Can I file Form N-400 while my green card is expired?

Yes. Your green card is evidence of LPR status, but an expired card does not terminate that status. However, you will typically need to renew the card to travel internationally, and USCIS may note the discrepancy. Many attorneys recommend filing N-400 before the card expires or renewing concurrently.

How long does N-400 processing take at the Miami Field Office?

Processing times fluctuate based on filing volume and staffing. As of mid-2026, N-400 processing at most offices ranges from several months to over a year. Check the current processing times tool on uscis.gov before filing, and note that your specific wait time may differ from the published median.

I have a DUI from several years ago. Can I still naturalize?

A single DUI does not automatically bar naturalization, but it must be fully disclosed on the N-400 and you must demonstrate good moral character for the statutory period. USCIS officers have discretion. An immigration attorney should review your case before you file.

I was in Venezuela and could not return to the U.S. for 8 months due to an emergency. Did I break continuous residence?

An absence of 6 months or more but less than 1 year creates a presumption that continuous residence was interrupted. You may be able to overcome this with evidence showing your ties to the U.S. (employment, lease, family, taxes) were maintained. An attorney can help you evaluate whether and how to document this.

Does my spouse also need to apply at the same time?

No. Naturalization is individual. Spouses who are both LPRs can file separately or at different times based on their own eligibility dates and circumstances.

Is the N-400 filing fee refundable if my application is denied?

No. USCIS filing fees are generally non-refundable regardless of the outcome of the application. This is another reason a pre-filing review with an attorney is worthwhile — to avoid paying a fee and filing a case that has a foreseeable problem.

N-400 Naturalization Guide for Miami Applicants (2026)

Complete N-400 naturalization guide for Miami & South Florida. Requirements, 2026 fees, timelines, and tips from Fitenko Law PLLC in Hallandale Beach.

Fitenko Law PLLC, 600 Three Islands Blvd, Hallandale Beach, FL 33009. Phone: (305) 315-3425. Email: fitenkolaw@gmail.com

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