Naturalization

NATURALIZATION

Ellen recently attended a training hosted by the MIRA (Mass. Immigrant and Refugee Advocacy) Coalition on the naturalization process. For a complete guide from the Immigration and Naturalization Service (INS) visit:http://www.ins.gov/graphics/services/natz/guide.htm

ROUTES TO U.S. CITIZENSHIP:

One is born in the U.S. or protectorate (under the 14th Amendment) regardless of your parent's immigration status. The one exception to this is the children of foreign diplomats who are born here; they are not citizens.
Some cases where children are born outside the U.S. to parents who are U.S. citizens.
Citizenship through derivation- as noted previously in this space, the Child Citizenship Act of 2000 permits foreign-born children, including adopted children, to acquire citizenship automatically.

Eligibility requirements include:

Child has at least one U.S. Citizen parent (by birth or naturalization)
Child is under 18 years of age
Child is currently residing permanently in the U.S. in the legal and physical custody of the U.S. citizen parent
Child is a lawful permanent resident
An adopted child meets the requirements applicable to adopted children under immigration law.

Note: it is also possible under some circumstances to get citizenship for children who are residing outside of the U.S., but who meet other criteria. Contact the Community Resource Center or MIRA for more information.

CITIZENSHIP BENEFITS:
Voting rights, unrestricted travel outside the U.S., cannot be deported, right to hold federal jobs, run for public office, access to federal public benefits, ability to sponsor close family members to become lawful permanent residents (if citizen is at least 21 years of age), and shortened waiting period for a green card for those family members.

RISKS TO CITIZENSHIP PROCESS:
By applying one is essentially giving the INS permission to investigate one's file and look at, for example, how one entered the U.S.. If the applicant illegally entered the country, or other crimes or perjury are discovered, the costs are high. The applicant would be risking more than just a denied application, she/he may be risking deportation. When in doubt, PLEASE advise clients to consult an immigration attorney before contacting the INS.

Another risk is that some countries do not recognize dual citizenship, so the applicant may lose citizenship in the country of origin. The U.S. discourages dual citizenship, but does not prohibit it.

REQUIREMENTS FOR CITIZENSHIP:

Be at least 18 years of age
Be a Lawful Permanent Resident
Have "resided" in the U.S. for 5 years (or 3 years for certain groups such as if spouse is a citizen or have honorable discharge from the military)
Have been physically present in the U.S. for a least half of the residency requirement
Have not disrupted the continuity of residence by exiting the country for more than 6 months without good cause, or more than 12 months for any reason.
Have "good moral character"
Have basic conversational and literacy skills in English (with certain exceptions)
Be able to pass a U.S. history and government test (with certain exceptions)
Swear loyalty to the U.S. by taking an oath
Have no citizenship-related legal problems

For more detail or special cases related to any of these criteria contact the Community Resource Center or see the INS's Guide to Naturalization: http://www.ins.gov/graphics/services/natz/guide.htm.

RED FLAG AREAS
If any of the following are true, the applicant may still be able to gain citizenship, but he or she should consult an immigration expert before applying. The immigrant:

made a trip out of the U.S. that lasted longer than 6 months
moved to another country since getting green card
has deportation orders against him/her
hasn't filed federal income tax
hasn't supported his/her children
is a male and did not register for Selective Service between the ages of 18 and 26 (regardless of current age or immigration status at the time)
is on probation or parole for a criminal conviction
has given contradictory information on this and/or previous applications for immigrant statues (e.g., for green card, to enter country, etc.)
committed fraud to get green card or wasn't originally eligible for green card when it was obtained
has any arrests, convictions or has committed any crimes
lied or committed fraud to receive or continue to receive public benefits
ever claimed to be a U.S. citizen but wasn't
has ever been charged with committing domestic violence, child abuse or child neglect

The "good moral character" requirement for citizenship is partially defined by the "red flags" listed above. For more detail contact Ellen, but as mentioned these people should contact an attorney.

The U.S. History, Government and Language requirements involve passing a written exam in English. The test is at a 5th or 6th grade level. There are exemptions under certain circumstances. The 50/20 rule- if the applicant was 50 years old at the time of application and had been a legal permanent resident for 20 years, she or he can take the test in the language of his/her choice. There is also a 55/15 rule. The 65/20 rule is the same, but also provides a restricted list of questions from which the interviewer can chose.

THE APPLICATION
The application itself is a legal document, and requires truthful answers under the penalty of perjury. Answers WILL be compared with answers given to INS at other times such as on entrance to the country and when applying for green card.

The naturalization application can be obtained at http://www.ins.usdoj.gov/graphics/formsfee/forms/n-400.htm or by calling 800 767-1833.

FEE WAIVERS
There is no waiver for the $50 fingerprinting fee. Those who are in need can request a fee waiver for the rest of the application. Examples include: receiving public assistance, income less than the FPL, elderly, disabled, have a high number of dependants, or needing assistance due to a humanitarian or compassionate need that renders them unable to pay. The applicant submits an affidavit with the application. This affidavit is a statement that is signed and dated and includes the statement: "I declare under penalty of perjury that the foregoing is true and correct" requesting a fee waiver and stating the reason(s) it is needed. It is recommended that the applicant write in large print on the envelope "Fee Waiver Request" and attach a note at the front of the application also stating this and at the top of the affidavit and on each page of supporting documentation. Otherwise the application will likely be returned for failure to enclose payment. If the fee waiver is denied the entire application package will be returned.

THE APPLICATION PROCESS

The application and copies of supporting documents are mailed (applicant should bring original documents to the naturalization interview).
A couple of months later the applicant should receive verification that INS received the application.
The applicant should then expect a notification with an appointment to get fingerprinted.
A few months later she/he will be notified of the naturalization interview appointment If there is a very good reason why applicant cannot attend at this time, she/he should submit a written request to reschedule 30 days in advance of the scheduled interview.
The naturalization interview- the applicant should bring the written notice or security will not admit him/her. The applicant should arrive 45 minutes to 1 hour early, bring green card and originals of supporting documents, and should write down the name of the officer who interviews. If applicant does not pass the history/government exam he/she can request a second interview. If a problem during the interview the applicant can ask for a supervisor (this frequently comes up around issues of reasonable accommodations for those with disabilities).
If everything is in order the officer will give a date for the oath ceremony. Note: even if one has successfully completed the interview and passed the test, one is not a citizen until she/he has taken the oath of allegiance.

DISABILITY WAIVERS AND REASONABLE ACCOMMODATIONS
Applicants can request a waiver of the history/government exam if they have a medically determinable physical, mental or developmental impairment that causes the applicant to be unable to learn English and/or U.S. history and civics. This disability must have lasted or be expected to last at least 12 months and cannot be the result of illegal drug use. The N648 form must be filled out by a physician and should accompany the application. (Contact the Community Resource Center for information for physicians about how to complete the form).

If the applicant can learn but needs reasonable accommodations to take the exam there is not a specific form, the applicant should send a letter with the application detailing the needs. Some examples of reasonable accommodations include wheelchair -accessible sites, sign-language interpretation, Braille or large-print tests. A different type, but acceptable form of special accommodation might be having a family member or social worker accompany applicant in a situation where the applicant was traumatized by government officials in his/her country of origin and needs support to feel calm and secure. If applicant is home-bound the INS can do homebound interviews, but it takes a long time to schedule these since it takes two staff to conduct these interviews.

CITIZENSHIP PREPARATION CLASSES
53 locations offering citizenship classes are listed in IRis under the keyword: Citizenship Services

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