Naturalization is the final step of the immigration process. After years of struggling to immigrate to the United States for political, economic, or family reunification reasons and several more years of being a lawful permanent resident, one who naturalizes will finally have the opportunity to obtain the rights of a United States citizen.
There are nearly nine million people eligible to naturalize and several million more who will soon be eligible. Thus, there is a growing need for well-trained and informed advocates to be available to help people naturalize.
Although not necessarily the right choice for every lawful permanent resident, naturalization allows people many rights, such as the right to vote, hold public office, and not be deported. Currently, the rights to vote and hold public office are more important than ever before. Throughout many places in the United States the anti-immigrant voices of a vocal minority have created quite a stir. Politicians continue to unfairly blame immigrants for the economic woes we are facing when the facts indicate that immigrants actually contribute more in tax revenue to this country than they use in government resources. The facts are that immigrants are often small business owners, and professionals, do much of the hard labor and service industry work that our country needs so much, and contribute to the much valued diversity and cultural richness of our society.
Some politicians and other anti-immigrant voices have started a war against immigrants. The politicians are trying to deny hard working, law abiding, and taxpaying people such basic rights as the right to educate their children and obtain emergency and prenatal medical care. Yet, the voices of immigrants can be heard. Immigrants can and are batting back. They can have a say in what laws are passed and which politicians are elected. However, the success of the fight for fair treatment for immigrants depends on more immigrants naturalizing, registering to vote, voting, and even running for office. Presently there are hundreds of thousands of lawful permanent residents applying for naturalization and many more eligible to apply. It is our job to help all the immigrants that want to naturalize do so.
At the ILRC, we have always been committed to encouraging self-help as an element of legal practice and social change. The preparation of naturalization cases provides an arena for that philosophy—a philosophy that underlies our resolution to train more and better community lawyers and paralegals. Our goal is to help create advocates with a better understanding of the complex sources of subordination experienced by immigrants, the poor, the disadvantaged, people of color, and other groups. We envision advocates who use a more humble approach to advocacy—not viewing their role as that of the knight in shining armor, but rather respecting the abilities, talents, and judgment of clients themselves and working with those clients in developing sensible and meaningful strategies and tactics—some of which are likely to be more creative than the usual approaches. These representatives recognize the need to demystify the legal process in order to bring out the talents and imagination of their clients; they strive not to make the legal worker-client relationship yet another subordinating experience.
This approach to immigration practice is one in which the advocate strives to know as much about the community served as possible by reading, talking, exploring, walking, eating, and perhaps living in and being from that community. The legal worker would be aware of the limits of his or her own technical expertise, and spend time identifying, developing, learning about, getting acquainted with and using other allies and resources in the community, especially other community members and clients themselves.
We hope others share in the views we articulate in this preface and find this publication helpful in assisting millions of people realize their dream of becoming United States citizens.
Author(s): Eric Cohen, Alison Kamhi, Erin Quinn, ILRC Staff Attorneys
Edition: 14
Publisher: Immigrant Legal Resource Center
Year: 2016
Language: English
Pages: 953
City: San Francisco
Tags: naturalization, u.s., america, u.s. law, american law, law, immigration, immigration law, immigrants, u.s. citizenship, citizenship, removal order, deportation, legal
Preface
Table of Contents
Chapter 1: Introduction
§ 1.1 Introduction to Citizenship
§ 1.2 Overview of the Basic Requirements for Naturalization
§ 1.3 How to Use This Manual
§ 1.4 Contents of the Manual
§ 1.5 Key Definitions
Chapter 2: Initial Discussions with Clients
§ 2.1 Overview of Working with Clients to Complete the Naturalization Process
§ 2.2 Explaining Naturalization
§ 2.3 Advantages and Disadvantages
§ 2.4 Reasons Why Some People Want to Naturalize
§ 2.5 Reasons Some People Do Not Want to Apply
Appendix 2-A
Chapter 3: Overview of Naturalization, the Legal Requirements, and the Application Process
§ 3.1 What Is Naturalization?
§ 3.2 Considerations in Naturalizing
§ 3.3 The Nine Basic Naturalization Requirements
§ 3.4 Lawful Permanent Resident Status
§ 3.5 Age
§ 3.6 Good Moral Character, Bars to Naturalization, Permanent Ineligibility for Citizenship, and Discretion
§ 3.7 Attachment to the Principles of the Constitution
§ 3.8 English Language
§ 3.9 U.S. History and Government
§ 3.10 Residence in the United States
§ 3.11 Physical Presence in the United States
§ 3.12 Disruption of Continuous Residence (Breaking the Continuous Residence for Naturalization Purposes)
§ 3.13 Oath of Allegiance
§ 3.14 Overview of the Application Process
Chapter 4: Lawfully Admitted for Permanent Residence
§ 4.1 Introduction
§ 4.2 Ineligible for Admission as a Lawful Permanent Resident
§ 4.3 Inadmissible at Time of Entry or Adjustment of Status and Now Removable
§ 4.4 The Continuing Validity of “Entry,” “Re-Entry” and the Fleuti Exception
§ 4.5 Waivers under § 212(k)
§ 4.6 Fraud Waivers in Removal Proceedings
§ 4.7 Abandonment of Residence: Losing Permanent Resident Status
§ 4.8 Reentry Permits
§ 4.9 People Who Have Served in the U.S. Armed Forces during Certain Wars or “Hostilities”
§ 4.10 Adjudicating Naturalization Applications of Military Personnel
§ 4.11 Filipino War Veterans
§ 4.12 Posthumous Citizenship and Surviving Family Benefits
Appendix 4-A
Appendix 4-B
Chapter 5: Residence and Presence Requirements and Exceptions
§ 5.1 Introduction
§ 5.2 First Residence Requirement: Five Years of Continuous Residence
§ 5.3 Exceptions to the Five-Year Continuous Residence Requirement for Special Groups
§ 5.4 Disrupting Continuous Residence
§ 5.5 Exceptions to Disruptions of One Year or More
§ 5.6 Second Residence Requirement: Three Months of Local Residence
§ 5.7 Third Residence Requirement: Continuous Residence after Submitting the Application
§ 5.8 Physical Presence Requirement
§ 5.9 The Effect of Deportation/Removal Orders and Deferred Inspections
Chapter 6: Good Moral Character and Statutory Bars to Eligibility
§ 6.1 Introduction
§ 6.2 The Good Moral Character Requirement: An Overview
§ 6.3 Statutory Bars to Establishing Good Moral Character under INA § 101(f)
§ 6.4 Denial of Naturalization Based on a Discretionary Finding of a Lack of Good Moral Character
§ 6.5 Dealing with Clients Who May Have a Criminal Record: Obtaining Records
§ 6.6 Temporary Ineligibility to Naturalize
§ 6.7 Permanent Ineligibility to Naturalize
§ 6.8 Deportability Issues
§ 6.9 Non-Citizen Voting
§ 6.10 False Claims to U.S. Citizenship
Appendix 6-A
Appendix 6-B
Appendix 6-C
Appendix 6-D
Appendix 6-E
Appendix 6-F
Chapter 7: The English and U.S. History and Government Tests and Working with Applicants Who Have Disabilities
§ 7.1 Introduction
§ 7.2 English Requirements
§ 7.3 Exceptions to the English Language Requirement
§ 7.4 U.S. History and Government: “The Civics Test”
§ 7.5 Special Rules on the Civics Requirement
§ 7.6 Re-Examination
§ 7.7 Introduction to Accommodations for Individuals with Disabilities and the Disability Exceptions to the English and Civics Requirements
§ 7.8 USCIS Must Make Reasonable Accommodations to the Naturalization Process for Applicants with Disabilities
§ 7.9 Understanding the Disability Exceptions
§ 7.10 Applying for the Disability Exceptions: Preparing the N-648 Form
§ 7.11 How Advocates, Doctors and Social Workers Can Work Together
§ 7.12 Applying for the Disability Exceptions: Procedural Issues
§ 7.13 Appeals of Denials of Disability Exceptions
§ 7.14 Signature on Naturalization Form and N-648 Form
§ 7.15 The Naturalization Examination and Oath of Allegiance for People with Severe Disabilities
§ 7.16 USCIS Recognized Indicators that a Naturalization Applicant with a Disability Understands the Oath
§ 7.17 Expedited Ceremonies for Persons with Serious Illness or Disabilities
Appendix 7-A
Appendix 7-B
Appendix 7-C
Appendix 7-D
Appendix 7-E
Appendix 7-F
Appendix 7-G
Appendix 7-H
Appendix 7-I
Appendix 7-J
Appendix 7-K
Appendix 7-L
Chapter 8: The Application Process and Interview
§ 8.1 Introduction to the Naturalization Process
§ 8.2 The Application
§ 8.3 Documentation
§ 8.4 Applications of People with Disabilities
§ 8.5 Expedited Naturalization Application Processing
§ 8.6 Amending the Application
§ 8.7 Transferring to Another District
§ 8.8 Withdrawing the Application
§ 8.9 Preparing for the USCIS Interview
§ 8.10 The Interview
§ 8.11 What Happens after the Interview
§ 8.12 Problems in the Process
Appendix 8-A
Appendix 8-B
Appendix 8-C
Appendix 8-D
Appendix 8-E
Appendix 8-F
Appendix 8-G
Appendix 8-H
Appendix 8-I
Appendix 8-J
Appendix 8-K
Appendix 8-L
Appendix 8-M
Appendix 8-N
Appendix 8-O
Appendix 8-P
Chapter 9: Loyalty Oath and Naturalization Ceremony
§ 9.1 Introduction
§ 9.2 Oath of Allegiance
§ 9.3 The Text of the Oath
§ 9.4 The Meaning of the Oath
§ 9.5 Exceptions to Taking the Oath of Allegiance
§ 9.6 Waivers of the Oath, Expedited Oath Ceremonies, and Accommodations for Individuals with Certain Disabilities
§ 9.7 Changes in the Naturalization Process
§ 9.8 Jurisdiction: USCIS or the Courts
§ 9.9 Judicial Ceremonies
§ 9.10 Name Changes
§ 9.11 USCIS Ceremonies
§ 9.12 Failure to Attend a Naturalization Ceremony
§ 9.13 Procedures during a USCIS or Judicial Ceremony
§ 9.14 Applying for a U.S. Passport
§ 9.15 Gaining Knowledge from Clients
Chapter 10: Group Processing
§ 10.1 Introduction
§ 10.2 Overview of Naturalization Group Processing
§ 10.3 The Introductory Workshop
§ 10.4 Introductory Workshop: Logistics
§ 10.5 Introductory Workshop: Getting Started
§ 10.6 Introductory Workshop: Agenda
§ 10.7 Introductory Workshop: Discussion of Advantages and Disadvantages
§ 10.8 Introductory Workshop: Discussion of Requirements for Naturalization and Red Flag Danger Areas
§ 10.9 Introductory Workshop: Application Review
§ 10.10 Introductory Workshop: Set Up Second Workshop
§ 10.11 Introductory Workshop: Optional Presentations
§ 10.12 Applicants’ Preparation for the Application Workshop
§ 10.13 The Application Workshop
§ 10.14 Application Workshop: Logistics and Supplies
§ 10.15 Application Workshop: Checking People In
§ 10.16 Application Workshop: Going Over the Application in a Group
§ 10.17 Application Workshop: Checking the Application to Make Sure It Is Complete
§ 10.18 Application Workshop: Final Review by the Experts
§ 10.19 Application Workshop: Preparing Applications to Send
§ 10.20 Application Workshop: Volunteers, Evaluations, and Planning the Next Workshop
§ 10.21 Application Workshop: Resources for Interview Preparation
§ 10.22 Follow-Up on Applications
§ 10.23 The Interview Preparation Workshop: Introduction
§ 10.24 Interview Preparation Workshop: Logistics and Supplies
§ 10.25 Interview Preparation Workshop: Getting Started
§ 10.26 Interview Preparation Workshop: Agenda
§ 10.27 Interview Preparation Workshop: Description of the Interview
§ 10.28 Interview Preparation Workshop: Discussion of Ways to Handle an Interview
§ 10.29 Interview Preparation Workshop: Role Plays
§ 10.30 Interview Preparation Workshop: Review of Documents
§ 10.31 Interview Preparation Workshop: Request for Feedback on the Interviews and the Process and Follow-Up Arrangements
§ 10.32 Request for Volunteers and Evaluations
Appendix 10-A
Appendix 10-B
Appendix 10-C
Appendix 10-D
Chapter 11: Denials, Appeals, and USCIS Inaction
§ 11.1 Introduction
§ 11.2 Denials
§ 11.3 The Appeal Process
§ 11.4 Options outside of the Appeal Process
§ 11.5 USCIS Inaction
§ 11.6 Writ of Mandamus
Appendix 11-A
Appendix 11-B
Appendix 11-C
Chapter 12: Citizenship and Children
§ 12.1 Introduction to Citizenship for Children of U.S. Citizens
§ 12.2 Introduction to Acquisition of Citizenship
§ 12.3 Who Can Acquire Citizenship at Birth outside of the United States
§ 12.4 Using the Charts to Determine Acquisition of Citizenship
§ 12.5 Documenting a Claim of Acquisition of Citizenship
§ 12.6 Introduction to Derivation of Citizenship
§ 12.7 Who Can Derive Citizenship
§ 12.8 Using the Chart to Determine Derivative Status
§ 12.9 Child Citizenship Act of 2000
§ 12.10 Definition of Legal Custody under the Child Citizenship Act of 2000 for Children Who Are Legitimate
§ 12.11 Definition of Legal Custody under the Child Citizenship Act of 2000 for Children Who Were Born out of Wedlock (“Illegitimate Children”)
§ 12.12 Definition of Legal Custody for Purposes of Derivative Citizenship before the Child Citizenship Act of 2000
§ 12.13 Documenting and Applying for Derivative Citizenship
§ 12.14 Appealing a Denial of a § 320 Citizenship Application
§ 12.15 Introduction to § 322 Citizenship
§ 12.16 Definition of Legal Custody for § 322 Citizenship for Children Who Are Legitimate
§ 12.17 Definition of Legal Custody for § 322 Citizenship for Children Born out of Wedlock (“Illegitimate Children”)
§ 12.18 Documenting a Claim under § 322 Citizenship
§ 12.19 Applying for § 322 Citizenship
§ 12.20 Appealing a Denial of a § 322 Citizenship Application
§ 12.21 Introduction to Naturalization for Children Who Served during Hostilities
Appendix 12-A
Appendix 12-B
Appendix 12-C
Appendix 12-D
Appendix 12-E
Appendix 12-F
Appendix 12-G
Appendix 12-H
Appendix 12-I
Appendix 12-J
Appendix 12-K
Chapter 13: Loss of United States Citizenship
§ 13.1 Introduction
§ 13.2 Expatriation
§ 13.3 Naturalization in a Foreign State: INA § 349(a)(1)
§ 13.4 Oath of Allegiance to Foreign State: § 349(a)(2)
§ 13.5 Service in Foreign Armed Forces: INA § 349(a)(3)
§ 13.6 Foreign Governmental Employment: § 349(a)(4)
§ 13.7 Renunciation of U.S. Citizenship: § 349(a)(5)
§ 13.8 Renunciation in the United States During Wartime: § 349(a)(6)
§ 13.9 Treason and Subversive Activities: § 349(a)(7)
§ 13.10 Expatriation Procedures: INA § 358 -- 22 CFR §§ 50.50–51
§ 13.11 Denaturalization: INA § 340
§ 13.12 Illegal Procurement of Naturalization
§ 13.13 Lawful Permanent Resident Status
§ 13.14 Continual Residence and Physical Presence
§ 13.15 Good Moral Character
§ 13.16 Attachment to Principles and Good Order of the United States
§ 13.17 Concealment and Willful Misrepresentation
§ 13.18 Denaturalization Proceedings
§ 13.19 Denaturalization in the Courts: INA § 340 -- 8 CFR § 340.2 (Civil Revocation)
§ 13.20 Revocation Following Convictions for Naturalization Fraud (Criminal Revocation)
§ 13.21 Administrative Denaturalization Enjoined
§ 13.22 Relation Back
§ 13.23 Impact on Derivative Citizens: INA § 340(d)
Chapter 14: Immigration Remedies: Gaining Legal Status for Family Members, Outreach and Community Organizing
§ 14.1 Introduction
§ 14.2 Introduction: Becoming a Lawful Permanent Resident through Family
§ 14.3 Family Visa Petitions: “Immediate Relatives” of U.S. Citizens and the Preference System
§ 14.4 Family Visa Petitions: The Preference System for Relatives of U.S. Citizens and Permanent Residents
§ 14.5 Becoming a Permanent Resident: Adjustment of Status and Consular Processing
§ 14.6 Self-Petitioning Visas for Battered or Abused Spouses or Children of U.S. Citizens or Lawful Permanent Residents
§ 14.7 The U Visa
§ 14.8 The T Visa for Victims of Trafficking
§ 14.9 Asylum, Restriction on Removal and Relief under the Torture Convention
§ 14.10 Temporary Protected Status (TPS)
§ 14.11 Cancellation of Removal for Non-Permanent Residents
§ 14.12 NACARA
§ 14.13 Cancellation of Removal for Certain Permanent Residents
§ 14.14 Diversity Visas
§ 14.15 Legalization Extension Cases and “Late Amnesty” Provision of LIFE
§ 14.16 SIJS and Other Immigration Remedies
§ 14.17 Prosecutorial Discretion and Deferred Action, including DACA & DAPA
§ 14.18 DHS Enforcement Priorities
§ 14.19 Community Information Sessions: Publicizing Naturalization and Other Immigration Remedies
§ 14.20 Know Your Rights Sessions
§ 14.21 Lay Advocates
§ 14.22 Community Organizing: Organizing Immigrants to Educate Policy Makers and Improve USCIS, ICE, and CBP Procedures
§ 14.23 Organizing Suggestions
§ 14.24 Dreamers and DACA—Deferred Action for Childhood Arrivals: An Organizing Campaign Example
§ 14.25 A Network of Immigrant-Based Committees
§ 14.26 Working with the Media
Appendix 14-A
Appendix 14-B
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