CITIZENSHIP. What We Will Cover Today

Transcription

1 Pennsylvania Immigration and Citizenship Coalition CITIZENSHIP Updated Dec. 15, 2018 Community Navigator Training: Module 5 What We Will Cover Today 2 Review: PICC and Community Navigators Learn about how to become a US Citizen How to screen for citizenship eligibility How to complete N-400 Application, in a legal clinic under the supervision of an attorney or DOJ accredited representative How to file an I-912 Form, Request for Fee Waiver 1

2 Who Is PICC? The Pennsylvania Immigration and Citizenship Coalition (PICC) is a diverse coalition of over 50 member organizations across the state. PICC leads and supports campaigns to advance immigrant rights at the local, state, and federal levels; builds immigrant electoral power through voter registration and education; supports grassroots community-led organizations through training and capacity building; and helps increase access to immigration services through the PA is Ready! project. What is a Community Navigator? Community Navigators are community members who receive specialized training to provide quality immigration services and information to their communities. 2

3 Introductions Name Organization or Group What is the last movie you saw? How to Become a US Citizen 3

4 Benefits Of Citizenship 7 As a citizen, you gain the right to vote, which leads to political empowerment Travel more conveniently Immigrate a wider range of relatives more quickly Prevents deportation Live outside of the U.S. Hold public office Hold jobs requiring citizenship Access to public programs & benefits Pass on citizenship to children through derivation How To Become A US Citizen 8 By Birth: Born in the U.S. (by land) By Acquisition: Born outside the U.S. to a U.S. Citizen parent (by blood) By Derivation: Born outside the U.S. and Parents become U.S. citizens and While applicant is under 18 years old and While applicant is a lawful permanent resident (LPR) By Naturalization: Born outside the U.S. Become an Legal Permanent Resident (LPR) for 5 years (or 3 years if married to a U.S. citizen or in other circumstances), **Meet other requirements File an application 4

5 What is a Lawful Permanent Resident (LPR)? 9 Green Card Holder Have to renew green card every 10 years, pay $450 Use home country s passport Authorized to work given Social Security Number without restrictions Risk of deportation without abandonment Can sometimes petition for spouse or children Limited travel outside the US No interview or English and civics requirement to keep LPR status Requirements For Naturalization 10 Be at least 18 years old Have a green card (LPR status) for: 5 years OR 3 years if married to and living with U.S. citizen Meet requirements for amount of time spent inside U.S. No evidence of abandoning green card Speak, read, write basic English (some waivers) Answer questions about U.S. civics Show attachment to U.S., take meaningful oath Have good moral character Pay naturalization fee (unless qualify for waiver) 5

6 Continuous Residence Requirement 11 What does continuous residence mean? Continuous residence means time living in the United States LPRs are allowed to travel outside the U.S. BUT n Absence of six consecutive months can disrupt continuous residence (rebuttable) n Absence of one full year or more = BREAK in continuous residence! Abandonment issues arise if there is evidence! (Can counter by showing intent to remain as LPR) Continuous Residence Requirement Cont. 12 What are the continuous residence requirements? Reside for 90 days (3 months) in state (district) where application is filed PLUS EITHER Five years of continuous residence as a Lawful Permanent Resident (LPR) OR Three years of continuous residence as an LPR if married to a U.S. Citizen (spouse must have been a U.S. Citizen for all three years) May apply for Naturalization 3 months prior to end of continuous residency requirement (e.g. 4 years + 9 months) 6

7 Physical Presence Requirement 13 What are the requirements for time spent inside the U.S. before applying? Applicant must be physically present in the U.S. during the continuous residence period, for cumulatively at least half of the required continuous residence period n 2.5 years total if you are required to have 5 years of continuous residence; OR n 1.5 years total if you are required to have 3 years of continuous residence. Language And Civics Requirement 14 What are the requirements for the English and History test/interview? English Testing: Must show an ability to speak, read and write basic English (U.S. 4th grade level) through testing at the interview Civics Testing: Must show a basic understanding of U.S. civics and history through testing at the interview n Applicants must study from a pool of 100 questions on history and government n Test: Applicants must correctly answer 6 out of 10 questions (chosen from that list of 100 questions) at the naturalization interview **There are waivers and exceptions to both of these testing requirements! 7

8 Language and Civics Exam Waivers 15 Applicants may take the civics exam in their own language if: 50/20 Rule: applicant is at least 50 years old and has been an LPR for 20 years 55/15 Rule: applicant is 55 years old and has been an LPR for 15 years Applicants over age 65 and who have been an LPR for at least 20 years can take a simpler exam in their own language. **Allow the attorney to decide whether or not the applicant falls under one of these waivers. Good Moral Character Requirement 16 What is Good Moral Character? How do we know what could violate this requirement? A person applying for citizenship must demonstrate Good Moral Character (GMC) for the five years prior to applying (or three years prior if they obtained LPR status through marriage) There is no good definition for what Good Moral Character actually is, but there are examples of things that count as not having Good Moral Character You ll see these in the questions in the application! 8

9 Military Exceptions 17 Active members of the military at the time of war qualify for naturalization IMMEDIATELY! Requirements: One year of good moral character Active military service Considerations: Processing is FREE, but it can take more than year from start to finish USCIS Military Hotline: (877) **Members of the military go through naturalization processes provided by the military and will most likely not be in our workshops. N-400 Processing Requirements 18 Meet Eligibility Requirements Complete & File Application (Form N-400, Application for Naturalization) $725 filing fee, if under 75 years old $640 filing fee, if 75 years old or older $405 filing fee, if qualify for reduced fee waiver (Form I-942, Request for Reduced Fee Waiver) $0 filing fee, if qualify for a fee waiver (Form I-912, Request for Fee Waiver) Check should be made out to U.S. Department of Homeland Security Give Biometrics (fingerprints/background check) Appointment at USCIS Application Support Center (ASC) Pass Interview Immigration Officer will review N-400 and Eligibility Take & Pass English & Civics Tests Take Oath of Allegiance 9

10 Let s Review! Split into groups of 3. Give each person a chance to speak. Ø Explain the requirements for naturalization Pro Se Legal Clinic Model Pro Se legal clinics are a way to help a large group of people with their citizenship application process 10

11 Where We Can Help 21 Eligibility Screening Complete & Submit Form N-400 Biometrics Letter & Appointment Interview Letter & Appointment If pass interview, receive oath ceremony invitation and attend. Become US Citizen! Role of Community Navigator 22 Screen applicants for Citizenship eligibility Review documents Assist client with application completion Give out resources for English and Civics Exam preparation 11

12 The Attorney s Role 23 Give legal advice Answer any legal questions Review completed application Approve application to send to USCIS Room Set-Up Eligibility Screening Registration/ Appointment Table 3. Eligibility Screening 2. Information Session 12

13 Room Set-Up Application Assistance Registration Table 2. Waiting Area 4. Application Review by Attorney/BIA Rep 3. Application Assistance Citizenship Series Materials 26 Step 1 Eligibility Screening: Sign-in sheet Citizenship Screening Tool Citizenship Appointment Sheet Attorney Referral List ESL Referral List Step 2 Application Assistance: N-400 Application Form I-912, Request for Fee Waiver 100 Civics Questions 13

14 Citizenship Eligibility Screening Why Do We Screen Participants? 28 Ensures that applicants are eligible for Naturalization Ensures that applicants who have red flags seek legal advice and representation when needed Ensures that the workshop/clinic runs smoothly and efficiently 14

15 Requirements For Naturalization 29 Be at least 18 years old Continuous Residence Requirement Physical Presence Requirement Language & Civics Requirement Good Moral Character Requirement Oath of Allegiance Processing Requirements Red Flags 30 If someone triggers any of these warning (red ) flags, make sure to refer them to the immigration supervising attorney or attorney assigned for legal review. Physical Presence Have been out of the U.S. for 6 consecutive months or more since receiving Green Card Have moved to another country since receiving Green Card Green Card Issues Information on Citizenship application differs from or contradicts information given to get Green Card / Other Immigration Status False Statements to retain/obtain Immigration Benefits (e.g. Green Card) Selective Service Applicant is a male and did not register for the Selective Service between years old 15

16 Red Flags, Continued 31 Criminal Activity: Examples of convictions that potentially make applicant deportable: drugs, firearms, domestic violence Examples of convictions that potentially form a bar to naturalization: prostitution, illegal gambling Examples of dispositions that won t bar naturalization but need attention: n arrest but no conviction, not a problem BUT needs a certified court disposition n conviction for minor offense (disorderly conduct, etc.) and still on probation IMPORTANT: Most states have a youth/first offender law that works like probation, and when successful, is not a conviction for the state. However, needs to reveal it and might be a conviction for immigration. Immigration Proceedings / Issues: In Removal (Deportation Proceedings Has prior Deportation Order Has assisted someone to enter US illegally Red Flags, Continued 32 Money / Taxes / Child Support Applicant has failed to pay taxes Applicant paid taxes as a non-resident Applicant failed to pay child support Other Habitual Drunkard Polygamy Voted / Registered to Vote in ANY U.S. election Claimed to be a U.S. Citizen, but wasn t a U.S. Citizen REMEMBER: If you are unsure whether something is a Red Flag, ask an attorney or DOJ Accredited Representative! 16

17 Interview Tips 33 You can see here that these questions are not too complicated but are immediately personal It s your job to make sure people feel comfortable enough to share the truth during the screening so they can get accurate advice and assistance Once Screening Is Complete, 34 If eligible, participant is ready for application assistance! If not eligible Because of language requirement, give a referral list of ESL classes in the area Because of any other reason, ask participant to speak with on-site attorney 17

18 Let s Practice! Find a partner and practice using the Citizenship Eligibility Screening Tool. Ø Alternate asking questions Ø Practice identifying red flags N-400 Application Assistance 18

19 Moving On To Application Assistance 37 After screening the applicant, if no red flags have been raised, you are ready to move on to the actual application! Remember: You are not an accredited legal representative You cannot advise the applicant on HOW to complete the form or WHAT to say on the form You CAN help translate parts that are unclear and help fill in information that they tell you Quick Review 38 What are the basic requirements for the English and Civics Tests? English Requirement Exemptions and Waivers Exemption: Rule: 55 years old AND LPR for 15 years at time of filing; OR Exemption: Rule: 50 years old AND LPR for 20 years at time of filing; OR Severe mental, developmental, physical disability that prevents her from learning/demonstrating English (Form N-648, by medical professional) Benefits: Can (1) bring your own interpreter/translator to the interview and (2) take the civics test in primary language. Civics Requirement Waiver & Exemption Completely Waived if: Severe mental, developmental, physical disability that prevents her from learning/demonstrating civics knowledge (N-648) Exemption: Rule: 65 years old AND 20 years at time of filing Still need to correctly answer 6 out of 10 questions, but only need to study from pool of 20 questions instead of the full

20 Part 1: Information About Eligibility 39 Page 1 40 Page 1 Part 2: Information About You 20

21 Part 2: Information About You (cont.) 41 Page 2 42 Page 2 Part 2: Information About You (cont.) 21

22 43 Part 3: Accommodations for individuals with Disabilities and/or Impairments Page 2 Part 3: Accommodations Cont. 44 Page 3 22

23 Part 4: Information about Contact You 45 Page 3 Part 5: Info About Residence 46 Page 4 23

24 Part 6: Information About Your Parents 47 Page 4 48 Part 6: Information About your Parents Cont. Page 5 24

25 Part 7: Biographic Information 49 Page 5 50 Page 6 Part 8: Information about your Employment and Schools You Attended 25

26 Part 9: Time Outside the United States 51 Page 7 52 Page 7 Part 10: Marital History 26

27 Part 10: Marital History Cont. 53 Page 8 54 Page 10 Part 10: Marital History Cont. 27

28 Part 10: Marital History Cont. 55 Page 8 56 Page 9 Part 10: Marital History Cont. 28

29 Part 11: Children Information 57 Page 9 58 Page 10 Part 11: Children Information Cont. 29

30 59 Page 11 Part 11: Additional Information 60 Page 12 Part 12: Additional Information 30

31 Part 12: Additional Information (cont.) 61 Page Page 13 Part 12: Additional Information (cont.) 31

32 Part 12: Additional Information (cont.) 63 Page Page 14 Part 12: Additional Information (cont.) 32

33 Part 12: Additional Information (cont.) 65 Page Page 15 Part 12: Additional Information (cont.) 33

34 Part 12: Additional Information 67 Page Page 16 Part 12: Additional Information 34

35 Part 13: Statement for Certification 69 Page Page 17 Part 3: Statement of Certification Cont. 35

36 Part 14: Interpreter s Contact 71 Page 72 Part 14: Interpreter s Contact Cont. Page 18 36

37 Part 15: Person Preparing Application 73 Page 18 Part 15: Person Preparing Application 74 Page 19 37

38 Part 16: Signature at Interview 75 Page 19 Part 17: Foreign Titles 76 Page 20 The image cannot be displayed. Your computer may not have enough memory to open the image, or the image may have been corrupted. Restart your computer, and then open the file again. If the red x still appears, you may have to delete the image and then insert it again. 38

39 Part 18: Oath of Allegiance 77 Page 20 Let s Practice! Practice filling out the N-400 Application with a partner! Ø Review full application are there any sections you don t understand? Ø Pick a section and alternate asking questions 39

40 Fee Waivers Two options: 1. Reduced Fee Waiver (Form I-942) 2. Fee Waiver (Form I-912) N400 Reduced Fee Waiver 80 Must Complete Form I-942, Request for Reduced Fee There is NO Fee to file this form. Must submit reduce N400 fee ($320) & biometrics fee ($85) for a TOTAL ($405) Filed concurrently with N-400 application Eligible If: Applicant s household income is greater than 150% but not more than 200% of the Federal Poverty Guideline at the time of filing; 40

41 N400 Fee Waiver 81 Must Complete Form I-912, Request for a Fee Waiver Waives the fee for the N-400. USCIS can also waive the biometrics fee. There is NO Fee to file this form. Filed concurrently with N-400 application Eligible If: Applicant receives federal or state funded means-tested benefit: OR Applicant s household income is at or below 150% of the Federal Poverty Guideline at the time of filing; OR Applicant has financial hardship(s) that preclude ability to pay fee (very strict / difficult) I-912 Request for Fee Waiver 41

42 Part 1: Basis for Your Request 83 Part 2: Information About You 84 42

43 Part 3: Applications Requesting Fee Waiver For 85 Part 4: Means-Tested Benefits 86 43

44 Part 5: Income at or Below 150% 87 Part 5: Income at or Below 150% Cont

45 Part 5: Income at or Below 150% Cont. 89 Part 6: Financial Hardship 90 45

46 Part 6: Financial Hardship Cont. 91 Part 7: Requestor s Statement 92 46

47 Part 7: Requestor s Statement Cont. 93 Part 8: Family Member s Statement 94 47

48 Part 8: Family Member s Statement Cont. 95 Part 9: Interpreter s Information 96 48

49 Part 9: Interpreter s Information Cont. 97 Part 10: Preparer s Information 98 49

50 Part 10: Preparer s Information Cont. 99 Part 10: Preparer s Information Cont

51 Completed Citizenship Application 101 Completed N-400 Form Copy of front and back of green card $725 Fee in the form of money order or Check made out to Department of Homeland Security Possible to pay with credit/debit card with form G-1415 OR Request for Reduced Fee, I-942 Form OR Request for Fee Waiver, I-912 Form Best Practices For Filling Out The N Type the application on a computer, if possible. Type in ALL CAPITAL LETTERS. If handwriting the application, USE BLACK INK and PRINT CLEARLY, using all CAPITAL LETTERS. Use an Addendum / Continuation Sheet if there is not enough space on the form. Work without rushing. Focus on applicant understanding and accurate information. Ask staff if you have any questions 51

52 Let s Practice! Practice filling out the Fee Waiver Application with a partner! Ø When is someone eligible for a fee waiver? Ø Pick a section and alternate asking questions Complete Review Worksheet 52

53 You have completed Module 5! 105 REMEMBER: Complete and submit the Community Navigator Certification Agreement Update your Community Navigator Training Log Sign up for your next training module! Community Navigator Core Curriculum 106 Community Navigator Orientation Module 1: Overview of Immigration Law Module 2: Know Your Rights Module 3: Deportation Defense Module 4: Comprehensive Screening Tool Module 5: Citizenship Module 6: Presentation and Training Skills 53

54 Thank you to 107 Tool developed by: National Partnership for New Americans (NPNA) United Food & Commercial Workers (UFCW) Contact Us Kim Dinh Western PA Program Staff