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Basic Naturalization Eligibility Requirements

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. Residence Requirements. LPR

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Basic Naturalization Eligibility Requirements

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  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

  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”

  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

  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

  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

  7. 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 English-language Ability

  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

  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

  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

  12. 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

  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

  15. N-400: Key Points (cont. #6) Selective Srvc Registration: Pg 9, Part 10 F/G • Check www.sss.gov • Requirements: all men 18-26 must register unless nonimmigrant • 26-31 -- 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.

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