CITIZENSHIP GENERALLY

There are two main ways to become American citizen

- Vested citizenship - Birth in the United States

- Acquired citizenship - Naturalization

CITIZENSHIP Automatic citizenship status if born in the U.S.

Birth outside of U.S. to U.S. citizen parents

Automatic citizenship for children under 18 years of age, if parent(s) become citizen(s)

NATURALIZATION Administrative Process Administered by the U.S. Citizenship and

Immigration Service, an agency of the Department of Homeland Security (formerly “INS”)

Applicant for Naturalization has to meet certain criteria established by the Immigration Nationality Act (“INA”) and submit an Application for Naturalization

REQUIREMENTS FOR NATZ Continuous Residence

5 years immediately preceding the filing of the application

3 years immediately preceding the filing, if LPR status acquired due to marriage to USC; marriage still valid.

Good Moral Character Oath to Support the U.S. Constitution

CLOSER LOOK – RESIDENCY During the required statutory continuous residence,

an applicant for naturalization must have been physically present in the United States for one-half of the required length of time. 2.5 years physical presence within last 5 years 1.5 years physical presence within last 3 years (if

received permanent resident status due to marriage)

Residency within the USCIS district for 3 months

TRAVEL ABROAD – EFFECT ON RESIDENCY Absence of less than 6 months at a time – will not

break the required 5 years of continuous residence Absences between 6 months to one year – may break

the continuity Retain proof of non-abandonment of residence (such as

work in the U.S., immediate family in the U.S., no job outside of the U.S.)

Absences of more than one year – automatically break continuity of 5-year residence requirement, with limited exceptions (ex: service in the U.S. army abroad)

IMPORTANT DETAILS - RESIDENCE Residence must be after lawful admission to

permanent residence (“Green Card”) Refugees are considered permanent residents as of the

date of entry Asylees are deemed to be permanent residents as of one

year before the date of approval of permanent resident status, as shown on a “Green Card”

The requirement of continuous residence also applies to the time between the filing of the application for naturalization until the time of admission to citizenship.

Good moral character within statutory 5 years (USCIS is not precluded from looking beyond 5 years)

NO Good moral character during the required period: Criminal convictions

Crimes involving moral turpitude Drug offenses

Prostitution Smuggling of aliens Prison term of 180 days or more, as a result of a

conviction Aggravated Felony conviction – no matter how old –

automatic forever bar to establishing g.m.c.

IMPORTANT DETAILS – GOOD MORAL CHARACTER

APPLICATION FILING AND PROCEDURE Filing of Application

Fill out and submit N-400 Application for Naturalization

Filing Fee - $675 Attach copy of Green Card and supporting

documentation; 2 photographs

Receipt Notice Fingerprinting appointment Interview with the U.S.C.I.S. Oath Ceremony

Naturalization Interview The naturalization interview consists of 3 main parts:

1. Personal/Biographic interview2. Knowledge of English language

The applicant needs to demonstrates “an ability to read, write, and speak words in ordinary usage in the English language”

3. Knowledge of history and the government of the United States (“Civics”)

People who fail the English or civics portion of the test at the first interview will be given a second opportunity to pass the exam within 90 days of the first interview.

EXEMPTIONS Several groups of people are excused from taking the

exam: Persons who are physically unable to comply – mentally

impaired, developmentally disabled (exempted from both English and Civics)

Persons who are over 50 years old and have been LPRs for more than 20 years (only exempted from English)

Persons who are over 55 years old and have been LPRs for more than 15 years (only exempted from English)

Hmong veterans (refugees from Laos) and victims of September 11 attacks (were allowed to be naturalized posthumous)

Deportation Issues Prior to applying for Naturalization, an applicant is

strongly encouraged to consult with an immigration attorney because the application for naturalization might trigger removal in some cases

Expungement –treated as if conviction exists Grounds of removability:

Criminal convictions after obtaining “Green Card” Unlawful voting; False claim of citizenship Fraud obtaining “Green Card”

QUESTIONS