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Naturalization Procedures with Forms
Naturalization Procedures with Forms is the definitive legal guide to U.S. naturalization, combining historical analysis with current procedural insight for attorneys, immigration officials and policy professionals.
Publisher: Matthew Bender
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International Order InquiryNaturalization Procedures with Forms delivers a complete, practice-oriented overview of U.S. citizenship law and the naturalization process. Written by Kathrin S. Mautino, one of the nation’s foremost experts on American citizenship law, this treatise offers a unique blend of legal precision, historical depth and real-world applicability.
From initial lawful permanent resident status to the final oath of citizenship, the book covers every step with clarity and authority. It provides exhaustive guidance on eligibility, documentation, loss of citizenship, dual nationality, derivative citizenship, good moral character, and special procedures for military personnel and family members. Each chapter is enriched with statutory references, case law and sample forms, including DS-11, N-400, N-600 and more.
The treatise is especially useful for USCIS officials, consular officers, immigration attorneys and government adjudicators who need accurate, up-to-date information on evolving naturalization laws and policies. With numerous appendices featuring historical documents, charts and sample filings, this title is both a procedural manual and a research companion. Updated annually, it ensures compliance and confidence in every citizenship case.
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Chapter 1: Introduction—What Is Naturalization?
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§1.01 Terms and Concepts of Naturalization
§1.02 Underpinnings of Naturalization Laws
§1.03 Can the 14th Amendment Be Changed Without a New Constitutional Amendment?
§1.04 Development of a System of Naturalization Under Article 1
§1.05 Special Naturalization Procedures for Groups and Individuals
§1.06 Basic Methods of Naturalization Today
Chapter 2: Citizenship at Birth—Birth in the United States
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§ 2.01 What Constitutes the United States?
§ 2.02 Other Situations
§ 2.03 Questions of Proof and Foundlings
§ 2.04 Groups of Individuals Who Are Not United States Citizens Even if Born in the United States
Chapter 2A: United States Passport Application Form DS-11
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§ 2A.01 Overview of Form DS-11
§ 2A.02 Limitations on Who Can Get a United States Passport
§ 2A.03 Completing the United States Passport Application
§ 2A.04 Issues of Proof of Birth in the United States
§ 2A.05 Issuing a Passport To a Child
Chapter 3: Citizenship at Birth—Birth Outside the United States
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§ 3.01 Legal Framework
§ 3.02 Contrast Between Birth Abroad and Birth in the United States
§ 3.03 Early Law Related to Transmission of Citizenship
§ 3.04 The 1934 Act
§ 3.05 The 1940 Act
§ 3.06 The Immigration and Nationality Act of 1952
§ 3.07 Retroactive Beneficial Changes to the Physical Presence Requirement in 1956 and 1966
§ 3.08 Beneficial Change to Retention Requirements in 1957 and 1972
§ 3.09 1978 Elimination of the Retention Requirement
§ 3.10 1986 Amendments
§ 3.11 Resumption of United States Citizenship Under the 1994 Act
§ 3.12 Restoration of United States Citizenship to Women Who Were Denaturalized Due to Marriage
§ 3.13 2019 Change to Interpretation of Residence
§ 3.14 Issues Related to the Relationship Between a Parent and a Child
Chapter 3A: Forms Used to Establish United States Citizenship for Those Born Overseas
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§ 3A.01 Passport Application Form DS-11
§ 3A.02 Consular Report of Birth Abroad Form DS-2029
§ 3A.03 Application for Certificate of Citizenship Form N-600
Chapter 4: Automatic Loss of United States Citizenship
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§ 4.01 Automatic Loss of United States Citizenship in Contrast to Denaturalization
§ 4.02 Historical Acts Affecting the Automatic Loss of Citizenship
§ 4.03 Standard of Proof for Loss of Nationality
§ 4.04 Specific Grounds for Loss of United States Citizenship
§ 4.05 Duress in the Context of Loss of United States Citizenship
§ 4.06 Consequences of a Finding That an Individual Did Not Lose United States Citizenship
Chapter 4A: Certificate of Loss of Nationality and Cancellation of Certificate of Citizenship Forms
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§ 4A.01 Certificate of Loss of Nationality Form DS-4083
§ 4A.02 Revocation of United States Passport
§ 4A.03 Cancellation of Certificate of Citizenship
Chapter 5: History of Naturalization Procedures, Basic Concepts
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§ 5.01 Development of a Unform System of Naturalization
§ 5.02 Early Naturalization Laws
§ 5.03 Naturalization laws in the 20th and 21st Centuries
Chapter 6: Admission as a Lawful Permanent Resident
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§ 6.01 Admission as a Lawful Permanent Resident—General Concepts
§ 6.02 Categories of Immigration
§ 6.03 Other Methods of Granting Lawful Permanent Residence
Chapter 6A: Eligibility and Misrepresentation in Immigration Application Forms
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§ 6A.01 Initial Review of Immigration Status
§ 6A.02 Waivers of Inadmissibility
§ 6A.03 Examples of Potential Red Flags Related to Original Immigration
Chapter 7: Age, Residence, and Physical Presence Requirements
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§ 7.01 Age at the Time of Filing for Naturalization
§ 7.02 Residence Requirements After Admission as a Lawful Permanent Resident
§ 7.03 Special Situations Involving Residence In the United States
§ 7.04 Loss or Abandonment of Residence and Preserving Status
§ 7.05 Exemptions From Residence in the United States
§ 7.06 Physical Presence Requirement
Chapter 7A: Age, Residence, and Physical Presence On the Naturalization Form
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§ 7A.01 Age at the Time Application is Filed—Form N-400 Appendix A, Form N-400, Application for Naturalization
§ 7A.02 Residency in the United States
§ 7A.03 Physical Presence in the United States
Chapter: 8 Good Moral Character
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§ 8.01 Definition of Good Moral Character
§ 8.02 Required Period of Good Moral Character for Naturalization
§ 8.03 Permanent Bars to Establishing Good Moral Character
§ 8.04 Conditional Bars to Establishing Good Moral Character
§ 8.05 Present Standard for Analyzing Good Moral Caracter
Chapter 8A: Good Moral Character On the Naturalization Form
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§ 8A.01 Good Moral Character Form N-400 Appendix A, Form N-400, Application for Naturalization.
§ 8A.02 [Reserved]
Chapter 9: Other Naturalization Requirements
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§ 9.01 Ability to Speak, Read, Write and Understand Basic English
§ 9.02 Knowledge of United States History and Government
§ 9.03 Attachment to the Constitution
Chapter 9A: English Requirements, Civics Requirements and Attachment to the Constitution On the Naturalization Form
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§ 9A.01 English Language Requirements — Form N-400
§ 9A.02 United States History and Civics Requirement
§ 9A.03 Attachment to the United States Constitution
§ 9A.04 Fee Waiver
Chapter 10: Special Rules for Military, Spouses, and Children
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§ 10.01 Military Naturalization
§ 10.02 Spouses and Certain Immediate Family Members of United States Citizens
§ 10.03 Children of a United States Citizen
Chapter 10A: Forms for Special Naturalization Classifications — Military, Spouses, and Children
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§10A.01 Spouses of United States Citizens — Exception to the N-400
§10A.02 Qualifying Military Service Form N-426
§10A.03 Derivative Naturalization of Children Form N-600
§10A.04 Naturalize Children from Overseas Residence (INA 322) Form N-600K
§10A.05 Posthumous Naturalization of Military Personnel
Chapter 11: Denial of Citizenship, Rights of Appeal, and Revocation of Previously Granted Citizenship
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§ 11.01 Denial Generally
§ 11.02 Denial of a United States Passport Application
§ 11.03 Denial of an N-600 or N-600K Application
§ 11.04 Failure to Make a Decision on an N-400 Within 120 Days of Interview
§ 11.05 Denial of an N-400
§ 11.06 Denaturalization
§ 11.07 Cancellation of a Certificate of Naturalization or Certificate of Citizenship
Appendices
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Appendix A — Form N-400, Application for Naturalization
Appendix B — Other Related Forms
B1 Form DS-11, Application for a U.S. Passport
B2 Form DS-2029, Application for Consular Report of Birth Abroad of a Citizen of the United States of America
B3 Form DS-4079, Questionnaire - Loss of United States Nationality; Attestations
B4 Form DS-4080, Oath/Affirmation of Renunciation of Nationality of United States
B5 Form DS-4081, Statement of Understanding Concerning the Consequences and Ramifications of Renunciation or Relinquishment of U.S. Nationality
B6 Form DS- 4083, Certificate of Loss of Nationality of the United States
B7 Form I-130, Petition for Alien Relative
B8 Form I-131, Application for Travel Documents, Parole Documents, and Arrival/Departure Records
B9 Form I-290B, Notice of Appeal or Motion
B10 Form I-912, Request for Fee Waiver
B11 Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings Under Section 336
B12 Form N-426, Request for Certification of Military or Naval Service
B13 Form N-470, Application to Preserve Residence for Naturalization Purposes
B14 Form N-600, Application for Certificate of Citizenship
B15 Form N-600K, Application for Citizenship and Issuance of Certificate Under Section 322
B16 Form N-644, Application for Posthumous Citizenship
B17 Form N-648, Medical Certification for Disability Exceptions
Appendix C — Citizenship and LPR Charts
C1 Nationality Chart 1 - Children Born Outside the United States in Wedlock
C2 Nationality Chart 2 - Children Born Outside the United States Out of Wedlock
C3 Nationality Chart 3 - Derivative Citizenship of Children
C4 Nationality Chart 4 - Children of U.S. Citizens Regularly Residing Outside United States (INA 322)
C5 Immigrant Classes of Admission — Office of Homeland Security Statistics (OHSS)
C6 Sample LPR Card
Appendix D — Historical Orders, Memos, Forms, and Documents
D1 Military Accessions Vital To National Interest (MANVI) Program Eligibility (November 2014)
D2 1924 Citizenship Act for Native Americans
D3 Chronological List of State Admissions
D4 PA-2021-17, Assisted Reproductive Technology and In-Wedlock Determinations for Immigration and Citizenship Purposes (August 5, 2021)
D5 Form I-130, Petition for Alien Relative (2017 version)
D6 Act Certifying Eugenia Cortes Satisfies English Requirement
D7 Fact Sheet - USCIS Naturalization Test Redesign – (January 22, 2007)
D8 Memorandum 35.2HQ 70/ from Don Neufeld, Acting Associate Director, Domestic Operations, Naturalization Interview Process Changes (April 25, 2008)
D9 PA-2021-02, Revising Guidance on Naturalization Civics Educational Requirement (February 22, 2021)
D10 Executive Order Expedited Naturalization of Aliens and Noncitizen Nationals Serving in An Active-Duty Status During the War on Terrorism (July 3, 2002)
Appendix E — Superman: U.S. Citizen or Illegal Alien? An Examination of Superman's Citizenship in Light of the DC Comics Plan to Have Him Renounce U.S. Citizenship
Appendix F — Tea and Citizenship: How American Citizenship Laws Impact the Crawley Family of Downton Abbey