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Citizenship & Naturalization

Citizenship & Naturalization. Mony Ruiz-Velasco National Immigrant Justice Center. Acquisition v. Derivation. Acquisition is when a child acquires US citizenship through a parent since the time of birth INA §301(c) – (e), (g) – (h)

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Citizenship & Naturalization

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  1. Citizenship & Naturalization Mony Ruiz-Velasco National Immigrant Justice Center

  2. Acquisition v. Derivation • Acquisition is when a child acquires US citizenship through a parent since the time of birth INA §301(c) – (e), (g) – (h) • Derivation is when a child, subsequent to birth, by operation of law, becomes a US citizen INA §320

  3. Acquisition • A child born outside the US where one or both parents are USCs may acquire USC citizenship at birth. INA §301(c) – (e), (g) – (h)

  4. Derivation Some applicants already gained citizenship through their parents. INA §320. Form N-600 . • Post February 2001: • At least one parent has naturalized • Applicant an unmarried, minor, lawful permanent resident • Pre February 2001: • Both parents USCs or 1 parent has full custody • Applicant an unmarried, minor, lawful permanent resident

  5. New Americans Initiative • Funded by the State of Illinois to encourage LPRs to apply for citizenship • Partnerships with community based organizations and legal organizations • NIJC provides legal immigration review of all applications prepared through NAI in the Chicago, Aurora, and Waukegan collaboratives

  6. Naturalization Requirements • The applicant must: • Be 18 years old • Be a lawful permanent resident • Have been residing in the United States for at least 5 years as a LPR OR • Have been residing in the U.S. as a LPR for 3 years and is married to and residing with their US citizen spouse for 3 years

  7. Naturalization Requirements • Have good moral character • Be able to speak, read, write and understand basic English • Pass a test on U.S. history and government • Be attached to the principles of the United States Constitution • Take an oath of loyalty to the United States

  8. Legal Review at Workshop • Complete the Legal Review Sheet • Fill out N-400 Sections 10 A, D, and E • Determine eligibility. Choose one of three options: • Eligible • Needs documents • Refer Out • ALWAYS take notes on your decision • Send applicant to Legal Review Checkout

  9. Lawful Admission • Always ask the applicant how she obtained lawful permanent residency. • If the applicant was in the U.S. unlawfully prior to residency, make SURE that was disclosed during her residency interview. • If there was an arrest or deport order prior to LPR, ask if that was disclosed at LPR interview. • Ask her if she lied to get her residency. • Don’t assume USCIS made the right decision!

  10. English Requirements • 50/20 and 55/15 Language Waivers • N-648 Medical Waiver Not all collaborative organizations are prepared to do medical waivers. Check with a staff person at each rally for guidance on such cases.

  11. Long Absences • Traveled outside the U.S. for more than six months at one time • Any absence where applicant intended to abandon LPR status • Must have spent at least half of last 5 years physically in the U.S. (913 days)

  12. False Claims to US Citizenship • Registered to vote • If they voted, they are INELIGIBLE and DEPORTABLE; gently inform them • If they did not vote,refer them to de-register and to seek an attorney; still deportable, but discretionary • Used false birth US certificate or US passport to cross border • Before 1996, okay as long as admitted on LPR and waiver approved • After 1996, deportable and no waiver

  13. Other Issues … • Married to more than one person • Owes child support • Failure to pay taxes If applicant is currently making payments as part of an arrangement to pay overdue taxes or child support, okay to proceed. Advise applicant to bring a copy of this agreement to citizenship interview.

  14. Past Problems with Immigration • Lies to immigration • Ex: Already a USC; Misrep length of exit • Detained by immigration • Either at border, at airport or anywhere in US • Ask about fingerprints • Check for voluntary departures/ voluntary returns • Stopped/Questioned • Deportation/Exclusion/Removal • Usually presided by an Immigration Judge

  15. Crimes • Criminal Arrests: review certified disposition • If the applicant does not have a certified disposition, provide them with the instructions sheet. • Use the Referral Guidelines to determine eligibility; if the crime is not listed, see a staff person or note charge and conviction information on the Legal Review worksheet

  16. Crimes • Finding of Guilty • ANY sentence is a conviction for immigration purposes • Probation • Suspended sentence • Court supervision • Community Service • Fines • Jail time

  17. Conviction Documents • Applicant must obtain conviction document if any arrest and/or conviction • NIJC must review all convictions documents before application is sent out to USCIS

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