Correcting an answer on N400 Application, already naturalized

[ac8238 8]

A question came up from a family member that I helped with their N400 application. They have already been naturalized a couple years.

They noticed that they incorrectly answered one of the YES/NO questions on their N400 form, specifically the ones in PART 12 #48-50 (as it relates to bearing arms, non-combat service...etc)

 

I don't think the answer impacts their citizenship either way, but it is one of those things that would have been flagged and discussed during the interview, but unfortunately, the wrong answer was provided.

They really are bothered by this, so my question is, is there anyway to notify USCIS of this and make a correction on the application? I assume they retain the N400 application on file for some time, and not forever, but I could be wrong. 

 

Definitely not a lawyer, and this might be a legal question, but can they cite an answer on your application and legally bind you to do something against your will? My thinking is that people make mistakes all the time on forms and one wrong checkbox is not a huge mistake and can be properly addressed if it ever needed to come the time. Happy to hear people's thoughts on this matter.

 

Thank you.

[OldUser 6,645]

When the family member was asked yes/no questions, did they answer it correctly during N-400 interview?

 

My advice would be NOT to touch it at all.

 

There is a tiny chance this may ever become an issue, mainly if the citizen will try sponsoring somebody else.

[Family 3,988]

Those questions relate to the oath of allegiance AND willingness to fight for/bear arms on behalf of the US., and if your friend would have checked “NO” then he would not have been eligible to naturalize and the application would have been denied even before an interview was scheduled. 
 

The only exception for some religious sects , but it would have required seeking a waiver and is quite a serious issue so not an “accidental oversight “ . 
 

 

[Family 3,988]

Your friend was asked if he Understood each and every question, he said yes and then signed off . ..this at the interview, let alone the time spent preparing the N-400 filing it and months in between. 
I doubt poor English is the reason he accepted to take the oath then and stood ready express allegiance and willingness. 
 

Time has made monks even out of fiercest warriors, tell your friend to enjoy life and his chosen path, without bothering himself much on the likelihood the US will mobilize troops Putin-style. …..and no amount of legal finesses will “ untick” that box …but lots of legal leeway to avoid draft 
 

[ac8238 8]

1 hour ago, OldUser said:

When the family member was asked yes/no questions, did they answer it correctly during N-400 interview?

 

My advice would be NOT to touch it at all.

 

There is a tiny chance this may ever become an issue, mainly if the citizen will try sponsoring somebody else.

I just asked for more clarification. Yes, although they did not ask every question, the ones that were asked were answered correctly. 

 

35 minutes ago, Family said:

Those questions relate to the oath of allegiance AND willingness to fight for/bear arms on behalf of the US., and if your friend would have checked “NO” then he would not have been eligible to naturalize and the application would have been denied even before an interview was scheduled. 
 

The only exception for some religious sects , but it would have required seeking a waiver and is quite a serious issue so not an “accidental oversight “ . 
 

 

 

8 minutes ago, Family said:

Your friend was asked if he Understood each and every question, he said yes and then signed off . ..this at the interview, let alone the time spent preparing the N-400 filing it and months in between. 
I doubt poor English is the reason he accepted to take the oath then and stood ready express allegiance and willingness. 
 

Time has made monks even out of fiercest warriors, tell your friend to enjoy life and his chosen path, without bothering himself much on the likelihood the US will mobilize troops Putin-style. …..and no amount of legal finesses will “ untick” that box …but lots of legal leeway to avoid draft 
 

 

For clarity, the question of bearing arms were already answered correctly (no) based on as you said, religious grounds. A modified oath was even allowed as per USCIS policy so that is in their application files.

 

I should have been clearer in my original post, but the specific question was about performing non-combat duties in the armed forces of which they would like the answer corrected. My question was really just about the process of making modifications to an already completed N400 application.

[Mike E 11,739]

4 minutes ago, ac8238 said:

  

 

I should have been clearer in my original post, but the specific question was about performing non-combat duties in the armed forces of which they would like the answer corrected. My question was really just about the process of making modifications to an already completed N400 application.

That question is:

 

49. If the law requires it, are you willing to perform noncombatant services in the U.S. armed forces?

 

What answer did your relative give and what answer did your relative mean to give?

[Joyoussinger 1,425]

52 minutes ago, Family said:

Those questions relate to the oath of allegiance AND willingness to fight for/bear arms on behalf of the US., and if your friend would have checked “NO” then he would not have been eligible to naturalize and the application would have been denied even before an interview was scheduled. 
 

The only exception for some religious sects , but it would have required seeking a waiver and is quite a serious issue so not an “accidental oversight “ . 
 

 

Someone who can't, for deeply held moral convictions, bear arms can get a waiver based on those convictions without belonging to a religious sect.  

https://www.uscis.gov/policy-manual/volume-12-part-j-chapter-3#:~:text=Applicant is Not Required,of war.[6]

[ac8238 8]

12 minutes ago, Mike E said:

That question is:

 

49. If the law requires it, are you willing to perform noncombatant services in the U.S. armed forces?

 

What answer did your relative give and what answer did your relative mean to give?

The application was YES, they meant to say NO. 

[Mike E 11,739]

12 minutes ago, ac8238 said:

The application was YES, they meant to say NO. 

So there would have been  a modified oath available for that situation.

 

Visajourney is about DIY. The DIY approach is to renounce citizenship, apply for a new immigration visa, enter on it, and then naturalize 5 year later.  
 

Looking at the policy manual, https://www.uscis.gov/policy-manual/volume-12-part-l-chapter-1 perhaps the certificate of naturalization can be canceled as oops used to going through revocation off Citizenship or denaturalization.    
 

“The main difference between cancellation and revocation proceedings is that cancellation only affects the document, not the person’s underlying status. For this reason, cancellation is only effective against persons who are not citizens, either because they have not complied with the entire naturalization process or because they did not acquire citizenship under law, but who nonetheless have evidence of citizenship which was fraudulently or illegally obtained.”

 

One can make the argument that your relative failed to comply with the entire naturalization process.  
 

“In such cases, USCIS can initiate proceedings to cancel the Certificate of Naturalization. ^[8] Because the person holding this certificate did not obtain citizenship based on a USCIS process, the person maintains whatever immigration status he or she had.”

Thus canceling the certificate would restore your relative to an LPR.  No free green card of course, but your relative would get an I-551 stamp.  Your relative would then immediately file a new N-400.  

 

I suggest hiring an immigration attorney to correct this.  
 

 

[Family 3,988]

3 hours ago, ac8238 said:

should have been clearer in my original post, but the specific question was about performing non-combat duties in the armed forces of which they would like the answer corrected. My question was really just about the process of making modifications to an already completed N400 application.

After the oath was administered ..there is no editing nor process for altering the oath for any afterthought conscientious objections. …short of renouncing .

 

The underlying issue remains that your friend does not want to participate as a civilian in any war effort, and to it’s credit the US allows great freedom to its civilian population. 

Your friend can ease his conscience and advocate for Peace louder than the next fellow and live by his own values without worries . 
 

 

[Loren Y 2,755]

Just throwing this out there, Cost to renounce citizenship is around 2200 dollars now, and takes over a year. I wouldn't mess with it personally, I have checked wrong boxes and answered stuff wrong all thru-out my life. I still sleep well at night and don't worry about it, will deal with it when it becomes a problem.

[OldUser 6,645]

39 minutes ago, Loren Y said:

Just throwing this out there, Cost to renounce citizenship is around 2200 dollars now, and takes over a year. I wouldn't mess with it personally, I have checked wrong boxes and answered stuff wrong all thru-out my life. I still sleep well at night and don't worry about it, will deal with it when it becomes a problem.

+ I don't think this is going to be a DIY process. We're looking at north of $20K considering filing fees for renouncing, GC, naturalizing again and all legal fees. Also it's likely going to take 8-10 years to complete, realistically.

 

@ac8238 are you sure your family member is ready to go through this lengthy and expensive cycle full of unknowns just for the checkbox?

 

Also, does your family member have a different citizenship to fall back to? He / she cannot renounce US citizenship to become a stateless person. If he / she obtained the citizenship based on asylum it becomes extra interesting.

 

That would make a good book /  TV show for sure.

[ac8238 8]

54 minutes ago, Loren Y said:

Just throwing this out there, Cost to renounce citizenship is around 2200 dollars now, and takes over a year. I wouldn't mess with it personally, I have checked wrong boxes and answered stuff wrong all thru-out my life. I still sleep well at night and don't worry about it, will deal with it when it becomes a problem.

 

3 minutes ago, OldUser said:

+ I don't think this is going to be a DIY process. We're looking at north of $20K considering filing fees for renouncing, GC, naturalizing again and all legal fees. Also it's likely going to take 8-10 years to complete, realistically.

 

@ac8238 are you sure your family member is ready to go through this lengthy and expensive cycle full of unknowns just for the checkbox?

 

Also, does your family member have a different citizenship to fall back to? He / she cannot renounce US citizenship to become a stateless person. If he / she obtained the citizenship based on asylum it becomes extra interesting.

 

That would make a good book /  TV show for sure.

These are all great points both of you have brought out. I think this probably takes an immigration attorney to dissect further.

The human conscience is a powerful thing isn't it? Best I can do is present all the facts/realities of the USCIS process and let them make their own decision.

 

I was hoping to get some anecdotal experiences from people who have made corrections to their application after naturalization but the consensus seems that they may need to renounce and reapply. 

[Mike E 11,739]

Just now, ac8238 said:

the consensus seems that they may need to renounce and reapply. 

Only a rough consensus 

[Demise 1,282]

Unless your relative is a man under the age of 26 and US gets into a major war requiring a draft sometime soon I wouldn't worry about it. This will literally never come up. In the exceptionally unlikely scenario that it does, if he wants to claim conscientious objector status then really nobody will dig up his N-400 to say "In 2022 you checked yes for #48 on your N-400", where even if that were to happen the correct answer would be "Yeah, I developed a much more pacifist view since then due to [whatever, religion, all the gun violence, etc, etc], put me into army corps of engineers or some other noncombat role".

Edited November 29, 2022 by Demise