Naturalization

Front 1

2 ways to become a citizen

Back 1

Citizenship acquired at birth
Citizenship acquired after birth (Naturalization)

Front 2

Jus Sanguinis

Back 2

right of the blood - born to parent or parents who are citizens

Front 3

Jus Soli

Back 3

Right of the land - physically born in the United States

Front 4

Citizenship at Birth - 2 ways

Back 4

1) Physically be born in the United States or its territories
14th amendment and INA 301(a)
2) Be born to parents, one or both of which are USC's

Front 5

14th Amendment and Naturalization

Back 5

"All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”

Front 6

INA 301(a) - Citizens at birth

Back 6

“the following shall be nationals and citizens of the United States at birth: a person born in the United States, and subject to the jurisdiction thereof.”

Front 7

INA 301(c,d,e,g,h) - Citizens at birth

Back 7

Born to parents, one or both of whom are USC's. Some residency restrictions apply as well as other nuances

Front 8

Naturalization

Back 8

The process by which a LPR becomes a USC

Front 9

Why Naturalize

Back 9

Citizens have more rights than LPR’s.
A. To avoid deportation
B. Voting Rights
C. Patriotism
D. Family Based law (in order to help another family member come)

Front 10

Requirements for Naturalization

Back 10

1. Fill out form N-400 and submit to DHS USCIS
2. Be at least 18 years old
3. Meet certain residence requirements
4. Must be able to speak, understand, read and write simple English
5. Show proof of good moral character
6. Must demonstrate a knowledge of US civics and history
7. Take an oath at the naturalization ceremony

Front 11

1. Fill out form N-400

Back 11

Submit to DHS USCIS in Dallas or Phoenix depending on the state the applicant is filing from.

Front 12

2. Must be 18

Back 12

The person applying for citizenship must be at least 18 years old at the time of filing

Front 13

3. Naturalization Residence Requirements

Back 13

INA 316(a)
1. The person has resided continuously in the US for at least five years as a LPR. (3 if married to USC)
2. During the five years immediately prior to filing the Form N-400 Application For Naturalization, the person has been physically present in the US for periods totaling at least half of that time; and
3. The person has resided within the state in which he or she filed the application for at least 3 months.
4. INA 316(a) also provides that the applicant must reside continuously within the United States from the date of the application up to the time of admission to citizenship.

Front 14

4. The person must be able to speak, understand, read and write simple English.

3 Exemptions

Back 14

1. Persons who suffer from a physical or developmental disability or mental impairment are exempt from this requirement.
2. Persons over 50 who have been LPR's for at least 20
3. Persons over 55 who have been LPR's for at least 15

Front 15

5. Proof of Good Moral Character

Back 15

1. Must show good moral character during the 5 year period immediately preceding his application for naturalization and up to the time of the oath of allegiance
2. USCIS has the authority to define good moral character.
3. Defining good moral character: Recall that…
- The BIA has held that “good moral character does not mean moral excellence and that it is not destroyed by a single incident.”
- INA 101(f) lists some persons who are not of “good moral character,” including but not limited to:
* A habitual drunkard
* Someone convicted of CIMT
* Someone whose income is derived principally from illegal gambling activities
4. INA 101(f) does not actually define “good moral character.”
5. Ultimately, an IJ may consider various factors, in determining whether a respondent has “good moral character.”

Front 16

6. The person must demonstrate a knowledge of United States civics and history

Back 16

1. Pass a naturalization test administered by the USCIS
2. Answer 6 of 10 questions correctly in order to pass the examination
3. Study questions are available on the USCIS website
4. Exemption: Persons with a qualifying disability are exempt from the requirement that they take this test. However, applicants who are exempt from the literacy requirement because of their age must still satisfy the civics requirement. See USCIS website. (bring your own interpreter)

Front 17

7. Take the oath of allegiance

Back 17

Takes place at the naturalization ceremony