the road to citizenship

The Road to CitizenshipMay 18, 2011

Hosted by:

Bashyam Spiro LLP Immigration Law Group

Ame Coats&

Murali Bashyam

www.bashyamspiro.com

Outline

1. Benefits of Citizenship2. Requirements for

Citizenship3. The English & Civics

Tests4. Application, Interview,

and Oath Procedures

Today’s Dialogue Map…

Benefits

• Right to Vote

• Ability to Sponsor Certain Relatives for Lawful Permanent Residence in the US

• Freedom to Reside Abroad

Consequences

You may lose citizenship with another country.

Check with the country’s embassy in the United States.

General Requirements

• At least 18 years old

• Lawful Permanent Resident for 5 Years

Exceptions include:• Spouses of US Citizens (Must be LPR for 3 years and still be living with

spouse.• Must prove shared life.• Members of the US Armed Forces

• 3 months residing within the state or USCIS district

• Physical Presence – ½ of the required period in LPR status must be physically present in the US

• Continuous Residence

Absences between 6 months and 1 year—Presumption that the requirement of continuous residence has been broken. However, you can present evidence of ties to the US during this period which may overcome this presumption.

Absences of more than 1 year—Automatically break continuity of residence

Residency Requirements

Good Moral CharacterRequirement

Generally USCIS looks at the 5 year period prior to filing (or 3 years if married to USC)

Common Problems• Criminal Issues• USCIS finds problem with Applicant’s old

green card case• Failure to register for selective service• Failure to pay child support• Failure to pay taxes

Principals of ConstitutionRequirement

Attachment to the Principles of the Constitution Required.

Common Problem Regarding Oath of Allegiance:

• If the law requires it, are you willing to bear arms on behalf of the US?

• If the law requires it, are you willing to perform noncombatant services in the US Armed Forces?

Ability to Read, Write, and Speak English:The Test:Informal—Ability to answer questions asked by USCIS ExaminerFormal—Write a sentence which is read aloud by Examiner & read a sentence selected by Examiner.

USCIS has posted 2 vocabulary lists to study…

English Test

Knowledge of US History and GovernmentThe Test:• At the interview, the Examiner will ask up to 10 questions aloud.

o You must get 6 out of 10 correct.

• USCIS posts 100 questions for study purposes. Examiner will draw questions directly from this list.

Civics Test

What happens if I don’t pass the English or Civics Test?

• Second Chance Interview Possible

• Exempted from English Requirement: o Over 50, LPR for 20 yearso Over 55, LPR for 15 years

• Easier Civics Test o Over 65, LPR for over 20 years

• Waiver: If disability or mental impairment prevents Applicant from learning English/Civics or demonstrating knowledge of English/Civics.

Fear of Failure!

• Filed on Form N-400 which can be found at http://www.uscis.gov/n-400

• Application Fee - $680

• Filing location depends on state. o See form instructions.

• Average Processing Time: Depends on backlog at local office. National goal and national average is 5 months.

Application Procedures

• Examiner will ask every question on N-400.• May examine green card, driver’s license, passport, and

any other required documents. • English and Civics Test• Second Officer must sign off on Application.• Receive Notice Recommending Approval.• Oath usually not taken same day. • Oath Notice will be given to you by hand or by mail.

If no recommended approval: • USCIS will eventually approve, request additional information, or

deny.

Interview

• At Oath Ceremony, turn in green card, take oath, accept naturalization certificate. Guests and cameras are usually welcome.

• You may apply immediately for US passport at designated US Post Offices.

• On the day you become a citizen - Children under 18, residing in US Citizen’s legal and physical custody, who already have LPR status are automatically US citizens (But you must apply for US Passport for them. Can also apply for a Cert. of Citizenship)

• File petitions for other relatives if desired. For categories with long wait times such as brother/sister of USC, best to file immediately.

Oath & Beyond…

Questions for us?

Thank you for attending.

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Join us for our next webinar…

Changing Jobs During the Permanent Residency ProcessDate: Wednesday, June 15, 2011 Time: 10:00-10:30 AM EST

Visit www.bashyamspiro.com to register TODAY!