COMMUNITY NAVIGATOR 201 NATURALIZATION

LEGAL PERMANENT RESIDENTS People with LPR status or a “green card” have some of the rights and benefits of U.S. citizens, but not all of them. They are ultimately not guaranteed protection from deportation.

WHO ARE LEGAL PERMANENT RESIDENTS? Legal Permanent Resident (Green Card Holders): Must renew green card every 10 years (Pay $450 fee) Authorized to work – given Social Security without restrictions (though some jobs are restricted to Citizens) Risk of deportation without abandonment LPRs can be deported for crimes they committed years ago

WHO ARE LEGAL PERMANENT RESIDENTS? Lawful Permanent Resident (Green Card Holders): Can petition for spouse or unmarried children (both in the U.S. or outside) to also receive Green Cards Due to there being a limit by Congress on the number of Visas for these categories there may be a long wait LPRs cannot stay outside the US for more than one year without risking abandoning their LPR status Can use country of citizenship passport to leave U.S. No interview or English and Civics requirement to keep LPR status

BENEFITS OF CITIZENSHIP Ability To: Pass on citizenship to minor children through derivation Travel more conveniently with a U.S. passport and even live in native country and return Immigrate a wider range of relatives faster, beyond spouse and children Permanently prevent deportation Hold public office and other jobs requiring citizenship Access public programs requiring citizenship VOTE!

BENEFITS OF CITIZENSHIP One-time cost of applying for citizenship is lower than paying to renew LPR status every 10 years Cost to apply for Citizenship is a onetime fee of $680 (includes an $85 biometric fee) as opposed to $450 every 10 years Community Navigators (YOU!) can help them through the process! Becoming a US Citizen means empowerment and gaining the right to vote in all U.S. elections to have your voice heard!

Prescreening & Screening at UCAN Naturalization Workshop Fill out and complete N400 application (and I912/N648 if eligible) Get biometrics appointment letter and go to biometrics appointment Get interview letter and attend interview If pass interview, receive oath ceremony letter and attend oath ceremony U.S. Citizen! Now you can vote, petition family members and more! BECOMING A US CITIZEN THROUGH THE NATURALIZATION PROCESS

HOW TO BECOME A U.S. CITIZEN: 1.Born in the U.S. (by land) 2.Born outside the U.S. to a U.S. Citizen parent (by blood) 3.By Derivation: Born outside the U.S. and (1) parents become U.S. citizens (2) while applicant is under 18 years old and (3) while applicant is a lawful permanent resident (LPR) (by derivation) 4.By Naturalization: Born outside the U.S. Become an Legal Permanent Resident (LPR) for 5 years (or 3 years if married to a U.S. citizen or in other circumstances), **Meet other requirements And file an application (by naturalization ) REQUIREMENTS AND ELIGIBILITY

REQUIREMENTS FOR NATURALIZATION REQUIREMENTS TO BECOME A US CITIZEN: 1.Continuous Residence Requirement 2.Physical Presence Requirement 3.Language & Civics Requirement 4.Good Moral Character Requirement 5.Oath of Allegiance 6.Processing Requirements

What does continuous residence mean? Continuous residence means time living in the United States LPRs are allowed to travel outside the U.S. BUT… Absence of six consecutive months can disrupt continuous residence (rebuttable) Absence of one full year or more = BREAK in continuous residence! Abandonment issues arise if there is evidence! (Can counter by showing intent to remain as LPR) REQUIREMENTS FOR NATURALIZATION: CONTINUOUS RESIDENCE REQUIREMENT

What are the Continuous Residence Requirements? 1.Reside for 90 days (3 months) in state (district) where application is filed PLUS EITHER 2.Five years of continuous residence as a Lawful Permanent Resident (LPR) OR 3.Three years of continuous residence as an LPR if married to a U.S. Citizen (spouse must have been a U.S. Citizen for all three years) 4.May apply for Naturalization 3 months prior to end of continuous residency requirement (e.g. 4 years + 9 months) REQUIREMENTS FOR NATURALIZATION: CONTINUOUS RESIDENCE REQUIREMENT

REQUIREMENTS FOR NATURALIZATION: PHYSICAL PRESENCE REQUIREMENT What are the requirements for time spent inside the U.S. before applying? Applicant must be physically present in the U.S. during the continuous residence period, for cumulatively at least half of the required continuous residence period 2.5 years total if you are required to have 5 years of continuous residence; OR 1.5 years total if you are required to have 3 years of continuous residence.

What are the requirements for the English and History test/interview? 1.English Testing: Must show an ability to speak, read and write basic English (U.S. 4 th grade level) through testing at the interview 1.Civics Testing: Must show a basic understanding of U.S. civics and history through testing at the interview a.Applicants must study from a pool of 100 questions on history and government b.Test: Applicants must correctly answer 6 out of 10 questions (chosen from that list of 100 questions) at the naturalization interview **There are waivers and exceptions to both of these testing requirements! REQUIREMENTS FOR NATURALIZATION: LANGUAGE & CIVICS REQUIREMENT

What are the exceptions for the English and History test/interview? Three important exemptions for English testing based on an applicant’s age and time as a Permanent Resident: (a) If you are over 50 years old and have lived in the United States as a Permanent Resident for periods totaling at least 20 years, you do not have to take the English test. You do have to take the civics test in the language of your choice. (b) If you are over 55 years old and have lived in the United States as a Permanent Resident for periods totaling at least 15 years, you do not have to take the English test. You do have to take the civics test in the language of your choice. (c) If you are over 65 years old and have lived in the United States as a Permanent Resident for periods totaling at least 20 years, you do not have to take the English test. You do have to take the civics test in the language of your choice. **You must meet these requirements for age and time as a Permanent Resident at the time you file your application to qualify for an exemption. If you qualify for an exemption of English testing based on age and time as a Permanent Resident, an interpreter, who is proficient in English and the language of your choice, must accompany you to the interview REQUIREMENTS FOR NATURALIZATION: LANGUAGE & CIVICS REQUIREMENT

What is Good Moral Character? How do we know what could violate this requirement? A person applying for citizenship must demonstrate Good Moral Character (GMC) for the five years prior to applying (or three years prior if they obtained LPR status through marriage) There is no good definition for what Good Moral Character actually is, but there are examples of things that count as not having Good Moral Character You’ll see these in the questions in the application! REQUIREMENTS FOR NATURALIZATION: GOOD MORAL CHARACTER REQUIREMENT

ATTACHMENT TO THE CONSTITUTION/ OATH OF ALLEGIANCE REQUIREMENT: 1.Support and defend the U.S. Constitution and government 2.Be loyal to the U.S. 3.If the law requires it: a.Fight in military combat b.Do other work for U.S. military c.Do civilian work with U.S. government REQUIREMENTS FOR NATURALIZATION: ATTATCHMENT/OATH

MILITARY EXCEPTIONS: Active members of the military at the time of war qualify for naturalization IMMEDIATELY! Requirements: 1.One year of good moral character 2.Active military service Considerations: Processing is FREE, but it can take more than year from start to finish USCIS Military Hotline: (877) **Members of the military go through naturalization processes provided by the military and will most likely not be in our workshops. REQUIREMENTS FOR NATURALIZATION

1.Meet Eligibility Requirements 2.Complete & File Application (Form N-400, Application for Naturalization) – They will do this at UCAN workshop! $680 filing fee, if under 75 years old $595 filing fee, if 75 years old or older $0 filing fee, if qualify for a fee waiver (Form I-912, Request for Fee Waiver) Fee should be made out to U.S. Department of Homeland Security 3.Give Biometrics (fingerprints/background check) Appointment at USCIS “Application Support Center” (ASC) 4.Pass Interview Immigration Officer will review N-400 and Eligibility Take & Pass English & Civics Tests 5.Take Oath of Allegiance REQUIREMENTS FOR NATURALIZATION: PROCESSING REQUIREMENTS

OVERCOMING BARRIERS TO NATURALIZATION English Language Waiver 50 / 20 – 50 years of age, 20 years of residency 55/ 15 – 55 years of age, 15 years of residency Fee Waiver Household is currently receiving a means-tested benefit. Your household income is at or below the 150% poverty level at the time you file. You are experiencing a financial hardship that prevents you from paying the filing fee, including unexpected medical bills or emergencies. Medical Disability Exceptions to English and Civics 65/20 Civics Test Study 20 questions instead of 100

COMMUNITY NAVIGATORS DO’S AND DON’T’S 21 DOsDON’Ts Remind people you are not a lawyer Refer people to workshops and screening tools Provide general information from adminrelief.org or other trusted websites Help people collect their documents Encourage applicants to seek legal help Tell someone they do or don’t qualify for DACA, Citizenship or Other Forms of Relief Tell someone whether their application is complete Say you are a legal expert or attorney Charge fees for your services Say the words ‘enough’ or ‘should’

N400 APPLICATION ASSISTANCE

REVIEW: NATURALIZATION PROCESS Prescreening & Screening at Naturalization Workshop Fill out and complete N400 application (and I912/N648 if eligible) Get biometrics appointment letter and go to biometrics appointment Get interview letter and attend interview If pass interview, receive oath ceremony letter and attend oath ceremony U.S. Citizen! Now you can vote, petition family members and more!

LET’S TAKE A LOOK AT THE N-400 APPLICATION

WHAT ARE THE BASIC REQUIREMENTS FOR THE ENGLISH AND CIVICS TESTS? ENGLISH REQUIREMENT WAIVERS Exemption: Rule: 55 years old AND LPR for 15 years at time of filing; OR Exemption: Rule: 50 years old AND LPR for 20 years at time of filing; OR Severe mental, developmental, physical disability that prevents her from learning/demonstrating English (Form N-648, by medical professional) Benefits: Can (1) bring your own interpreter/translator to the interview and (2) take the civics test in primary language. CIVICS REQUIREMENT WAIVER & EXCEPTION Completely Waived if: Severe mental, developmental, physical disability that prevents her from learning/demonstrating civics knowledge (N-648) Exception: Rule: 65 years old AND 20 years at time of filing  Still need to correctly answer 6 out of 10 questions, but only need to study from pool of 20 questions instead of the full 100. ENGLISH AND CIVICS REQUIREMENT EXEMPTIONS & WAIVERS

Applicants could use a Medical Waiver if they have a physical, developmental or mental impairment that results in inability to fulfill English and/or Civics Requirements  Only medical doctors, doctors of osteopathy, or clinical psychologists licensed to practice in the U.S. are authorized to certify the form. ENGLISH AND CIVICS REQUIREMENT EXEMPTIONS & WAIVERS MEDICAL WAIVERS

Must Complete Form I-912, Request for a Fee Waiver o Waives the fee for the N-400. USCIS can also waive the biometrics fee. o There is NO Fee to file this form. o Filed concurrently with N-400 application Eligible If: o Applicant receives federal or state funded means-tested benefit: o OR Applicant’s household income is at or below 150% of the Federal Poverty Guideline at the time of filing; o OR Applicant has financial hardship(s) that preclude ability to pay fee (very strict / difficult) N400 APPLICATION ASSISTANCE NATURALIZATION FEE WAIVER

What are the ages + time with green card needed to qualify to take the exam in your native language? What are the requirements and forms needed to waive all English and Civics testing requirements? Does anyone get out of the interview altogether? N400 APPLICATION ASSISTANCE WAIVERS & EXCEPTIONS REVIEW

N400 APPLICATION ASSISTANCE KEY TIPS FOR APPLICATION PREPARERS Type the application on a computer, if possible. Type in ALL CAPITAL LETTERS. If handwriting the application, USE BLACK INK and PRINT CLEARLY, using all CAPITAL LETTERS. Use an Addendum / Continuation Sheet if there is not enough space on the form. Work without rushing. Focus on applicant understanding and accurate information. Ask staff if you have any questions (If you’re working on the N-400 for the first time and you have no questions, you are probably making mistakes.)

QUESTIONS?