain eligible for naturalization despite prior travel, tax, or criminal history complications. Filing prematurely or without sufficient preparation, however, may create unnecessary risk.
In some situations, delaying filing may strengthen a case by allowing additional time to establish continuous residence, resolve tax liabilities, or address prior criminal issues. In others, assembling supporting documentation before filing may help minimize delays and reduce the likelihood of adverse findings.
Given the level of scrutiny currently being applied by USCIS, applicants should consider asserting potential issues before submitting an N-400 applications and may wish to develop a strategy to address them.
