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Basic Naturalization Eligibility Requirements At least 18 years old At least 18 years old Residency requirements Residency requirements Physical presence.

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Presentation on theme: "Basic Naturalization Eligibility Requirements At least 18 years old At least 18 years old Residency requirements Residency requirements Physical presence."— Presentation transcript:

1 Basic Naturalization Eligibility Requirements At least 18 years old At least 18 years old Residency requirements Residency requirements Physical presence requirements Physical presence requirements Good Moral Character requirement Good Moral Character requirement Speak, read and write English Speak, read and write English Knowledge of U.S. history and civics Knowledge of U.S. history and civics Willing to take Oath of Allegiance Willing to take Oath of Allegiance

2 Residence Requirements LPR LPR For 5 years (3 years if married to USC and living in marital union at filing) For 5 years (3 years if married to USC and living in marital union at filing) **Rollback rule for asylees and refugees

3 Residence Requirements (cont. #2) Residence must be continuous -- certain absences may break continuity of residence Residence must be continuous -- certain absences may break continuity of residence Generally Generally –Absences < 6 mos. - OK –Absences 6 mos. – 1 yr – shift/prove –Absences > 1 year – CP “broken”

4 Residence Requirements (cont. #4) 3 months residence in CIS Service District or state where file N months residence in CIS Service District or state where file N-400 Must reside in U.S. from filing of application to oath Must reside in U.S. from filing of application to oath May apply 3 months before residence period (3 or 5 yrs) completed May apply 3 months before residence period (3 or 5 yrs) completed

5 Physical Presence Requirements Physically present in the U.S. for at least 1/2 of previous 5 years or 1/2 of 3 years if married to a US citizen Physically present in the U.S. for at least 1/2 of previous 5 years or 1/2 of 3 years if married to a US citizen

6 Good Moral Character Requirement Must prove “good moral character” for same statutory period as the residence requirement (3 or 5 years). Must prove “good moral character” for same statutory period as the residence requirement (3 or 5 years). Statutory Bars Statutory Bars Discretionary Bars Discretionary Bars

7 English-language Ability Speaking ability established at interview Speaking ability established at interview Read and write 1-2 basic sentences at interview Read and write 1-2 basic sentences at interview Exemptions from Exemptions from English requirement: English requirement:-50/20-55/15 -N-648 Disability Waiver Waiver

8 Statutory Bars to GMC Permanent and Temporary Bars Permanent and Temporary Bars Permanent Bars: Permanent Bars: –Conviction of aggravated felony after 11/29/1990 –Conviction of murder at any time

9 Statutory Bars to GMC (cont. #2) Temporary Bars: (Mandatory bars if acts within the 3/5 year period) Temporary Bars: (Mandatory bars if acts within the 3/5 year period) –conviction or admission of CIMT –committed two or more offenses and aggregate sentence 5+ yrs –controlled substance violation –conviction(s) plus180+ days in jail –p rostitution or commercialized vice –“alien” smuggling –polygamy –habitual drunkard –illegal gambling –false testimony to obtain immigration benefit

10 Discretionary Bars to GMC **Submit good moral character evidence! Child support Child support Extramarital affairs Extramarital affairs Selective Service Registration Selective Service Registration Tax violations Tax violations Crimes outside statutory period Crimes outside statutory period Incorrect/false information on N-400/interview Incorrect/false information on N-400/interview False claim to USC/illegal voting False claim to USC/illegal voting Other unlawful acts Other unlawful acts

11 GMC Practice Tips Look at date of “bad act,” not date of subsequent court actions Look at date of “bad act,” not date of subsequent court actions Apply under 3 year rule if possible Apply under 3 year rule if possible Consider waiting to file until bad act outside 3/5 year period Consider waiting to file until bad act outside 3/5 year period Criminal records: Criminal records: -get certified copies of all court records before filing -do not send sealed police reports

12 Who should not apply for citizenship? Offenses that may make an LPR removable Convicted of an Aggravated Felony Convicted of an Aggravated Felony Made false claim to U.S. citizenship Made false claim to U.S. citizenship Lying, giving false misleading information to government official to obtain or retain immigration benefit Lying, giving false misleading information to government official to obtain or retain immigration benefit Conviction for Crime of Moral Turpitude within 5 years of “admission” Conviction for Crime of Moral Turpitude within 5 years of “admission” Unlawful Voting Unlawful Voting appears that s/he intended to abandon residence in U.S. appears that s/he intended to abandon residence in U.S.

13 N-648 Disability Waivers Exempts the applicant from English, US history and civics requirements Exempts the applicant from English, US history and civics requirements Must be a “medically determinable” physical, developmental or mental disability that is expected to last 12 months Must be a “medically determinable” physical, developmental or mental disability that is expected to last 12 months Applicant is unable to learn US history and civics due to disability Applicant is unable to learn US history and civics due to disability MD, DO, or psychologist completes N-648 MD, DO, or psychologist completes N-648

14 Child Citizenship Act – effective 2/27/2001 Children are automatically citizens when following conditions are met: Child under 18 Child under 18 At least one parent naturalizes At least one parent naturalizes Child is residing in physical and legal custody of citizen parent Child is residing in physical and legal custody of citizen parent Child is LPR Child is LPR

15 N-400: Key Points (cont. #6) Selective Srvc Registration: Pg 9, Part 10 F/G Check Check Requirements: all men must register unless nonimmigrant Requirements: all men must register unless nonimmigrant still w/in last 5 years. Affidavit re not knowing and willful still w/in last 5 years. Affidavit re not knowing and willful > age 31, outside 5 years, not absolute bar. May still want affidavit > age 31, outside 5 years, not absolute bar. May still want affidavit

16 New Citizens can VOTE (usually) In Ohio, must be a registered voter for 30 days before election. In Ohio, must be a registered voter for 30 days before election. In Kentucky, must be registered 29 days before election. In Kentucky, must be registered 29 days before election.


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