NATURALIZATION & US CITIZENSHIP: THE ESSENTIAL LEGAL GUIDE 15 TH EDITION TABLE OF CONTENTS

Naturalization & US Citizenship NATURALIZATION & US CITIZENSHIP: THE ESSENTIAL LEGAL GUIDE 15 TH EDITION TABLE OF CONTENTS Chapter 1 Introduction and Overview 1.1 Introduction to Citizenship... 1 1.2 Overview of the Basic Requirements for Naturalization... 3 1.3 How to Use This Manual... 4 1.4 Contents of the Manual... 5 1.5 Key Definitions... 6 Chapter 2 Initial Discussions with Clients 2.1 Overview of Working with Clients to Complete the Naturalization Process... 9 2.2 Explaining Naturalization... 11 2.3 Discussing the Advantages and Disadvantages of Naturalization... 16 2.4 Reasons Why People Want to Naturalize... 17 2.5 Reasons Why People Do Not Want to Naturalize... 17 Appendix 2-A Naturalization Flyers (English, Spanish, and Chinese) Chapter 3 Overview of Naturalization, the Legal Requirements, and the Application Process 3.1 What Is Naturalization?... 25 3.2 Considerations in Naturalizing... 25 3.3 The Nine Basic Naturalization Requirements... 27 3.4 Lawful Permanent Resident Status... 28 3.5 Age... 30 3.6 Good Moral Character, Bars to Naturalization, Permanent Ineligibility for Citizenship, and Discretion... 30 3.7 Attachment to the Principles of the Constitution... 32 3.8 English Language... 32 3.9 U.S. History and Government... 33 3.10 Residence in the United States... 34 3.11 Physical Presence in the United States... 35 3.12 Disruption of Continuous Residence (Breaking the Continuous Residence for Naturalization Purposes)... 35 3.13 Oath of Allegiance... 37 3.14 Overview of the Application Process... 37 Chapter 4 Lawfully Admitted for Permanent Residence 4.1 Introduction... 39 4.2 Ineligible for Admission as a Lawful Permanent Resident... 41 4.3 Inadmissible at Time of Entry or Adjustment of Status and Now Removable... 43 iii

Immigrant Legal Resource Center 4.4 The Continuing Validity of Entry, Re-Entry and the Fleuti Exception... 47 4.5 Waivers Under 212(k)... 50 4.6 Fraud Waivers in Removal Proceedings... 52 4.7 Abandonment of Residence: Losing Permanent Resident Status... 55 4.8 Reentry Permits... 62 4.9 People Who Have Served in the U.S. Armed Forces... 64 4.10 Adjudicating Naturalization Applications of Military Personnel... 76 4.11 Filipino War Veterans... 78 4.12 Posthumous Citizenship and Surviving Family Benefits... 79 Appendix 4-A Appendix 4-B Checklist to Determine if a Naturalization Applicant Might Be Deportable Handout for Applicants on Grounds of Deportation (English & Spanish) Handouts for Applicants on Abandonment of Residence (English & Spanish) Chapter 5 Residence and Presence Requirements and Exceptions 5.1 Introduction... 87 5.2 First Residence Requirement: Five Years of Continuous Residence... 88 5.3 Exceptions to the Five-Year Continuous Residence Requirement for Special Groups... 90 5.4 Disrupting Continuous Residence... 102 5.5 Exceptions to Disruptions of One Year or More... 109 5.6 Second Residence Requirement: Three Months of Local Residence... 113 5.7 Third Residence Requirement: Continuous Residence After Submitting the Application... 114 5.8 Fourth Residence Requirement: Physical Presence in the United States... 114 5.9 The Effect of Deportation/Removal Orders and Deferred Inspections... 117 Chapter 6 Good Moral Character and Statutory Bars to Eligibility 6.1 Introduction... 119 6.2 The Good Moral Character Requirement: An Overview... 121 6.3 Permanent and Temporary Statutory Bars to Establishing Good Moral Character Under INA 101(f)... 126 6.4 False Testimony... 128 6.5 Polygamy... 133 6.6 Alien Smuggling... 134 6.7 Denial of Naturalization Based on a Discretionary Finding of a Lack of Good Moral Character... 138 6.8 Willful Failure to Support One s Dependents (Willful Failure to Pay Child Support)... 143 6.9 Fraudulent Receipt of Public Benefits... 144 6.10 Extra-Marital Affairs... 145 6.11 Failure to Register for the Selective Service... 146 iv

Naturalization & US Citizenship 6.12 Failure to File Taxes... 151 6.13 Temporary Ineligibility to Naturalize... 154 6.14 Permanent Ineligibility to Naturalize... 154 6.15 Deportability Issues... 156 6.16 Non-Citizen Voting... 159 6.17 False Claims to U.S. Citizenship... 167 Appendix 6-A Appendix 6-B Appendix 6-C Example of Positive Equities for Determining Good Moral Character Effects of Welfare Benefits to Applicants for Naturalization INS Memorandum from General Counsel Paul Virtue on Failure to Register for Selective Service as a Bar to Naturalization, April 27, 1998; and Executive Office of Naturalization Operations, Policy Memorandum No. 11, Reiteration of Service Policy regarding 334 of the INA, June 18, 1999 Chapter 7 Criminal Issues and Good Moral Character 7.1 Introduction... 187 7.2 Dealing with Clients Who May Have a Criminal Record: Obtaining Records... 189 7.3 The Good Moral Character Requirement: An Overview... 190 7.4 Statutory Bars to Establishing Good Moral Character... 193 7.5 Conviction or Admission of a Crime Involving Moral Turpitude... 195 7.6 Conviction or Admission of a Controlled Substance Offense... 197 7.7 Reason to Believe Drug Trafficker... 198 7.8 Habitual Drunkard and DUIs... 199 7.9 180 Days or More in a Penal Institution... 201 7.10 Aggregate Sentence of 5 Years or More... 204 7.11 Prostitution... 204 7.12 Gambling... 205 7.13 Denial of Naturalization Based on a Discretionary Finding of a Lack of Good Moral Character... 206 7.14 Commission of, or Conviction or Imprisonment for, Unlawful Acts... 210 7.15 Effect of Probation, Parole, or Suspended Sentence... 213 7.16 Deportability Issues... 214 7.17 Effect of Post-Conviction Relief and Diversion Schemes... 218 7.18 Effect of Immigration Relief... 223 7.19 Possible Defenses for Deportable Naturalization Applicants... 224 Appendix 7-A Appendix 7-B Appendix 7-C Obtaining Criminal Record Checks for Naturalization Applicants and Other Immigrants Good Moral Character Handouts in English & Spanish USCIS Memorandum from Director William R. Yates on Amendment to AFM 73.6(d)(3)(B) regarding Application of the Unlawful Acts Regulation in Naturalization Determinations; September 19, 2005 v

Immigrant Legal Resource Center Chapter 8 The English and U.S. History and Government Tests 8.1 Introduction... 243 8.2 English Requirements... 245 8.3 Exceptions to the English Language Requirement... 248 8.4 U.S. History and Government: The Civics Test... 249 8.5 Special Rules on the Civics Requirement... 252 8.6 Re-Examination... 253 Appendix 8-A Preparing for the English and U.S. History and Government Tests: Classes, Sample 100 Questions, Reading and Writing Vocabulary, Civics Questions for the 65/20 Exemption, and Other USCIS Resources Chapter 9 Working with Applicants Who Have Disabilities 9.1 Introduction to Accommodations for Individuals with Disabilities and the Disability Exceptions to the English and Civics Requirements... 259 9.2 USCIS Must Make Reasonable Accommodations to the Naturalization Process for Applicants with Disabilities... 262 9.3 Understanding the Disability Exceptions... 268 9.4 Applying for the Disability Exceptions: Preparing the N-648 Form... 281 9.5 How Advocates, Doctors and Social Workers Can Work Together... 287 9.6 Applying for the Disability Exceptions: Procedural Issues... 290 9.7 Appeals of Denials of Disability Exceptions... 298 9.8 Signature on Naturalization Form and N-648 Form... 298 9.9 The Naturalization Examination and Oath of Allegiance for People with Severe Disabilities... 299 9.10 USCIS Recognized Indicators that a Naturalization Applicant with a Disability Understands the Oath... 305 9.11 Expedited Ceremonies for Persons with Serious Illness or Disabilities... 306 Appendix 9-A Appendix 9-B Appendix 9-C Appendix 9-D Appendix 9-E Appendix 9-F Disability Exceptions, Final Rule Amending 8 CFR 312, Regarding Exceptions to the Educational Requirements for Naturalization for Certain Applicants, 62 FR 12915 (Mar. 19, 1997) Sample Letter Requesting Accommodation at Naturalization Interview Section 504 Discrimination Complaint: Sample Complaint, and Flowchart Sample Letter and Tips for Medical Professionals and N-648 Disability Waiver Form (Blank Form and Instructions) Memorandum from Michael A. Pearson, Executive Associate Commissioner, Office of Field Operations, Immigration and Naturalization Service, Section 312 Disability Naturalization Adjudications, April 7, 1999 Memorandum from William R. Yates, Acting Associate Director, Bureau of Citizenship and Immigration Services, Procedures for Implementing vi

Appendix 9-G Appendix 9-H Appendix 9-I Appendix 9-J Naturalization & US Citizenship the Waiving of the Oath of Renunciation and Allegiance for the Naturalization of Aliens having Certain Disabilities, June 30, 2003 USCIS Memorandum from Michael Aytes, Acting Associate Director, Domestic Operations, Adjudication of Form N-648, Medical Certification for Disability Exceptions to the Immigration and Nationality Act (INA) Section 312 Naturalization Requirements, May 10, 2006 USCIS Memorandum from Donald Neufeld, Acting Deputy Associate Director Domestic Operations Directorate, Guidance Clarifying the Adjudication of Form N-648, Medical Certification for Disability, September 18, 2007 USCIS Interim Policy Memorandum, Revised Guidance for Determining the Sufficiency of Form N-648, Medical Certification for Disability Exceptions; Revision to Adjudicator s Field Manual Chapter 72 and 74 (AFM Update AD10-14), Dec. 14, 2010 Memorandum from William R. Yates, Deputy Executive Associate Commissioner, Office of Field Operations, Immigration Services Division, Guidance on Making the Naturalization Process Accessible to Applicants with Disabilities, January 21, 2003 Chapter 10 The Application Process and Interview 10.1 Introduction to the Naturalization Process... 455 10.2 The Application... 455 10.3 Documentation... 482 10.4 Applications of People with Disabilities... 487 10.5 Expedited Naturalization Application Processing... 487 10.6 Amending the Application... 489 10.7 Transferring Between USCIS Districts... 490 10.8 Withdrawing the Application... 491 10.9 Preparing for the USCIS Interview... 491 10.10 The Interview... 493 10.11 What Happens After the Interview... 495 10.12 Problems in the Process... 496 Appendix 10-A Sample N-400 Completed Naturalization Application Appendix 10-B Annotated N-400 Appendix 10-C Continuation Pages for N-400 Appendix 10-D Legal Worker Checklist for Naturalization Cases Appendix 10-E Sample Attorney-Client Letter Discussing Next Steps in Naturalization Application Process Appendix 10-F Sample Naturalization Application Cover Letter to USCIS Appendix 10-G N-400 Review Guide Appendix 10-H USCIS Memorandum on Biometrics Requirements for Naturalization vii

Immigrant Legal Resource Center Appendix 10-I Appendix 10-J Appendix 10-K USCIS Memorandum on The Role and Use of Interpreters in Domestic Field Office Interviews Sample Fee Waiver Sample Letters Contesting INS Decision to Recommend Denial of Naturalization Application Chapter 11 Loyalty Oath and Naturalization Ceremony 11.1 Introduction... 595 11.2 Oath of Allegiance... 595 11.3 The Text of the Oath... 596 11.4 The Meaning of the Oath... 596 11.5 Waivers to the Oath Requirement, Expedited Oath Ceremonies, and Accommodations for Individuals with Certain Disabilities... 598 11.6 Modifications to the Oath Requirement... 599 11.7 Changes in the Naturalization Process... 603 11.8 Jurisdiction: USCIS or the Courts... 603 11.9 Judicial Ceremonies... 604 11.10 Name Changes... 605 11.11 USCIS Ceremonies... 606 11.12 Failure to Attend a Naturalization Ceremony... 606 11.13 Procedures During a USCIS or Judicial Ceremony... 607 11.14 Applying for a U.S. Passport... 609 11.15 Gaining Knowledge from Clients... 609 Appendix 12-A Group Processing Packets; Form N-400 in Spanish Appendix 12-B Sample Green Cards Appendix 12-C Outreach Flyers on What Must Be Sent with an N-400 Appendix 12-D Naturalization Group Processing List of Participants Chapter 12 Group Processing 12.1 Introduction... 611 12.2 Overview of Naturalization Group Processing... 615 12.3 The Introductory Workshop... 616 12.4 Applicants Preparation for the Application Workshop... 621 12.5 The Application Workshop... 621 12.6 Follow-Up on Applications... 625 12.7 The Interview Preparation Workshop: Introduction... 626 12.8 Request for Volunteers and Evaluations... 630 Chapter 13 Denials, Appeals, and USCIS Inaction 13.1 Introduction... 669 13.2 Denials... 670 13.3 The Appeal Process... 674 13.4 Other Options... 682 13.5 USCIS Inaction... 684 13.6 Writ of Mandamus... 690 viii

Appendix 13-A Appendix 13-B Appendix 13-C Naturalization & US Citizenship Rule on Private Immigration Bills to Congress for Naturalization Sample Completed N-336, Naturalization Appeal Sample Briefs in Support of Administrative Naturalization Appeal Chapter 14 Citizenship and Children 14.1 Introduction to Citizenship for Children of U.S. Citizens... 726 Part One: Acquisition of Citizenship 14.2 Introduction to Acquisition of Citizenship... 728 14.3 Who Can Acquire Citizenship at Birth Outside of the United States... 728 14.4 Using the Charts to Determine Acquisition of Citizenship... 729 14.5 Documenting a Claim of Acquisition of Citizenship... 733 Part Two: Derivation of Citizenship 14.6 Introduction to Derivation of Citizenship... 736 14.7 Who Can Derive Citizenship... 737 14.8 Using the Chart to Determine Derivative Status... 739 14.9 Child Citizenship Act of 2000... 742 14.10 Definition of Legal Custody under the Child Citizenship Act of 2000 for Children Who Are Legitimate... 743 14.11 Definition of Legal Custody under the Child Citizenship Act of 2000 for Children Who Were Born out of Wedlock ( Illegitimate Children )... 745 14.12 Definition of Legal Custody for Purposes of Derivative Citizenship Before the Child Citizenship Act of 2000... 746 14.13 Documenting and Applying for Derivative Citizenship... 750 14.14 Appealing a Denial of a 320 Citizenship Application... 752 Part Three: Citizenship Under INA 322 14.15 Introduction to 322 Citizenship... 753 14.16 Definition of Legal Custody for 322 Citizenship for Children Who Are Legitimate... 756 14.17 Definition of Legal Custody for 322 Citizenship for Children Born Out of Wedlock ( Illegitimate Children )... 756 14.18 Documenting a Claim Under 322 Citizenship... 757 14.19 Applying for 322 Citizenship... 758 14.20 Appealing a Denial of a 322 Citizenship Application... 760 Part Four: Naturalization for Children Who Served During Hostilities and Special Naturalization Provisions for Certain Children 14.21 Introduction to Naturalization for Children Who Served During Hostilities... 761 14.22 Special Naturalization Provisions for Certain Children... 762 Appendix 14-A Appendix 14-B Appendix 14-C Acquisition of Citizenship Charts Derivation of Citizenship Chart Obtaining Evidence of U.S. Citizenship for a Child Living Abroad (Sample Form DS 3053 and DS-2029) ix

Immigrant Legal Resource Center Appendix 14-D Sample N-600 Application Appendix 14-E INS Memo on Eligibility of Children Born out of Wedlock for Derivative Citizenship (Sept. 2003) Appendix 14-F Sample Letter from Passport Applicant under INA 320 Appendix 14-G INS Memo on Effect of Grandparent s Death of Naturalization under INA Section 322 (Apr. 2003) Appendix 14-H Sample 600-K Appendix 14-I INS Memo, Instructions for Processing Applications Filed by US Citizen Parents Who Cannot Fulfill the Transmission Requirements Appendix 14-J INS Memo, Instructions for Processing Application Filed by US Citizen Parents for their Adopted Children Born Abroad Appendix 14-K Passport Bulletin re Derivative Citizenship Chapter 15 Loss of United States Citizenship 15.1 Introduction... 843 Part One: Denaturalization or Revocation of Naturalization 15.2 Denaturalization... 844 15.3 Illegal Procurement, or Concealment or Willful Misrepresentation... 846 15.4 Denaturalization Process... 850 15.5 Denaturalization for Convictions for Naturalization Fraud (Criminal Revocation)... 850 15.6 Wartime Military Service... 851 15.7 The 340(a) Proviso... 851 15.8 Administrative Denaturalization Enjoined... 852 15.9 Relation Back... 852 15.10 Impact on Derivative Citizens... 853 Part Two: Expatriation or Voluntary Abandonment of Citizenship 15.11 Expatriation... 854 15.12 Naturalization in a Foreign State... 855 15.13 Oath of Allegiance to Foreign State... 856 15.14 Service in Foreign Armed Forces... 857 15.15 Foreign Governmental Employment... 857 15.16 Renunciation of U.S. Citizenship... 858 15.17 Renunciation in the United States During Wartime... 859 15.18 Treason and Subversive Activities... 859 15.19 Expatriation Procedures... 860 15.20 Expatriation Administrative Review or Reconsideration... 860 Chapter 16 Immigration Remedies: Gaining Legal Status for Family Members, Outreach and Community Organizing 16.1 Introduction... 864 Part One: Petitioning for Family Members 16.2 Introduction: Becoming a Lawful Permanent Resident Through Family... 865 x

Naturalization & US Citizenship 16.3 Family Visa Petitions: Immediate Relatives of U.S. Citizens and the Preference System... 865 16.4 Family Visa Petitions: The Preference System for Relatives of U.S. Citizens and Permanent Residents... 866 16.5 Becoming a Permanent Resident: Adjustment of Status and Consular Processing... 868 Part Two: Other Remedies 16.6 Self-Petitioning Visas for Battered or Abused Spouses or Children of U.S. Citizens or Lawful Permanent Residents... 873 16.7 The U Visa... 877 16.8 Asylum and Restriction on Removal... 878 16.9 Cancellation of Removal for Non-Permanent Residents... 879 16.10 NACARA... 881 16.11 Cancellation of Removal for Certain Permanent Residents... 882 16.12 Diversity Visas... 882 16.13 Temporary Protected Status (TPS)... 882 16.14 Prosecutorial Discretion and Deferred Action Including DACA... 883 16.15 Legalization Extension Cases and Late Amnesty Provision of LIFE... 886 16.16 SIJS and Other Immigration Remedies... 886 Part Three: Outreach and Community Organizing 16.17 Community Information Sessions: Publicizing Naturalization and Other Immigration Remedies... 887 16.18 Know Your Rights Sessions... 888 16.19 Lay Advocates... 889 16.20 Community Organizing: Organizing Immigrants to Educate Policy Makers and Improving USCIS, ICE, and CBP Procedures... 890 16.21 Organizing Suggestions... 891 16.22 Dreamers and DACA Deferred Action for Childhood Arrivals: An Organizing Campaign Example... 891 16.23 A Network of Immigrant-Based Committees... 893 16.24 Working with the Media... 893 Appendix 16-A Appendix 16-B The Visa Bulletin Outreach Flyers Describing Ways to Immigrate (English & Spanish) xi

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