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

2. Residence Requirements
LPR
For 5 years (3 years if married to USC and living in marital union at filing)
**Rollback rule for asylees and refugees
Opp for CIS to investigate whether eligible for admission for LPR & whether maintained status (look for admissibility/removability issues + abandonment issues);
Residence = principal dwelling place
Rollback: Refugees can start counting 5 years from day arrived in US;
Asylees can start counting from one yr before LPR status granted
Both these dates should be reflected on gr card.
Sec. 316
VAWA Natz: 3 year rule also applies to LPRs who got status via I360 or I751 waiver based on marriage to USC (altho no longer married)

3. Residence Requirements (cont. #2)
Residence must be continuous -- certain absences may break continuity of residence
Generally
Absences < 6 mos. - OK
Absences 6 mos. – 1 yr – shift/prove
Absences > 1 year – CP “broken”
< 6 mos: no disruption of cont residence
6 mos – 1 yr: USCIS presumes residence was disrupted, but applicant can prove otherwise. (maintained ties to us: job, house, immed family, bank accounts, filed taxes, school records, etc.)
> 1yr: automatically disrupts cont. resid. Can apply 4 yrs + 1 day after ret’g to US (bc can be absend up to 364 days w/out auto’ly breaking continuity of resid.) or 2 yrs + 1 day if spouse of USC.

4. Residence Requirements (cont. #4)
3 months residence in CIS Service District or state where file N-400
Must reside in U.S. from filing of application to oath
May apply 3 months before residence period (3 or 5 yrs) completed
2. don’t need to remain in US after filing, only “reside”; same rules as continuous residence before filing
3. Can’t file 3 mos early if haven’t lived w/spouse for full 3 yrs already.

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
Physical presence exceptions: USC spouses, US AF members, US nationals (can meet in outlying possession)
PP doesn’t have to be continuous – just add up all time in US

6. Good Moral Character Requirement
Must prove “good moral character” for same statutory period as the residence requirement (3 or 5 years).
Statutory Bars
Discretionary Bars
CIS not limited to stat period – can look beyond sec. 316(e)
Case-by case evaluation; no stat definition of what GMC is;
CIS uses standards of average citizen in community
CIS conducts FBI FP check to investigate background

7. English-language Ability
Speaking ability established at interview
Read and write 1-2 basic sentences at interview
Exemptions from
English requirement:
-50/20
-55/15
-N-648 Disability
Waiver
Verbal/writing skills at 4th grade level
List of sample sentences
Must meet age/resid time on date of filing application

8. Statutory Bars to GMC Permanent and Temporary Bars Permanent Bars:
Conviction of aggravated felony after 11/29/1990
Conviction of murder at any time
Look to date of bad act, not date of subsequent conviction or court actions

9. Statutory Bars to GMC (cont. #2)
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
prostitution or commercialized vice
“alien” smuggling
polygamy
habitual drunkard
illegal gambling
false testimony to obtain immigration benefit
101(f)

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

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

12. Who should not apply for citizenship
Who should not apply for citizenship? Offenses that may make an LPR removable
Convicted of an Aggravated Felony
Made false claim to U.S. citizenship
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”
Unlawful Voting
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
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
MD, DO, or psychologist completes N-648
Qualifying disabilities: depression, mental retardation, PTSD, stroke, etc.
Refer to NJP or NWIRP

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

15. N-400: Key Points (cont. #6)
Selective Srvc Registration: Pg 9, Part 10 F/G
• Check
• Requirements: all men must register unless nonimmigrant
• still w/in last 5 years. Affidavit re not knowing and willful
• > 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 Kentucky, must be registered 29 days before election.