Basic Naturalization Basic Naturalization Eligibility RequirementsEligibility Requirements

At least 18 years oldAt least 18 years old Residency requirementsResidency requirements Physical presence requirementsPhysical presence requirements Good Moral Character requirementGood Moral Character requirement Speak, read and write EnglishSpeak, read and write English Knowledge of U.S. history and civicsKnowledge of U.S. history and civics Willing to take Oath of AllegianceWilling to take Oath of Allegiance

Residence RequirementsResidence Requirements

LPRLPR For 5 years (3 years if married to For 5 years (3 years if married to

USC and living in marital union at USC and living in marital union at filing)filing)

**Rollback rule for asylees and **Rollback rule for asylees and refugeesrefugees

Residence RequirementsResidence Requirements (cont. #2)(cont. #2)

Residence must be Residence must be continuouscontinuous -- -- certain absences may break continuity certain absences may break continuity of residenceof residenceGenerallyGenerally– Absences < 6 mos. - OKAbsences < 6 mos. - OK– Absences 6 mos. – 1 yr – shift/proveAbsences 6 mos. – 1 yr – shift/prove– Absences Absences >> 1 year – CP “broken” 1 year – CP “broken”

Residence Requirements Residence Requirements (cont. #4)(cont. #4)

3 months residence in CIS Service District 3 months residence in CIS Service District or state where file N-400or state where file N-400

Must reside in U.S. from filing of application Must reside in U.S. from filing of application to oathto oath

May apply 3 months before residence May apply 3 months before residence period (3 or 5 yrs) completedperiod (3 or 5 yrs) completed

Physical Presence Physical Presence RequirementsRequirements

Physically present in the U.S. for Physically present in the U.S. for at least 1/2 of previous 5 years or at least 1/2 of previous 5 years or 1/2 of 3 years if married to a US 1/2 of 3 years if married to a US citizencitizen

Good Moral Character Good Moral Character RequirementRequirement

Must prove “good moral character” Must prove “good moral character” for same statutory period as the for same statutory period as the residence requirement (3 or 5 residence requirement (3 or 5 years). years).

Statutory Bars Statutory Bars Discretionary BarsDiscretionary Bars

English-language AbilityEnglish-language Ability

Speaking ability Speaking ability established at established at interviewinterview

Read and write 1-Read and write 1-2 basic 2 basic sentences at sentences at interviewinterview

Exemptions fromExemptions from

English English requirement:requirement:

-50/20-50/20

-55/15-55/15

-N-648 Disability -N-648 Disability

WaiverWaiver

Statutory Bars to GMCStatutory Bars to GMC

Permanent and Temporary BarsPermanent and Temporary Bars

Permanent Bars: Permanent Bars: – Conviction of aggravated felony after Conviction of aggravated felony after

11/29/199011/29/1990– Conviction of murder at any timeConviction of murder at any time

Statutory Bars to GMC Statutory Bars to GMC (cont. #2)(cont. #2)

Temporary Bars: (Mandatory bars if acts Temporary Bars: (Mandatory bars if acts within the 3/5 year period)within the 3/5 year period)– conviction or admission of CIMTconviction or admission of CIMT– committed two or more offenses and aggregate sentence committed two or more offenses and aggregate sentence

5+ yrs5+ yrs– controlled substance violationcontrolled substance violation– conviction(s) plus180+ days in jailconviction(s) plus180+ days in jail– pprostitution or commercialized vicerostitution or commercialized vice– ““alien” smugglingalien” smuggling– polygamypolygamy– habitual drunkardhabitual drunkard– illegal gamblingillegal gambling– false testimony to obtain immigration benefitfalse testimony to obtain immigration benefit

Discretionary Bars to GMCDiscretionary Bars to GMC

**Submit good moral character evidence!**Submit good moral character evidence!

Child supportChild support Extramarital affairsExtramarital affairs Selective Service RegistrationSelective Service Registration Tax violationsTax violations Crimes outside statutory periodCrimes outside statutory period Incorrect/false information on N-400/interviewIncorrect/false information on N-400/interview False claim to USC/illegal votingFalse claim to USC/illegal voting Other unlawful acts Other unlawful acts

GMC Practice TipsGMC Practice Tips

Look at date of “bad act,” not date of Look at date of “bad act,” not date of subsequent court actionssubsequent court actions

Apply under 3 year rule if possibleApply under 3 year rule if possible Consider waiting to file until bad act Consider waiting to file until bad act

outside 3/5 year periodoutside 3/5 year period Criminal records: Criminal records:

-get certified copies of all court records -get certified copies of all court records before filingbefore filing-do not send sealed police reports-do not send sealed police reports

Who should not apply for citizenship? Who should not apply for citizenship? Offenses that may make an LPR Offenses that may make an LPR removableremovable

Convicted of an Aggravated FelonyConvicted of an Aggravated Felony Made false claim to U.S. citizenshipMade false claim to U.S. citizenship Lying, giving false misleading Lying, giving false misleading

information to government official to information to government official to obtain or retain immigration benefitobtain or retain immigration benefit

Conviction for Crime of Moral Turpitude Conviction for Crime of Moral Turpitude within 5 years of “admission”within 5 years of “admission”

Unlawful VotingUnlawful Voting appears that s/he appears that s/he intendedintended to abandon to abandon

residence in U.S.residence in U.S.

N-648 Disability WaiversN-648 Disability Waivers

Exempts the applicant from English, US Exempts the applicant from English, US history and civics requirementshistory and civics requirements

Must be a “Must be a “medically determinablemedically determinable” ” physical, developmental or mental physical, developmental or mental disability that is expected to last 12 disability that is expected to last 12 monthsmonths

Applicant is Applicant is unable to learnunable to learn US history US history and civics due to disabilityand civics due to disability

MD, DO, or psychologist completes N-648MD, DO, or psychologist completes N-648

Child Citizenship Act – Child Citizenship Act – effective 2/27/2001effective 2/27/2001

Children are automatically citizens Children are automatically citizens when following conditions are met:when following conditions are met:

Child under 18Child under 18 At least one parent naturalizesAt least one parent naturalizes Child is residing in physical and Child is residing in physical and

legal custody of citizen parentlegal custody of citizen parent Child is LPRChild is LPR

N-400: Key Points N-400: Key Points (cont. #6)(cont. #6)

Selective Srvc RegistrationSelective Srvc Registration: Pg 9, Part 10 : Pg 9, Part 10 F/G F/G

• • Check Check www.sss.gov • • Requirements: all men 18-26 must Requirements: all men 18-26 must register unless nonimmigrantregister unless nonimmigrant• • 26-31 -- still w/in last 5 years. 26-31 -- still w/in last 5 years. Affidavit re not Affidavit re not knowing and willfulknowing and willful• • > age 31, outside 5 years, not > age 31, outside 5 years, not absolute bar. May still want affidavit absolute bar. May still want affidavit

New Citizens can VOTE New Citizens can VOTE (usually)(usually) In Ohio, must be a registered In Ohio, must be a registered

voter for 30 days before election.voter for 30 days before election. In Kentucky, must be registered In Kentucky, must be registered

29 days before election.29 days before election.