U.S. Citizenship & Naturalization

Transcription

1 U.S. Citizenship & Naturalization Brief History Naturalization is the legal process of acquiring citizenship different from that person's citizenship at birth. To be 'naturalized' means to become as if "natural born" i.e. a citizen. The 14 th Amendment states that "all persons born or naturalized in the United States and subject to the jurisdiction thereof shall be citizens of the United States and of the State in which they reside." The Naturalization Act of 1795 set the initial parameters on naturalization: free, White persons' who had been resident for five years or more An 1862 law allowed honorably discharged Army veterans of any war to petition for naturalization, without having filed a declaration of intent, after only one year of residence in the United States.

2 U.S. Citizenship No person shall be naturalized unless he/she is/has: 1. Been a LPR for at least 5 years 2. Been a LPR for at least 3 years & has been married to & living with the same U.S. citizen for the last 3 years, and the spouse has been a U.S. Citizen for the last 3 years 3. A member of the U.S. Armed Forces & is a LPR with at least 3 years of U.S. Armed Forces service being on active duty or filing within 6 months of honorable discharge 4. Served during a period of recognized hostilities & enlisted or re enlisted (no LPR requirement) 5. Resided continuously as a LPR resident in the U.S. for a least 5 years prior to filing (3 years if married to a U.S. citizen)

3 U.S. Citizenship Substantive Requirements for Naturalization 1. Physical presence in the U.S. for at least half the time of permanent residency; 2. Good moral character; 3. Basic knowledge of U.S. government & history as determined by passing civics test; 4. Ability to read, write & speak simple English; years of age 6. As a minor, being in the custody of at least 1 parent who becomes a citizen, which often confers automatic citizenship; 7. Legal competence to take the citizenship oath; and 8. Expressed allegiance to the U.S. government

4 Bars to Naturalization An Applicant will not be of good moral character if in the last 5 years he/she: 1. Has committed & been convicted of 1 or more crimes involving moral turpitude 2. Has been convicted for 2 or more offenses that have a sentence total of 5 years or more 3. Has been convicted of having a controlled substance 4. Has committed 2 or more gambling offenses 5. Is/Was involved in prostitution or commercialized evils 6. Has smuggled illegal aliens into the U.S. 7. Is/Was practicing polygamy 8. Has willfully failed or refused to support dependents 9. Has failed to register with the selective service 10. Is/Has been a member of the communist party 11. Has given false testimony, under oath, to receive benefits under the INA

5 Exemptions to English/Government & History Requirement An individual who has been a LPR for 20 years and is 55 years old; or who has been a LPR for 15 years and is 60 years old; may take the government & history requirement in his/her native language. If an individual has a mental impairment, regardless of his/her age, or the length of time he/she has been a LPR, he/she may request a medical waiver to waive the English or government and history requirement.

6 Filing for Naturalization Forms Required Form N 400 & Filing Fees Form G 28 Form N 648 (if requesting medical waiver) Documents Required Copy of Alien Registration Card (Form I 551) Copy of any criminal record including indictment, disposition & arrest report Certified copy of divorce decree or marriage if claiming citizenship because of a marriage to a U.S. citizen Two recent passport photos (taken in the last 30 days prior to filing)

7 Sample Citizenship Exam Questions 1. What are the colors of our flag? Red, White, and Blue 2. What do the stars on the flag mean? One for each state 3. How many stars are there on our flag? Fifty (50) 4. What color are the stars on our flag? White 5. How many stripes are there on the flag? What do the stripes on the flag represent? The first 13 states 7. What colors are the stripes on the flag? Red and white 8. How many states are there in the Union (the United States)? What do we celebrate on the 4th of July? Independence Day 10.Independence Day celebrates independence from whom? England 11.What country did we fight during the Revolutionary War? England 12.Who was the first president of the United States? George Washington 13.Who is the President of the United States today? Barack Obama 14. Who is the Vice President of the United States today? Joe Biden

8 Sample Citizenship Exam Questions Who elects the President of the United States? The Electoral College Who becomes our President if the President dies? The Vice President What is the Constitution? The supreme law of the land What do we call changes to the Constitution? Amendments How many changes, or amendments, are there to the Constitution? 27* What are the three branches of our Government? Executive, Judicial, and Legislative What is the legislative branch of our Government? Congress What makes up Congress? The Senate and the House of Representatives Who makes the Federal laws in the United States? Congress Who elects Congress? The citizens of the United States How many Senators are there in Congress? 100 For how long do we elect each Senator? 6 years Name the two Senators from your state. * How many voting members are in the House of Representatives? 435

9 Oath of Allegiance: To become a U.S. citizen, one must take the oath of allegiance. By doing so, an applicant swears to: support the Constitution and obey the U.S. laws; renounce any foreign allegiance and/or foreign title; and bear arms for the U.S. Armed Forces or perform services for the US government when required. At the time of Oath of Allegiance, the applicant will return his/her green card and will receive a US Naturalization Certificate.

10 The Oath of Allegiance I hereby declare, on oath, that I absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty of whom or which I have heretofore been a subject or citizen; that I will support and defend the Constitution and laws of the United States of America against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I will bear arms on behalf of the United States when required by law; that I will perform noncombatant service in the Armed Forces of the United States when required by the law; that I will perform work of national importance under civilian direction when required by the law; and that I take this obligation freely without any mental reservation or purpose of evasion; so help me God.