Naturalization (Form N‑400) is no longer a routine “last step.” USCIS now treats many N‑400 filings as discretionary adjudications and, in some cases, enforcement touchpoints. That means thorough pre-filing screening and deliberate decision‑making are essential. Filing too soon or without resolving issues can lead to denial, referrals, prolonged uncertainty, or immigration enforcement consequences.
What has changed
1. USCIS policy and enforcement priorities emphasize investigative tools, enforcement referrals, and a broad “totality of circumstances” review of good moral character (GMC).
2. Officers now rely more on interagency databases, local police reports, social media, and prior immigration records.
3. Conduct, arrests, admissions, and even dismissed or expunged matters may be scrutinized as evidence bearing on GMC or admissibility.
Recommended pre‑filing screening checklist
• Criminal records (mandatory)
• Obtain certified records: FBI and all state/local checks where you have lived, worked, or been arrested.
• Assume every arrest, citation, or police contact matters — including dismissed, sealed, or expunged cases, civil infractions, and incidents you may think “don’t count.”
With regards to immigration history
• Obtain USCIS, CBP, and ICE records (FOIA where needed).
• Identify withdrawn asylum applications, voluntary departures, prior misrepresentations, or administrative/agency errors that could be revisited.
• Tax compliance Get IRS tax transcripts and documentation of any liabilities and payment plans.
• Social media and open‑source checks
• Audit public social media and online presence for material that could be inconsistent with GMC or raise inquiries.
• False‑claim and civic‑activity review
• Review any history of false claims to U.S. citizenship, voter registration or voting activity, selective service issues, or other civic‑status matters.
What to expect from USCIS
• Requests for certified dispositions and documentation; probing questions about dismissed or expunged matters.
• Scrutiny of conduct-based issues (drug use admissions, domestic violence allegations, false citizenship claims, voting issues, selective service lapses).
• Use of police contact logs, incident reports, field contact cards, and interagency databases (IBIS/TECS, FBI name checks, IDENT/NGI, ICE records).
• Reexamination of prior immigration filings or agency errors — USCIS may conclude prior admissions were defective even years later.
• Any criminal arrest, citation, or police contact not fully resolved.
• Recent arrests or unresolved criminal matters without strong corroborating GMC evidence.
• Significant unpaid taxes or no formal repayment plan.
• Indicators of fraud or misrepresentation in prior immigration filings.
• History likely to trigger fraud referrals, Notices to Appear (NTAs), or other enforcement action.
In many cases, delaying an N‑400 until criminal, tax, or immigration issues are resolved — or until evidence of rehabilitation or corrective steps are in place — is the best protective strategy. Naturalization is not deadline‑driven for most lawful permanent residents; filing prematurely can create unnecessary risk.
Don’t assume eligibility is routine and take the time to collect and provide full records: arrests, dispositions, FOIA results, tax transcripts, and any documents explaining prior incidents.
Be candid and thorough in disclosures to counsel; omissions or minimizations can create credibility problems.
If issues exist, consider pause strategies: resolve debts, clear criminal matters, obtain certified dispositions, and document rehabilitation before filing.
If filing proceeds, be prepared for targeted questions and requests for additional documentation or interviews.
Naturalization in 2026 is a discretionary, investigatory process that can reopen old issues and create exposure if undertaken without careful preparation. The strongest applications are thoroughly screened, well‑documented, and deliberately filed — and sometimes the best advice is to wait. If you are considering naturalization, seek individualized pre‑filing review so you understand risks and options.
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