Naturalization as a Defense to Removal Proceedings

A Lawful Permanent Resident ("LPR") in removal proceedings may have his or her case terminated for naturalization by filing an N-400, Application for Naturalization, with U.S. Citizenship and Immigration Services ("USCIS"). To establish a case for naturalization, and individual must demonstrate the following:

  • Be at least 18 years old
  • Continuous residence in the U.S. for five years
  • Continuous residence in the U.S. since the date of application
  • Physical presence for at least 30 months out of the five years immediately preceding the date of filing the applicatio
  • Be a person of good moral character
  • Establish prima facie eligibility for naturalization and “exceptionally appealing or humanitarian factors"