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Basics of Naturalization Law

Basics of Naturalization Law. Church World Service Immigration Kelly White, Esq. Naturalization. 18 years 5 years with Green Card Exceptions Continuous Presence/Physical Presence Citizenship Test Good Moral Character Oath. If Under 18 Years of Age…. Derivative Citizenship

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Basics of Naturalization Law

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  1. Basics of Naturalization Law Church World Service Immigration Kelly White, Esq.

  2. Naturalization • 18 years • 5 years with Green Card • Exceptions • Continuous Presence/Physical Presence • Citizenship Test • Good Moral Character • Oath

  3. If Under 18 Years of Age… • Derivative Citizenship • N-600 Application • Complicated Area of Law • Looking at Minors, under the age of 18 AND who have a Lawful Permanent Resident Card And who are living with the Parent who naturalizes (delving into custody law). • Automatic • Can apply for U.S. Passport OR for Certificate of Citizenship.

  4. Acquisition of Citizenship • N-600 • For those born abroad to U.S. Citizen Parents • Complicated area of law. • U.S.C. Parent generally required to live in U.S. for a requisite period of time prior to Child’s birth. • Legitimization issues.

  5. 5 Years with Green Card • Unless Married to a U.S. Citizen (and obtained Lawful Permanent Status) • 3 years • Unless Served in the U.S. Armed Forces • 1 year

  6. Physical Presence & Continuous Residence • Must be present for ½ of the 5 year Period (30 Months) • Or Must be present for ½ of 3 year Period if married to U.S. Citizen (18 months) • Must not take trips longer than 6 months duration (resets 5 year clock) • Must not take trips longer than 1 year (Jeopardizes Green card/Lawful Permanent Resident Status) • Abandonment issues; Reentry Permits • If Asylee, should NOT be taking trips to country of asylum.

  7. Citizenship Test • 100 Questions • Language Waivers for 20 years with Green card, over 50 years of age • 15 years with Green card, over 55 years of age • 20 Question Test for 20 years with Green card, 65 years of age • Due consideration (advanced age) • N-648 Disability Waiver • Illness that affects ability to read, understand, and learn English and Civics.

  8. Good Moral Character • Temporary Bars • Permanent Bars • Deportation Issues

  9. How Can Someone Know if They Are In Deportation Proceedings? • Notice to Appear (NTA) • EOIR • 1-800-898-7180

  10. Oath Requirement • Religious Exceptions

  11. Selective Service Requirements and Change of Address • Selective Service • www.sss.gov • Search for registration • Forgiveness in certain cases • Change of Address • AR-11 Form • www.uscis.gov • “FORMS” • Update online

  12. How Can Someone Check Their Case Status? • 1-800-375-5283 • www.uscis.gov • Check Case Status (Right Corner) • Freedom of Information Act

  13. Agenda for Clinic Day • 9:30 am Volunteers Arrive and Prepare Stations • 10 am Public Arrives and Checks-in; Screenings as Time Permits • 11 am Government Liaison Presents • Noon- 2 pm Civics Refresher Session for Waiting Public • Noon- 2 pm Screenings; N-400; Review; Packaging

  14. Clinic Stations

  15. Contact Kelly White, Esq. (336) 676-4223 kwhite@churchworldservice.org Citizenship Classes (336) 617-0381 kdent@churchworldservice.org

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