Citizenship & Naturalization by EQ7Al75w


									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)

   Derivation is when a child, subsequent to birth, by
    operation of law, becomes a US citizen INA §320

   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)

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
 Pre February 2001:

     Both parents USCs or 1 parent has full custody

     Applicant an unmarried, minor, lawful permanent
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
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
       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
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
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:
            1. Eligible
            2. Needs documents
            3. Refer Out
   ALWAYS take notes on your decision
   Send applicant to Legal Review Checkout
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!
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.
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)
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
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.
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

   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

   Finding of Guilty
   ANY sentence is a conviction for immigration purposes
     Probation

     Suspended sentence

     Court supervision

     Community Service

     Fines

     Jail time
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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