1. Basic Eligibility Requirements for Naturalization
Presented by:
Magdalen Kawinski
Staff Attorney CUNY Citizenship Now!

2. Who Can Become a U.S. Citizen?
At birth:
(Almost) anyone born in the U.S.
People born abroad to certain U.S. citizens
After birth:
Lawful permanent resident children who reside in the legal and physical custody of a U.S. citizen parent
Lawful permanent resident adults who apply for naturalization

3. Nationality Laws Immigration and Nationality Act (INA) – Title III
INA Sections 301 through 361
8 Code of Federal Regulations (CFR)
8 CFR Sections 301 through 344, 392, 499
INS Interpretations
Volume 12, USCIS Policy Manual
M-476, A Guide To Naturalization

4. Eligibility to Naturalize
To naturalize, a person must:
Be a Lawful Permanent Resident (LPR)
Be at least 18 years old
Establish Continuous Residence and Physical Presence
Have Good Moral Character (GMC)
Speak, write and read basic English
Pass a test on U.S. History and Civics
Be willing to take the Oath of Allegiance

5. Continuous Residence: 3 or 5 years?
FIVE-YEAR RULE:
Must be an LPR for five years (can file 90 days before the 5-year anniversary)
THREE-YEAR RULE:
If married to a U.S. citizen for three years and living with the same U.S. citizen for three years, then the period of continuous residence is only three years (can file 90 days before the 3-year anniversary)

6. Break of Continuous Residence
Absences of 6 months or more (but less than one year) lead USCIS to presume the LPR disrupted continuous residence unless the LPR proves otherwise
An LPR who travels abroad for one year or more has broken continuous residence
Can apply four years and one day after last re-entry into the U.S. (two years and one day if applying under special rules for spouses of U.S. citizens)
A participant who has otherwise broken continuous residence must wait the full (5 year or 3 year) statutory period
Discuss this vs. abandonment of residence—outside of US more than 365 days—greencard no longer valid for reentry to US

7. Some Factors USCIS Considers in Determining Whether Continuous Residence is Broken
Did applicant terminate his/her employment in U.S. during the absence?
Did applicant’s immediate family remain in the U.S.?
Did applicant retain full access to his/her U.S. abode?
Did applicant work while abroad?
[8 CFR § 316.5(c)(1)(i)]
To be considered when there is absence of 6 months to 1 year. Not limited to these factors. Other documentation may be considered.
If continuous residence is found to be broken, applicant may apply for naturalization:
4 years and 1 day after returning to U.S. (if subject to 5 year statutory residence period)
2 years and 1 day after returning to U.S. (if subject to 3 year statutory period)
[8 CFR § 316.5(c)(1)(ii)]

8. Physical Presence
As well as “continuously residing” in the U.S. the applicant must also be “physically present” for at least half of the 5 or 3 years
Count the number of days actually spent IN the U.S.
Part of a day in the U.S. counts as a full day

9. Good Moral Character
Applicant must demonstrate GMC during the 3 or 5 year period and up to the time they take the oath
GMC is not just about convictions
Other applicable categories:
Child support
Taxes
Selective Service (men only)
Voting

10. GMC: Criminal History
Parking tickets, disorderly conduct, and fines not generally a problem
But a pattern of minor offenses might be
Certain criminal convictions may be temporary bars to naturalization and may also make one removable:
Crimes involving moral turpitude (CIMT’s), firearm offenses, crimes of domestic violence, crimes against children, controlled substance offenses (CSO’s), etc.
Certain crimes classified as aggravated felonies can be PERMANENT bars to naturalization

11. GMC vs. Removability
Establishing GMC for purposes of applying for naturalization is separate from determining whether an applicant is removable under INA §237 for committing an offense
Although an applicant may be able to demonstrate GMC, that does not mean he/she is protected from removal

12. GMC Continued
Taxes:
USCIS expects you to have filed a return if the IRS required it
Selective Service:
Most men living in the U.S. between ages must register
Child Support:
Applicant must be able to show evidence of support of all minor children
Voting:
If not a U.S. citizen, should not have voted

13. English Language and U.S. History & Civics
Most applicants must show basic proficiency in English and U.S. history/civics
Applicant will be asked 10 out of 100 questions; must answer at least 6 correctly
Applicant must correctly read and write one out of three English sentences
If applicant fails test, he/she may request one re-examination [8 CFR § 335.3(b)]

14. Exemptions from Language Requirement
Persons unable to comply because of physical or developmental disability or mental impairment [INA § 312(b)(1)]
50/20 rule: persons over 50 years of age and living in U.S. as LPR for 20 years or more [INA § 312(b)(2)(A)]
55/15 rule: persons over 55 years of age and living in U.S. as LPR for 15 years or more [INA § 312(b)(2)(B)]
The 50/20 and 55/15 rules apply at the time of filing the N-400 application; not at the time of interview. If you do not meet the requirements of the rules at the time you file your application, you do NOT benefit from the rules even if you meet the requirements at the time of interview! You will be expected to proceed at the interview in English.

15. Disability Waiver for English and Civics Requirements
INA § 312(b)(1) “the requirements shall not apply to any person who is unable because of physical or developmental disability or mental impairment to comply therewith.”
Form N-648 Medical Certification for Disability Exceptions

16. Process and Procedure Documents
N-400 Form – new as of 09/13/13
2 passport-style photographs
Copy of back and front of green card
$595 for application + $85 for biometrics = $680 (or Form I-912, Request for Fee Waiver)
Other Docs—See Form M-476, A Guide to Naturalization
Now pink, I-551 stamp, conditional resident card, letter of pending removal of condition etc.
Prints not needed if over 75
Documents of legal name change.
If 3 year adjustment based on marriage:
Marriage certificate, proof of husband or wife’s citizenship, evidence of cohabitation for 3 years
Form filled out completely in blue or black ink—any blanks should bear N/A if N/A
Checks, cashiers checks, or money orders should be made payable to either the “Department of Homeland Security”

17. Filing and Process File at the Dallas, TX lockbox
Applicant will receive confirmation of filing
Applicant will receive appointment for fingerprints
Applicant will receive appointment for interview
At interview:
Review of N-400 for accuracy & changes
English and U.S. history/civics test
Review of original documents
Officer may request additional evidence
Prints will be subjected to criminal check, and application to CIA name check as well as IBIS check
Requests for adjournments should be for good cause, should be sent certified mail-RRR, copies should be kept. Adjournments are risky. They often do not reach the file causing USCIS to possibly deny for failure to appear. They also may delay the whole process. However, may be necessary, especially when practitioner finds out at last minute that applicant has something that might make her removable!
Request for transfer at USCIS discretion. Very risky and will almost certainly cause great delays
Request for documents made on form N-14. Will have 30 days to reply. Should be sent in promptly certified mail, RRR—make copies of EVERYTHING submitted.

18. Oath of Allegiance
Attachment to the principles of the Constitution and well- disposed to the good order and happiness of the U.S. [INA § 337(a)]
Must be willing to take oath or a modified oath
Waiver available under certain circumstances

19. Swearing-in Ceremony
Not a U.S. citizen until applicant has taken the oath
Form N-445, Notice of Naturalization Oath Ceremony
Answer questions on back of N must disclose any changes since interview date
Surrender green card and receive ‘Certificate of Naturalization’
If arrested between interview and oath ceremony, consult an attorney!