Beruflich Dokumente
Kultur Dokumente
th in pr int
lp yo u answer it, bo
e Nolo can he
esti on? Chances ar
Have a legal qu
and online. legal
to he lp pe o ple solve their
ission has been whenever
r th re e de ca des, Nolo's m o f fu ss an d expense, and
Fo minimum
confidence, a
problems with
hout a lawyer.
possiblewit job done.
ai la bl e to he lp you get the
d every tool av aining all the
r th e ye ar s, weve offere pl ai n- En gl ish books cont
O ve acti ca l, l tasks.
s, w e be ga n publishing pr ar y to ta ck le day-to-day lega
In the 70 ctions necess
-by-step instru
forms and step got to work
k th e w o rl d by storm, we
mputers too , which took
In the 80s, whe
n personal co ak er an d Li ving Trust Maker
Will M e also
ve lo pe d pr o grams such as f al l th o se bi ts and bytes. W
and de nvenience o
e speed and co many of our bo
oks.
advantage of th an d C D s to
acked disks
added form-p to get legal
ec o gn iz in g that it's best
e 90 s. R useful,
e In te rn et exploded in th ch ai r, N o lo started making
Then th
g in your own
com fy odem.
n w hi le si tt in w it h a co m puter and a m
informatio ailable to anyo
ne
o -d at e le ga l information av
up-t you can find
w nl o ad Center, where
opened our o
nlin e D o to do your
re ce nt ly, w e s. T he fa st es t, easiest way
Most l eProduct ion directly to
nvenient, topica s and informat
all of Nolo's co liver sp ec ifi c fo rm
, eProducts de
own legal work
r.
your compute not. As
bo o ks in pr int? Absolutely
andon our ue to redesign
n we plan to ab we will contin
Does this mea rn et ex pa nd s, the best
no lo gy ev o lv es and the Inte ak in g yo ur ac cess to the law
tech products, m
l our current
and improve al
it can be.
CATA L O G
...more from Nolo
PRICE CODE
BUSINESS
Avoid Employee Lawsuits (Quick & Legal Series) ............................................................................. $24.95 AVEL
The CA Nonprofit Corporation Kit (Binder w/CD-ROM) ............................................................... $59.95 CNP
Consultant & Independent Contractor Agreements (Book w/CD-ROM) ......................................... $29.95 CICA
The Corporate Minutes Book (Book w/CD-ROM) ........................................................................... $69.95 CORMI
The Employers Legal Handbook ..................................................................................................... $39.95 EMPL
Firing Without Fear (Quick & Legal Series) ..................................................................................... $29.95 FEAR
Form Your Own Limited Liability Company (Book w/CD-ROM) .................................................... $44.95 LIAB
Hiring Independent Contractors: The Employers Legal Guide (Book w/CD-ROM) ......................... $34.95 HICI
How to Create a Buy-Sell Agreement & Control the Destiny
of your Small Business (Book w/Disk-PC) ........................................................................................ $49.95 BSAG
How to Form a California Professional Corporation (Book w/CD-ROM) .......................................... $59.95 PROF
How to Form a Nonprofit Corporation (Book w/CD-ROM)National Edition ............................... $44.95 NNP
How to Form a Nonprofit Corporation in California (Book w/CD-ROM)......................................... $44.95 NON
How to Form Your Own California Corporation (Binder w/CD-ROM) ............................................ $39.95 CACI
How to Form Your Own California Corporation (Book w/CD-ROM) ............................................... $34.95 CCOR
How to Form Your Own New York Corporation (Book w/DiskPC) .............................................. $39.95 NYCO
How to Form Your Own Texas Corporation (Book w/CD-ROM) ...................................................... $39.95 TCOR
How to Write a Business Plan ......................................................................................................... $29.95 SBS
The Independent Paralegals Handbook ........................................................................................... $29.95 PARA
Leasing Space for Your Small Business ............................................................................................. $34.95 LESP
Legal Guide for Starting & Running a Small Business ..................................................................... $34.95 RUNS
Legal Forms for Starting & Running a Small Business (Book w/CD-ROM) ...................................... $29.95 RUNS2
Marketing Without Advertising ...................................................................................................... $22.00 MWAD
Music Law (Book w/DiskPC) ....................................................................................................... $29.95 ML
Nolos California Quick Corp (Quick & Legal Series) ....................................................................... $19.95 QINC
Nolos Guide to Social Security Disability ........................................................................................ $29.95 QSS
Nolos Quick LLC (Quick & Legal Series) ......................................................................................... $24.95 LLCQ
The Small Business Start-up Kit (Book w/CD-ROM) ...................................................................... $29.95 SMBU
The Small Business Start-up Kit for California (Book w/CD-ROM) ................................................. $29.95 OPEN
The Partnership Book: How to Write a Partnership Agreement (Book w/CD-ROM) ....................... $39.95 PART
Sexual Harassment on the Job .......................................................................................................... $24.95 HARS
O R D E R 2 4 H O U R S A D AY @ w w w .n o l o .c o m
Call 800-728-3555 Mail or fax the order form in this book
PRICE CODE
CONSUMER
Fed Up with the Legal System: Whats Wrong & How to Fix It ....................................................... $9.95 LEG
How to Win Your Personal Injury Claim ......................................................................................... $29.95 PICL
Nolos Encyclopedia of Everyday Law ............................................................................................... $28.95 EVL
Nolos Pocket Guide to California Law ............................................................................................ $15.95 CLAW
Trouble-Free Travel...And What to Do When Things Go Wrong .................................................... $14.95 TRAV
8 Ways to Avoid Probate (Quick & Legal Series) .............................................................................. $16.95 PRO8
9 Ways to Avoid Estate Taxes (Quick & Legal Series) ....................................................................... $29.95 ESTX
Estate Planning Basics (Quick & Legal Series) .................................................................................. $18.95 ESPN
How to Probate an Estate in California ............................................................................................ $49.95 PAE
Make Your Own Living Trust (Book w/CD-ROM) ........................................................................... $34.95 LITR
Nolos Law Form Kit: Wills ............................................................................................................. $24.95 KWL
Nolos Simple Will Book (Book w/CD-ROM) .................................................................................. $34.95 SWIL
Plan Your Estate .............................................................................................................................. $39.95 NEST
Quick & Legal Will Book (Quick & Legal Series) ............................................................................. $15.95 QUIC
FAMILY MATTERS
Child Custody: Building Parenting Agreements That Work ............................................................ $29.95 CUST
The Complete IEP Guide ................................................................................................................ $24.95 IEP
Divorce & Money: How to Make the Best Financial Decisions During Divorce ................................ $34.95 DIMO
Do Your Own Divorce in Oregon .................................................................................................... $29.95 ODIV
Get a Life: You Dont Need a Million to Retire Well ....................................................................... $24.95 LIFE
The Guardianship Book for California ............................................................................................. $34.95 GB
How to Adopt Your Stepchild in California (Book w/CD-ROM) ...................................................... $34.95 ADOP
A Legal Guide for Lesbian and Gay Couples .................................................................................... $25.95 LG
Living Together: A Legal Guide (Book w/CD-ROM) ....................................................................... $34.95 LTK
Using Divorce Mediation: Save Your Money & Your Sanity ............................................................. $29.95 UDMD
O R D E R 2 4 H O U R S A D AY @ w w w .n o l o .c o m
Call 800-728-3555 Mail or fax the order form in this book
PRICE CODE
GOING TO COURT
Beat Your Ticket: Go To Court and Win! (National Edition) ........................................................... $19.95 BEYT
The Criminal Law Handbook: Know Your Rights, Survive the System ............................................ $29.95 KYR
Everybodys Guide to Small Claims Court (National Edition) .......................................................... $24.95 NSCC
Everybodys Guide to Small Claims Court in California ................................................................... $24.95 CSCC
Fight Your Ticket ... and Win! (California Edition) .......................................................................... $24.95 FYT
How to Change Your Name in California ......................................................................................... $34.95 NAME
How to Collect When You Win a Lawsuit (California Edition) ........................................................ $29.95 JUDG
How to Mediate Your Dispute ......................................................................................................... $18.95 MEDI
How to Seal Your Juvenile & Criminal Records (California Edition) ................................................ $34.95 CRIM
Nolos Deposition Handbook ........................................................................................................... $29.95 DEP
Represent Yourself in Court: How to Prepare & Try a Winning Case ............................................... $34.95 RYC
HUMOR
O R D E R 2 4 H O U R S A D AY @ w w w .n o l o .c o m
Call 800-728-3555 Mail or fax the order form in this book
PRICE CODE
IMMIGRATION
MONEY MATTERS
101 Law Forms for Personal Use (Book w/DiskPC) ...................................................................... $29.95 SPOT
Bankruptcy: Is It the Right Solution to Your Debt Problems? (Quick & Legal Series) ...................... $19.95 BRS
Chapter 13 Bankruptcy: Repay Your Debts ..................................................................................... $34.95 CH13
Creating Your Own Retirement Plan ............................................................................................... $29.95 YROP
Credit Repair (Quick & Legal Series, Book w/CD-ROM) ................................................................. $19.95 CREP
How to File for Chapter 7 Bankruptcy ............................................................................................. $34.95 HFB
IRAs, 401(k)s & Other Retirement Plans: Taking Your Money Out ................................................. $29.95 RET
Money Troubles: Legal Strategies to Cope With Your Debts ............................................................ $29.95 MT
Nolos Law Form Kit: Personal Bankruptcy ..................................................................................... $24.95 KBNK
Stand Up to the IRS ........................................................................................................................ $24.95 SIRS
Surviving an IRS Tax Audit (Quick & Legal Series) .......................................................................... $24.95 SAUD
Take Control of Your Student Loan Debt ......................................................................................... $24.95 SLOAN
The Copyright Handbook: How to Protect and Use Written Works (Book w/CD-ROM) ................. $34.95 COHA
Copyright Your Software ................................................................................................................. $24.95 CYS
Domain Names ................................................................................................................................ $24.95 DOM
Getting Permission: How to License and Clear Copyrighted Materials
Online and Off (Book w/DiskPC) .............................................................................................. $34.95 RIPER
How to Make Patent Drawings Yourself .......................................................................................... $29.95 DRAW
The Inventors Notebook ................................................................................................................. $24.95 INOT
Nolos Patents for Beginners (Quick & Legal Series) ......................................................................... $29.95 QPAT
License Your Invention (Book w/DiskPC) .................................................................................... $39.95 LICE
Patent, Copyright & Trademark ....................................................................................................... $34.95 PCTM
Patent It Yourself ............................................................................................................................. $49.95 PAT
Patent Searching Made Easy ............................................................................................................ $29.95 PATSE
The Public Domain ......................................................................................................................... $34.95 PUBL
Web and Software Development: A Legal Guide (Book w/ CD-ROM) ............................................. $44.95 SFT
Trademark: Legal Care for Your Business and Product Name ........................................................... $39.95 TRD
Legal Research: How to Find & Understand the Law ....................................................................... $34.95 LRES
O R D E R 2 4 H O U R S A D AY @ w w w .n o l o .c o m
Call 800-728-3555 Mail or fax the order form in this book
PRICE CODE
SENIORS
Beat the Nursing Home Trap: A Consumers Guide to Assisted Living and Long-Term Care ........... $21.95 ELD
The Conservatorship Book for California .......................................................................................... $44.95 CNSV
Social Security, Medicare & Pensions ................................................................................................ $24.95 SOA
SOFTWARE
Call or check our website at www.nolo.com
for special discounts on Software!
Special
Upgrade Offer
Save 35% on the latest edition of your Nolo book
Because laws and legal procedures change often, we update our books regularly. To help
keep you up-to-date, we are extending this special upgrade offer. Cut out and mail the
title portion of the cover of your old Nolo book and well give you 35% off the retail
price of the NEW EDITION of that book when you purchase directly from Nolo.
This offer is to individuals only.
O R D E R 2 4 H O U R S A D AY @ w w w .n o l o .c o m
Call 800-728-3555 Mail or fax the order form in this book
Order Form
Subtotal
Method of payment
Add your local sales tax (California only)
Check VISA MasterCard
Shipping: RUSH $9, Basic $5 (See below)
Discover Card American Express
I bought 3, ship it to me FREE!(Ground shipping only)
TOTAL
Account Number
Expiration Date
Signature
For faster service, use your credit card and our toll-free numbers
h
Phone 1-800-728-3555
Fax
Mail
1-800-645-0895
Nolo
www.nolo.com
950 Parker St.
Berkeley, CA 94710
Americas leading source of self-help legal
information.
YAHOO!
LEGAL INFORMATION
ONLINE ANYTIME
24 hh u r s a d a y
www.nolo.com
AT THE NOLO.COM SELF-HELP LAW CENTER, YOULL FIND
Nolos comprehensive Legal Encyclopedia filled with plain-English
information on a variety of legal topics
Nolos Law Dictionarylegal terms without the legalese
Auntie Noloif youve got questions, Aunties got answers
The Law Storeover 200 self-help legal products including
Downloadable Software, Books, Form Kits and eGuides
Legal and product updates
Frequently Asked Questions
NoloBriefs, our free monthly email newsletter Our
Legal Research Center, for access to state and federal statutes No-Hassle
Our ever-popular lawyer jokes Guarantee
Return anything you buy
Quality
directly from Nolo for any
Law Books & Software reason and well cheerfully re-
for Everyone fund your purchase price.
No ifs, ands or buts.
Nolos user-friendly products are consistently first-rate. Heres why:
Our commitment to a more democratic legal system informs all of our work
First, make sure youve got the most recent edition of this book. To learn whether a later
edition is available, check the edition number on the books spine and then go to Nolos online
Law Store at www.nolo.com or call Nolos Customer Service Department at 800-728-3555.
Next, even if you have a current edition, you need to be sure its fully up to date. The law
can change overnight. At www.nolo.com, we post notices of major legal and practical changes
that affect the latest edition of a book. To check for updates, find your book in the Law Store
on Nolos website (you can use the A to Z Product List and click the books title). If you see an
Updates link on the left side of the page, click it. If you dont see a link, that means we
havent posted any updates. (But check back regularly.)
Finally, we believe accurate and current legal information should help you solve many of
your own legal problems on a cost-efficient basis. But this text is not a substitute for personal-
ized advice from a knowledgeable lawyer. If you want the help of a trained professional, consult
an attorney licensed to practice in your state.
1st edition
Becoming a
U.S. Citizen
A Guide to the Law, Exam
and Interview
I Introduction
8 The Interview
A. Final Preparation ....................................................................................... 8/4
B. The Interview ............................................................................................. 8/6
C. If the Interview Goes Badly ....................................................................... 8/9
D. Approval or Denial: Whats Next? ........................................................... 8/10
Glossary
Appendixes
B INS Publications
Index
C H A P T E R
children of permanent residents only applied Example 2: Leonora applied for a green card as
while you remained younger than age 21. the unmarried child of a U.S. permanent resi-
dent. She was on the waiting list for a number
Example 1: Rodrigo got his green card through
of years, during which time she fell in love and
the farmworker amnesty program in the 1980s.
married her sweetheart. Finally, her green card
In truth, he was a car mechanic, but he bought
came through. She didnt say anything about her
a letter from a farmer stating that he had picked
marriage, and the U.S. consulate forgot to ask.
strawberries during the required time period.
However, had the marriage been revealed, her
During the citizenship interview, the INS officer
green card would have been denied, because
asks Rodrigo how high he had to reach to pick
the category she applied in was only meant for
the strawberries. Rodrigo answers, Oh, no
unmarried children. When Leonora applies for
more than eight feet. The officer, knowing that
citizenship, she lists the date of her marriage.
strawberries dont grow on trees, takes a look at
The INS officer notices that the marriage oc-
Rodrigos INS file. She notices that the employer
curred before Leonoras green card was ap-
who swore to Rodrigos work was one whom
provedin other words, Leonora was ineligible
the INS believes to have made a lot of money
for her green card. Leonora faces deportation
selling fake letters. Rodrigos citizenship applica-
proceedings.
tion is denied, and he is placed in deportation
proceedings.
If You Divorce
People who receive their green card through mar- pare for this by gathering documents that prove your
riage to a U.S. citizen or permanent resident but marriage was genuine (and make sure theyre more
later divorce that person often worry about how recent than the documents already in the INS file
this will affect their citizenship application. They from your green card application). Dont include
wonder whether the divorce makes their green these documents with your citizenship application.
card invalid or will spur the INS to deny their citi- Instead, make copies and take these, with the origi-
zenship. nals, to your citizenship interview. The following
As long as your marriage was the real thing documents may help:
that is, not a sham solely for purposes of acquiring rent receipts or a home title in both your and your
your green cardand you got all the way to being ex-spouses names (showing that you lived to-
approved for permanent (not merely conditional) gether)
residence, divorce will not invalidate your green birth certificates of children born to the two of you
card. Many people get divorced, and the immigra- a letter from your spiritual or psychological coun-
tion laws recognize that the United States may selor describing your meetingsparticularly
have become home to the divorced immigrant, where your marriage was discussed. (If possible,
with or without the ex-spouse. the letter should emphasize that you worked hard
The divorce may, however, raise certain ques- to save your marriage and that the issues you dis-
tions in the mind of the INS officer interviewing cussed were the thorny ones faced by people truly
you for citizenship. Youll need to be prepared for trying to share their lives)
these questions. evidence of joint bank accounts, credit cards and
The first question that may arise is whether club memberships
your marriage was indeed real, or whether you photographs of the two of you on vacations or
faked it through the green card application pro- sharing important occasions (preferably where the
cess. INS officers wont automatically assume camera has automatically inserted the date), and
from your divorce that your marriage was a subscriptions to magazines and newspapers at
shambut they may want some reassurance. Pre- your shared address.
When the cause of your divorce was that you looks like something youve done, do not file your
had an affair, the INS may conclude that your citizenship application until you see an immigration
moral character is not good enough to qualify you for attorney.(We cant give you extensive details on each
citizenship. See Chapter 2, Section D, for details. of these activities, so dont rely on this list alone.)
If you are unsure about whether you really de- You were inadmissible when you last entered
serve your green card, see a lawyer. The lawyer can the United States (see box, below, for more
request a copy of your INS file and analyze it for about inadmissibility).
problems. You have violated a condition of your U.S. stay.
You were unsuccessful in turning your condi-
b. If Youve Become Deportable After tional residence into permanent residence (prima-
Getting Your Green Card rily affecting people who married U.S. citizens).
You have helped smuggle someone into the
U.S. laws contain a list of activities that can cause a
United States within five years of when you en-
green card holder to lose the right to live in the
tered the country (with limited exceptions for
United States. Commit one of these activities and you
close family).
become deportable. If anything on the list below
DECIDING WHETHER TO APPLY FOR CITIZENSHIP 1/ 5
You have entered into a fake marriage to try to pened. For example, the INS checks the names of
get a green card. people in jail and asks the police to turn over crimi-
You have committed a crime of moral turpitude nal immigrants for possible deportation. If youve
within five years of becoming a resident (or ten been out of the country, the INS border officer
years if you got your residency after living in the checks whether you are admissible, looking in par-
United States illegally, by paying a penalty fee ticular at whether you stayed away too long or re-
under Section 245(i) of the I.N.A.). There is no settled elsewhere. But sometimes violations go un-
INS-approved list of crimes of moral turpitude detected by the INS. For example, a person who
(see What Constitutes Moral Turpitude, below). pleads guilty to a crime but never goes to jail may
You have committed a crime of moral turpitude escape the INSs attention. Similarly, border patrol
for which the judge could have imposed a sen- officers sometimes let in green card holders when
tence of one year or more. they should have kept them out.
You committed two or more separate crimes of In short, if youve done something to make you
moral turpitude. deportable and the INS hasnt yet caught up with
You committed an aggravated felony. you, applying for U.S. citizenship will give the
You have committed a drug-related crime (ex- agency the perfect opportunity.
cept a single conviction for possession of 30
Example 1: Matilda got her green card as a re-
grams of marijuana or less).
sult of marrying a U.S. citizen. She and her hus-
You use or are addicted to illegal drugs.
band have fiery tempers and their arguments
You have committed a gun-related crime (such
sometimes become physical. After one violent
as selling, possessing or using a gun illegally).
encounter, Matildas husband had her arrested
You have violated federal laws regarding spying,
for domestic violence. She tried to have him ar-
treason, sedition (insurrection against the U.S.
rested too, but since he was bleeding a lot more
government or providing support to an enemy
than she was, the police checked him into a
government) or assisting others to illegally enter
hospital instead. Matilda pled guilty to a domes-
or leave the United States.
tic violence charge in order to avoid jail time.
You have committed a domestic violence crime
When Matilda applies for citizenship, the INS
or violated anti-stalking, child abuse, neglect or
officer notices the conviction on her FBI record.
abandonment laws.
Since domestic violence is a ground for deporta-
You deliberately failed to notify the INS of your
tion, the officer places Matilda in deportation
new address within ten days of moving.
proceedings.
You have fraudulently acquired a visa or other
official document (that is, you got it by lying or
Example 2: Patricks U.S. employer got him a
deliberately omitting information).
green card. He lived and worked in the United
You have falsely claimed to be a U.S. citizen.
States for two years and then went back to his
You are a threat to public safety, national secu-
native Britain for two years. After that, he re-
rity or U.S. foreign policy.
turned to the United States using his British
You have tried to overthrow the U.S. government.
passport (British citizens can enter the United
You have assisted in Nazi persecution.
States without a visa). He then used his U.S.
You have engaged in genocide.
green card to live and work in the United States
You became a public charge (received welfare
for the next five years. Although his two-year
payments) within five years of your approval for
stay in Britain meant that Patrick had given up
U.S. residency, or
his green card, his employer had no way of
You have voted in a U.S. election. (Greencard
knowing this, because he still held the physical
holders cannot vote in the United States.)
card that he could show to his boss. When
In most cases, whatever you did wrong will have
Patrick applied for citizenship, the INS officer
come to the attention of the INS right after it hap-
1/ 6 BECOMING A U.S. CITIZEN: A GUIDE TO THE LAW, EXAM AND INTERVIEW
determined that Patrick had abandoned his U.S. To read the deportability law, see I.N.A.
residence during the two years in Britain and it 237(a), 8 U.S.C. 1227(a). You can find this at
was therefore inappropriate for Patrick to claim your local law library or on the Internet at Nolos Legal
green card status after he re-entered the United Research Center (www.nolo.com). On the Nolo.com
States. The INS places Patrick in deportation home page, click U.S. Laws and Regulations. Then,
proceedings. under the section for the U.S. Code, enter 8 in the
Title box and 1227 in the Section box. After reading
Example 3: Leticia applies for U.S. citizenship. the law, you will still need the help of an immigration
She has one minor crime on her record lawyer to answer questions about whether or not you
fraudulent use of an ex-friends credit card. have done something that makes you deportable. Many
However, the INS considers this a crime of of the terms used in the law, like moral turpitude and
moral turpitude (see What Constitutes Moral aggravated felony are unique to the immigration
Turpitude?). However, even though a single laws, and you wont be able to tell by looking at your
crime of moral turpitude isnt grounds for de- court record whether youve committed one.
portation, it is grounds for denying Leticia re-
admission to the U.S. if she left and attempted Every law has its exceptions. Deportability rules
to return. After being released from jail, Leticia are not always as harsh as they first appear.
took a trip to Canada. When she returned to the Some come with exceptions and waivers (opportunities
United States, the border patrol officer didnt ask to apply to the INS for legal forgiveness). So, even if
about her criminal record. Since Leticia was in- you have done something that makes you deportable,
admissible during that entry, she is deportable you might be able to save yourselfand your chances
now. After Leticia applies for citizenship, the of becoming a citizenby qualifying for one of these
INS officer at her interview realizes that an error exceptions or applying for a waiver. Were unable to
occurred at the U.S. border, denies citizenship cover the various exceptions and waivers in this book,
and places Leticia in deportation proceedings. but an immigration lawyer can alert you to the ones
that apply.
No, youre not seeing double. The activities that are the immediate family member of a drug traf-
make you inadmissible overlap in many ways with ficker and have knowingly benefited from their
the activities that make you deportable. Inadmissibil- illicit money within the last five years.
ity affects whether you can enter the United States, had committed espionage or sabotage against the
regardless of whether its for the first time or with a United States
green card. If youve committed any of the activities were a member of the Communist Party or other
below, the INS can keep you from entering. And if totalitarian organization
you were let into the United States when you were a Nazi or had participated in genocide
shouldnt have been, that is, when you were inad- were seeking entry as a healthcare or other certi-
missible, the INS can take your green card away. fied worker but had failed to meet licensing re-
You are (or were) inadmissible if, when entering quirements
the United States, you: had previously violated the immigration laws or
had a communicable disease, such as tuberculosis lied or committed fraud during immigration proce-
or HIV dures
had a physical or mental disorder that makes you had falsely claimed to have U.S. citizenship
harmful to others had spent time in the United States unlawfully or
were likely to become a public charge (receive hadnt obtained proper documentation to enter
welfare benefits)something the INS determines the United States (not an issue for immigrants who
based on your current income, ability to work and hold valid green cards)
family resources had previously been removed or deported from
were a drug abuser (if youve tried illegal drugs the United States
more than once in the past three years, thats believed that polygamy is valid (that is, believe in
enough for the INS) being married to more than one person at the
had committed or been convicted of a crime of same time), regardless of whether you were actu-
moral turpitude ally a polygamist
had been convicted of two or more crimes had committed international child abduction (tak-
(whether misdemeanors or felonies), where the ing a child across international borders)
total sentence you received was five years or were on a J-1 or J-2 exchange visitor visa and
more. were subject to the two-year foreign residence re-
had been convicted of certain specified crimes, quirement.
such as prostitution or drug trafficking
You can access the law on inadmissibility 2. Some Countries Wont Allow Dual
(I.N.A. 212(a); 8 U.S.C. 1182) at your local Citizenship
law library or on the Internet at Nolos Legal Research
If the INS approves your citizenship application, you
Center (www.nolo.com). On the home page, click
will attend a ceremony where you will have to swear
U.S. Laws and Regulations. Under the entry for the
to absolutely and entirely renounce and abjure all
U.S. Code, type 8 in the Title box and 1182 in the
allegiance and fidelity to any foreign prince, poten-
Section box. Alternatively, this statute is available at the
tate, state or sovereignty, of whom or which [you]
State Departments Web page (www.travel.state.gov/
have heretofore been a subject or citizen. Does this
visa;ineligible.html). See an immigration lawyer for ad-
mean that you must give up the citizenship (and
ditional help.
passport) of your country of origin? Not necessarily.
1/ 8 BECOMING A U.S. CITIZEN: A GUIDE TO THE LAW, EXAM AND INTERVIEW
It depends on both U.S. law and the law of your of every other country in the world. But, take
home country. Many people today successfully hold heartthe majority of countries around the globe
dual citizenshipthat is, they are simultaneously do allow dual citizenship, at least in some form.
U.S. citizens and citizens of another country. Below is a list of the countries that allowed some
Dual citizenship can be important for a number form of dual citizenship in 2001. (Keep in mind that
of reasons. You may feel a huge sense of loss in this list may have changed by the time you read it.)
giving up the passport of the country you once Since we dont have space to provide all of the pro-
called home. More practically, the laws of your cedures for and limits on retaining your non-U.S.
home country may require that you give up other citizenship, you should look for further information
important rights along with your citizenshipsuch on your own. A good starting point is the embassy
as your rights to a pension, to government-paid of your home country in the United States. You can
healthcare if you are elderly or disabled, to vote or usually find it in the Washington, D.C., phone book.
to own land. (If you cant locate a D.C. phone book at your local
U.S. law concerning dual citizenship is very library, call D.C. directory assistance, 202-555-1212.
vague. Nowhere does it say that you can be a dual You can find Internet links to the various embassies,
citizenbut then, nowhere does it say that you at www.embassy.org/embassies/index.html or
cant. Historically, the U.S. government has used this www.embpage.org.
vagueness as an opportunity to make people believe
that choosing U.S. citizenship excludes all others. Countries That Allowed Some Form
The oath that people take at their swearing-in cer- of Dual Citizenship in 2001
emony (quoted above) would make anyone think
that they were agreeing to give up all other citizen- Albania, Antigua & Barbuda, Argentina, Australia,
ships right then and there. However, it has become Bahamas, Bangladesh, Barbados, Belarus, Belize,
evident that the United States will not stop you from Benin, Bolivia, Brazil, Bulgaria, Burkina Faso,
keeping your citizenship in your home country after Cambodia, Canada, Cape Verde, Chile, Colombia,
becoming a U.S. citizenif that is what you want, Costa Rica, Croatia, Cyprus, Cyprus (North),
and provided your home country allows it. Dominica, Dominican Republic, Ecuador, Egypt,
Because the U.S. government does not formally El Salvador, Fiji, France, Germany, Ghana,
sanction dual citizenship, there are no particular Greece, Grenada, Guatemala, Guyana, Haiti,
procedures to follow. No one will give you a certifi- Hungary, India, Iran, Ireland, Israel, Italy, Jamaica,
cate or other evidence that the U.S. government rec- Jordan, Latvia, Lebanon, Lesotho, Liechtenstein,
ognizes and approves your dual status. Your home Lithuania, Macao, Macedonia, Madagascar,
country, however, may require more. First, find out Malta, Mexico, Montenegro (Yugoslavia),
whether your home country will cancel your citizen- Mongolia, Morocco, Netherlands, New Zealand,
ship if you are naturalized as a U.S. citizen. If can- Nicaragua, Nigeria, Northern Ireland, Panama,
cellation isnt automatic, find out whether you have Pakistan, Paraguay, Peru, Pitcairn, Philippines,
to take special steps to keep your home citizenship. Poland, Portugal, Romania, Russia, Saint Kitts
Some countries allow it automatically, others allow it (Saint Christopher) and Nevis, Saint Lucia, Saint
after an application process and still others offer Vincent, Serbia (Yugoslavia), Slovenia, South Af-
something less than full citizenship, with or without rica, Spain, Sri Lanka, Sweden, Switzerland, Tai-
an application. wan, Trinidad/Tobago, Thailand, Tibet, Turkey,
This book is published in the United States, and United Kingdom, United States, Ukraine, Uruguay
we dont pretend to be experts on the complex laws and Vietnam.
DECIDING WHETHER TO APPLY FOR CITIZENSHIP 1/ 9
3. Carrying a U.S. Passport in Unfriendly wont have to renew your green card every ten
Territory yearsor even carry the card around. But wait,
theres more! As a U.S. citizen you get:
As a large and powerful country, the United States is
the right to vote and obtain certain federal jobs
a focus of public opinion and debate, both positive
(see Section B1)
and negative. Unfortunately, anger against the U.S.
security from anti-immigrant laws (see Section B2)
government is sometimes directed against its citizens
security from deportation (see Section B3)
traveling overseas. There is no way to predict
the right to live or take long trips outside the
whether, where or how a guerrilla or terrorist group
United States (see Section B4)
might make you a scapegoat for U.S. foreign policy.
special rights and protections when traveling
Youll have to assess the risks yourself based on
outside the United States (see Section B5)
where you plan to travel and what you observe of
an unquestioned right to return to the United
world events.
States (see Section B6)
Of course, if you have dual citizenship, you can
the ability to bring other family members to the
always carry the passport of your home country on
United States or pass citizenship to your children
a tripbut youll need to show your U.S. passport
(see Section B7), and
when you depart and return to the United States.
the right to apply for public benefits (see Section
You can use the other passport to travel with, that
B8).
is, show it on entry to other countries. However, if
you do so, the U.S. consulate there may refuse to
help you if you get into a jam. Also, dont flaunt
1. The Right to Vote and Hold Certain
your non-U.S. passport when you return to the Federal Jobs
United States. U.S. border officials are suspicious of Green card holders cannot vote in any U.S. election,
people who carry two passports and they will prob- be it local, state or federal. (If you did vote, see an
ably question you to confirm that everything is immigration lawyer immediatelythis could result
aboveboard. in denial of your application for citizenship.) Once
you receive U.S. citizenship, however, you can
4. You May Not Be Allowed to Serve Your make your voice heard in local and national elec-
Native Country During War tions. Politicians are increasingly aware of the vot-
ing-bloc power of immigrantsand are offering
The United States requires that its citizens demon-
meaningful choices and reforms to immigrant voters
strate loyalty in any conflict. In fact, youll be asked
as a result.
on the citizenship application if youre willing to
In addition to voting, U.S. citizenship will open
serve in the U.S. military, either in a combat or a
the door to many federal job opportunities. The fed-
supporting role, if the need arises. (Well discuss this
eral government is a huge employer, offering good
more in Chapter 3, which covers how to fill out the
salaries and job stability. You may not realize how
citizenship application.) This also means that the
many U.S. government branch offices are in your
United States may take action against you if you join
communitythe Social Security Administration, the
your own country in a war thats against the United
Environmental Protection Agency and more. Many
States or its allies or interests.
U.S. Foreign Service jobs also require U.S. citizen-
ship. If youve got political aspirations, you can run
B. The Advantages of U.S. for elected officealthough youll never be able to
run for president. (You must be born in the U.S.A.
Citizenship to qualify for that job.)
U.S. citizenship is definitely an improvement over
permanent resident status. At the very least, you
1/ 1 0 BECOMING A U.S. CITIZEN: A GUIDE TO THE LAW, EXAM AND INTERVIEW
2. Security From Anti-Immigrant Laws 4. The Right to Live Outside the U.S. or
These days, you cant open the newspaper without Take Long Trips
seeing a proposed change toughening up the fed- A green card holder who spends more than six
eral immigration laws. These new laws primarily af- months abroad, or shows signs of resettling else-
fect people who are here illegally or dont have where, can lose permanent residence rights. Ironi-
green cardsbut even legal immigrants with green cally, becoming a U.S. citizen allows you to spend
cards arent immune. Congresslimited only by less time in the United Stateseven to make your
Constitutional guarantees like free speech and equal home elsewhere if you wish. No one will take your
protectioncan change the rights of green card citizenship away as a result. In addition, and unlike
holders at any time. U.S. permanent residents, you will be allowed to
A dramatic example of this occurred in the late continue receiving any retirement or other benefits
1990s, when Congress decided to make green card youve earned from Social Security while youre liv-
holders ineligible for various federal benefits such as ing abroad.
Supplemental Security Income (SSI). Thousands of Even if you want to retain your primary home in-
elderly and disabled immigrants with low financial side the United States, gaining citizenship will be a
resources were suddenly cut off from their lifeline of huge help if you travel a great deal or have close
cash support and medical or nursing home care. family members or other obligations outside the
(The decision reportedly led to some suicides.) Con- United States. If family emergencies arise, youll be
gress subsequently softened this law, but tight re- able to attend to them, confident of your easy return
strictions remain. For example, immigrants who en- to the United States.
tered the United States after August 22, 1996, can
only qualify for SSI if theyve had a green card for 5. Special Rights and Protections When
five years and have worked 40 quarters (ten years)
Traveling Outside the U.S.
in the United Statesor fall into one of a few simi-
larly narrow categories. More recently, Congress has If you enjoy visiting other countries, youll find your
responded to U.S. security concerns by requiring U.S. passport helpful. Many countries lighten their
that all airport baggage and passenger screeners be visa requirements and restrictions for citizens of the
U.S. citizens. United States and other developed nations.
As a U.S. citizen, you can stop worrying about Youll also enjoy the protection of the U.S. State
Congresss latest idea. Youll have the same basic Department while youre traveling. The State De-
rights as any other U.S. citizen. partment takes very seriously its role in protecting
U.S. citizens abroad. If you are injured, robbed or
run into other problems beyond your control, youll
3. Security From Deportation
find the local U.S. consulate invaluable in helping
Although most green card holders can live in the you arrange care and transportation home. If youre
United States for years without problems, an unfor- arrested abroad, the State Department will help you
tunate number become deportable and lose their find an attorney and see that youre treated hu-
green cards. (We provided reasons for deportation manely. (However, if youve actually committed a
in Section A1, above.) crime, dont count on the State Department to pres-
With U.S. citizenship, the specter of deportation is sure the foreign state to stop your punishment. The
removed. The grounds of deportation do not apply degree of help you get depends on the seriousness
to U.S. citizens. However, the INSalthough it of your crime and the relations between the United
rarely does socan take away your citizenship if it States and the foreign government.)
finds you lied when seeking your green card or citi- For a fuller picture of these services see the State
zenship. Department website (www.state.gov).
DECIDING WHETHER TO APPLY FOR CITIZENSHIP 1/ 1 1
6. Ease in Returning to the U.S. In addition, you can submit a petition to sponsor
certain other family members for U.S. green cards
Remember those long lines for greencard holders
(but not citizenshiptheyll have to wait a few years
that you stood in when you last entered the United
just like you did). Youll be able to submit petitions
States? The lines are much shorter for U.S. citizens.
for your parents, your children, your spouse and
Youll still have to pass border patrol and customs
your brothers and sisters. Unfortunately, not all of
officials, but at least they wont be asking questions
these petitions result in your family member getting
designed to see whether they should take your
a green card right away. If your children are older
green card away. You will no longer be subject to
than 21 or are married, theyll be put on a waiting
inadmissibility rules every time you reenter the
list that usually lasts several years. Your brothers
United States.
and sisters will also be put on a waiting list that av-
As we indicated in Section A1, above, green card
erages at least ten years in length. Without your citi-
holders must meet admissibility standards every time
zenship, however, the same family members would
they enter the United States and failing these stan-
either wait much longer or have no rights to immi-
dards can result in being barred from entry and from
grate at all.
citizenship.
For more information on how your citizenship
For more on inadmissibility, see the Immigra- can help your family members to immigrate, see
tion and Green Cards section of Nolos online Chapter 11.
Legal Encyclopedia at www.nolo.com. Look for the ar-
ticle entitled When the U.S. Can Keep You Out. Also 8. Eligibility for Public Benefits
see U.S. Immigration Made Easy, by Laurence A. Canter
If your life takes a difficult turn and you discover
and Martha S. Siegel (Nolo).
you cant pay for your own food or medical care,
youll have a much easier time qualifying for gov-
7. Increased Ability to Help Family ernment help if youre a U.S. citizen. You will be
Members Immigrate permitted to apply for SSI (if youre disabled and
As a U.S. citizen, your existing children with green low-income), federal food stamps, general assistance
cards, any children you adopt and any children born (cash support), non-emergency medical services and
to you after you receive your citizenship automati- a variety of state assistance programsall of which
cally (well, almost automatically, depending on the are off limits or severely restricted while youre a
circumstances) become U.S. citizens. For more on permanent resident. Even if you never plan to rely
passing citizenship to your children, see Chapter 11. on government help, knowing its available in an
emergency can be reassuring.
C H A P T E R
12. You Fail to Register With the Selective Service .............................................. 2/22
13. You Deserted or Avoided the U.S. Military During Wartime ......................... 2/24
14. Youve Been a Communist, a Totalitarian or Opposed the
U.S. Government ........................................................................................... 2/24
15. Youve Done Something That Society Frowns Upon ..................................... 2/24
16. Showing Your Good Side .............................................................................. 2/24
E. English Language Skills ...................................................................................... 2/26
1. Waiving the English Requirement for Advanced Age ..................................... 2/26
2. Waiving the English Requirement for Disability ............................................ 2/26
F. The U.S. History and Government Exam ............................................................ 2/27
1. The 65/20 Exception for Applicants of Advanced Age ................................... 2/27
2. Waiving the History and Government Exam for Disability ............................ 2/27
G. Loyalty to the U.S. .............................................................................................. 2/28
1. Your Beliefs Forbid Taking Oaths .................................................................. 2/29
2. Your Beliefs Forbid Serving in the Military .................................................... 2/29
H. Overview: Are You Ready to Apply? .................................................................. 2/29
ARE YOU ELIGIBLE FOR U.S. CITIZENSHIP? 2/ 3
If you are in the United States illegally, you Keep your eyes out for this icon which alerts
have a temporary visa or status, or you are in you to unique situations when you may have to
removal (deportation) proceedings, stop nowthis submit extra documents (and explanations) with your
book cant help you. No matter who you are or how citizenship application.
you came to the United States, you have to start the
citizenship process by getting a green card. You cannot
jump from having no immigration status to U.S. citizen- A. Confirming Your Permanent
ship. The only exceptions are for the children and, in
rare cases, the grandchildren of U.S. citizens and for
Resident Status
service people who served honorably and on active- Before you can become a citizen, you mustwith
duty during certain military operations. For more infor- some exceptions (see Section A3, below)have
mation, see How to Get a Green Card, by Loida been a lawful permanent U.S. resident for at least
Nicolas Lewis and Len T. Madlansacay (Nolo). five years. Its important to be accurate when deter-
mining your time as a lawful permanent resident,
If you meet all of the following criteria, you are
because if you turn in your application even one
eligible for U.S. citizenship:
day before the date youre eligible, the INS can dis-
You have had permanent residence (a green
qualify it and make you submit it all over again. In
card) for the required number of yearsusually
the following sections, well help you analyze the
five, but fewer for certain categories of appli-
length and status of your permanent residency.
cants (see Section A).
You have been physically present, that is, lived
1. Are You a Lawful Permanent Resident?
in the United States, for at least half your re-
quired years of permanent residenceusually Your green cardnot a work permit, visa or other
two and a half out of five years (see Section B). temporary right to live in the United Statesis what
You been continuously present in the United demonstrates that you are a permanent resident.
States, that is, have not spent long stretches of time Your green card should look similar to the one
(six months or more) overseas (see Section B). shown in Section A2, below.
You have lived in the same U.S. state or INS dis- Its not enough to possess the card; you also have
trict for three months before applying to the INS to deserve it. If you have been ordered deported
there (see Section B). or have violated the terms of your stay, you may
You are at least 18 years old at the time of filing have lost your legal right to permanent residence
the application (see Section C). even though you still carry your card. Not only
could you be ineligible for citizenship, but you risk
deportation by applying for it.
2/ 4 BECOMING A U.S. CITIZEN: A GUIDE TO THE LAW, EXAM AND INTERVIEW
However, if your green card expired (which it As you calculate the time, dont round it off to
does every ten years)you are still a permanent calendar years. In other words, four years, 11
resident. Renew your card before applying for citi- months and 20 days does not equal five years.
zenship. Instructions for renewal are in Chapter 3. When it comes to determining the date at which you
can apply for citizenship, the INS wants you to
2. How Long Have You Been a Permanent count full 365-day years.
Resident? Example: Loc was granted permanent residence
To determine how many years youve been a per- on December 15, 1997. On January 15, 2002, he
manent resident, calculate from the date that the INS incorrectly decides that he has been a perma-
approved your permanent residenceits shown on nent resident for five years and files his citizen-
your green card, as seen in the picture below. ship application. (In actual years, he has only
been a permanent resident for four years and
Date of Residency
one month.) His application will be returned
and Loc will not be eligible for citizenship until
December 15, 2002 (although, as well see in
Section A3, below, a special provision allows
him and other applicants to file applications
three months before theyre eligible).
Conditional residents who married U.S. citi- 2002 (five years minus 90 days from December
zensmore good news! Assuming your mar- 15, 1997).
riage to your U.S. citizen spouse hasnt broken up, you
only have to wait three years as a permanent resident
before applying for citizenship. That means you can
b. The: Five-Year Requirement
apply one year after the end of your conditional resi- Most immigrants must wait for a full five years of
dence. permanent residency before they are eligible for citi-
zenship. In other words, if you were approved for
permanent residency on December 15, 1997, you
3. How Many Years of Permanent would not be eligible for citizenship until December
Residence Are Required? 15, 2002. (Due to the 90-day period discussed in
In this section, well help you determine the earliest subsection a, above, you could file your application
possible date upon which you can turn in your citi- on September 15, 2002.)
zenship application. For most people, that will be
after five years of permanent residence, but for c. Exceptions to the Five-Year Requirement
somedepending on their circumstancesthat date You dont have to accumulate five years of perma-
may be sooner. nent residence before applying for citizenship if you
Dont count on the INS to tell youve miscalcu- are:
lated. Although the INS has recently started try- a spouse of a U.S. citizen (non-military) who
ing to advise people of errors in their application date stays married for three years (see subsection i,
soon after they submit it, some applications are bound below)
to slip through the cracks. In other words, you could a battered spouse of a U.S. citizen, even if di-
arrive at your interview only to be told to go home and vorced or separated (see subsection ii, below)
file again. For that reason, do your best to count your a refugee or political asylee (see subsection iii,
permanent residency time accurately. below)
in the U.S. military or a military widow or wid-
ower (see subsection iv, below), or
a. The 90-Day Early Application Rule a spouse of a U.S. citizen in certain overseas jobs
You can turn in your citizenship application 90 days (see subsection v, below).
before your required years of permanent residence Below, well give you the fine print on these
have passed. This 90-day period compensates for exceptions and alert you to special documentation
the fact that the INS probably wont act on your ap- youll need to provide to claim the exception. How-
plication for at least a year. (This doesnt change the ever, if you cant tell whether you fit into one of
fact that youre only eligible for citizenship after the these exceptions, or if you have additional questions
full number of years have passed, but in this rare about how these exceptions apply to your case,
instance, the INS allows you to become eligible after consult with an immigration attorney.
you submit your application, not before). i. Spouses of U.S. Citizens (Non-Military) Who
Example: Loc (from the example above) became Stay Married for Three Years
a permanent resident on December 15, 1997. He You can apply for citizenship after three years if,
carelessly counts off five years on his fingers during that time, you have been a permanent resi-
and decides that he can apply for citizenship in dent and have been married to and living with a
2002. He turns in his citizenship application in U.S. citizen. It doesnt matter whether you got your
August of 2002. His application comes back in green card through this marriage. You will, how-
the mailhe is told he applied too early and ever, need to stay married to your citizen spouse all
must reapply. If hed waited another month, he the way through your citizenship interview. This ex-
could have legally applied on September 15,
2/ 6 BECOMING A U.S. CITIZEN: A GUIDE TO THE LAW, EXAM AND INTERVIEW
ception wont apply and you will be required to days before reaching three years of permanent
wait five years if: residence.
you divorce prior to your interview
you stop living with your spouse, or Married with documentation. If you are married
your spouse dies. to a U.S. citizen and eligible to apply after three
Also, your spouse must be a citizen during all of years, youll need to prove it. Include with your appli-
your three years of permanent residency. If, for ex- cation a copy of your marriage certificate, a copy of
ample, your spouse had a green card when you got your spouses U.S. passport, citizenship certificate or
married and became a naturalized citizen one year other proof of citizenship, certificates showing that your
later, youll have to wait three years from the date and your spouses previous marriages (if any) were le-
he or she became a citizenthat is, for a total of gally ended by death, divorce or annulment and mate-
four years. rials to show that the two of you are actually living as
One more bureaucratic hitchapplicants claiming man and wife, such as your childrens birth certificates,
this three-year exception may not be able to use the a home title or rental receipts showing both your
90-day rule (see Section A3) that allows you to file names, copies of joint credit card statements and more.
your application early. Some local INS offices insist
on your having been married for three yearsnot ii. Battered Spouses of U.S. Citizens, Even If
one day less. So, if you got married at around the Divorced or Separated
same time that you received your permanent resi-
dence, its safest not to file your application 90 days Until recently, battered spouses of U.S. citizens were
early. If you were married to a U.S. citizen for more left with a tough choice: They could stay in an abu-
than three months prior to obtaining permanent resi- sive marriage for three years so that they could obtain
dency, you can file early. U.S. citizenship, or they could leave their spouse
but have to wait longer before applying for citizen-
Example 1: Edna entered the United States on a
ship.
fianc visa, married Edric (a U.S. citizen), and
Now, permanent residents in physically or emo-
applied for permanent residence the day after
tionally abusive marriages can leave their spouse
their marriage. Two years and 275 days later
and still apply for U.S. citizenship three years after
(three years minus 90 days), she applies for citi-
obtaining their permanent residence. If you want to
zenship. Ednas local INS wont accept her ap-
use this rule, the law requires that you got your
plication, insisting that she must wait until shes
green card through your marriage to the U.S. citi-
been married to Edric for a full three years.
zenand that in getting the green card, you used
special legal provisions that allow battered spouses
Example 2: Bhagwan, a U.S. citizen, married
to file portions of the paperwork without the abu-
Brinda while she was a foreign student in the
sive spouses cooperation. See I.N.A. 319(a), 8
United States. After her studies were nearly
U.S.C. 1430(a).
over, he petitioned for her to receive U.S. resi-
Although this change in the law (I.N.A. 319(a), 8
dence. By the time her residence was granted,
U.S.C. 1430(a)) is welcome, the INS hasnt yet an-
they had already been married and living to-
nounced the application procedures. The INS will
gether for three years. Brinda can submit her
most likely want proof of the abuse, but just what is
citizenship application in another nine months
required remains to be seen. For that reason, we
90 days before her three years of permanent
cannot provide much guidance when seeking this
residence are up. Although Brindas situation
exception. (Some immigrant advocates are also hop-
seems very similar to Ednas, above, Brinda is
ing the INS will find a way to extend this law to ap-
luckyher marriage began long before she be-
plicants who are presently the victims of abuse, but
came a permanent resident. Therefore she can
who didnt get their green card through marriage to
show a full three years of marriage and apply 90
the abusive spouse.)
ARE YOU ELIGIBLE FOR U.S. CITIZENSHIP? 2/ 7
If youve already suffered through an abusive plies for permanent residence and his applica-
marriage to your U.S. citizen spouse for three years, tion is approved in March of 1999. Takalin can
you can apply under the rule described in Section apply for U.S. citizenship in March of 2003, four
A3, above. But, if youre not living with your U.S. years after he qualified for permanent residence.
citizen spouse now, this new section could help. Only one year of his time as an asylee is
Check Nolos website for updates on this law counted towards his permanent residence.
(www.nolo.com) or consult an attorney.
Despite rollback benefits, refugees and asylees
Proof of abuse. Since the INS will probably ask
are subject to the same requirements as other
for proof of abuse, collect or save written reports
applicants regarding how much time they must spend
by the police, your doctor, your psychiatrist or others
inside the United Statesas opposed to traveling
who know of your situation.
abroadbefore applying for citizenship (see section B,
below.)
iii. Refugees and Political Asylees
If you got your green card because of your refugee If you take advantage of the rollback rules for
or political asylum status, part of your time as a refugees or asylees, make it clear to the INS
refugee or asylee can be counted as if you were a when you apply. Mention it in your application cover
permanent resident (known as rollback). letter, and include a copy of INS or State Department
If the INS granted you refugee status while you documents proving the date you entered the United
were in another country, you can count the date States (if youre a refugee) or became a permanent resi-
you entered the United States as the beginning of dent (if youre an asylee). The INS should have these
your permanent residence. It doesnt matter how dates in its files, but the office that first handles your
many years you lived in the United States as a refu- citizenship application may not have access to those
gee as long as you eventually become a permanent files.
residentall those years will count as if you were a
permanent resident. iv. U.S. Military Personnel, Their Widows and
Widowers
Example: Seyoum comes to the United States as
a refugee in January 1998. He waits until the
People serving in the U.S. military and their families
year 2001 to apply for permanent residence, and
make a special commitment to the United States and
the INS grants it in January 2002. Seyoum can
for that reason, the immigration law provides certain
apply for citizenship in January 2003, because
exceptions for those applying for U.S. citizenship.
his four years of refugee status and one year as
People with three years of service. If you have
an actual permanent resident all count as part of
served honorably in the U.S. armed forces for three
his five years of permanent residence.
years (they dont have to be continuous) and your
The rules differ for immigrants who were granted discharge (if any) was honorable, you can apply for
political asylum after they reached the United States. citizenship without waiting beyond the date you get
The maximum rollback for asylees is one yearif your green card.
you waited longer than a year to apply for your However, if you have been discharged, you must
green card, that extra time wont be counted to- apply for citizenship no later than six months after
wards your permanent residency period. In sum- your discharge, so dont delay. If six months have
mary, you can apply for citizenship four years after already passed, you willunless you qualify for one
your approval for permanent residence. of the other exceptions in this chaptermost likely
have to prove five years of permanent residence be-
Example: Takalin arrives in the United States on
fore applying for citizenship. See I.N.A. 328, 8
a tourist visa in 1994 and applies for and re-
U.S.C. 1439.
ceives political asylum in 1995. In 1997 he ap-
2/ 8 BECOMING A U.S. CITIZEN: A GUIDE TO THE LAW, EXAM AND INTERVIEW
Surviving spouses of U.S. citizens killed in action. Put proof in your application packet. If you
If you were married to a U.S. citizen who died while plan to claim one of these conflicts excep-
honorably serving on active duty with the U.S. tions, include an explanation in your application cover
armed forces, and if the two of you were married letter and provide proof of your military service and
and living together at the time of your spouses discharge.
death, you can apply for citizenship without wait-
ingprovided you are a permanent resident by the v. Spouses of U.S. Citizens in Certain Overseas Jobs
time you apply for citizenship. See I.N.A. 319(d), 8
U.S.C. 1430(d). If your spouse has a job requiring the two of you to
Service people during certain conflicts. If you live overseas, you may be able to apply for citizen-
served honorably and on active duty with the U.S. ship without five years of permanent residency. If
armed forces during one of the conflicts listed be- youre willing to come back to the United States to
low, and enlisted (signed up) while you were still apply, you can file your application any time after
on U.S. territory (including the Canal Zone, Ameri- you receive your permanent residence.
can Samoa, Swains Island or a non-commercial U.S. There are a number of limitations on who can use
ship), you dont even need a green card or perma- this provision:
nent residence to apply for U.S. citizenship. You You must be regularly stationed abroad because
can, if your citizenship application is approved, go of your spouses job.
straight from having no legal status to becoming a You must declare your intention to live in the
citizena rare opportunity in the immigration law United States as soon as your spouses job ends,
world. See I.N.A. 329, 8 U.S.C. 1440. The con- and
flicts that qualify include: Your spouses employer must be:
World War I the U.S. government (for example, the CIA,
World War II the military, the American Red Cross or the
the Korean hostilities Peace Corps)
the Vietnam hostilities a U.S. institution of research recognized as
the Persian Gulf War such by the Attorney General (listed at 8
the war against terrorists that began on Sep- C.F.R. 316.20(a))
tember 11, 2001, and will end on a date to be a U.S. firm or corporation (or a subsidiary)
determined by the U.S. President. engaged wholly or partly in the development
To take advantage of your right to apply immedi- of U.S. foreign trade and commerce
ately, youll need certification from the military a public international organization in which
showing when and where you served and that your the United States participates by treaty or stat-
service and discharge (if any) were honorable. If ute (listed at 8 C.F.R. 316.20(b) and (c)), or
you are currently serving in the military and at some a religious denomination with an organization
later date you are dishonorably discharged, your within the United States, for which your
citizenship can be taken away. spouse performs ministerial or priestly func-
tions or works solely as a missionary.
In addition to the conflicts listed above, the
For more information, review I.N.A. 319(b), 8
U.S. President can later add more by executive
U.S.C. 1430(b), as well as 8 C.F.R. 319.11, and
order. Check for new additions in the Legal Updates
consult with an attorney.
section of Nolos website (www.nolo.com).
If you plan to claim this overseas job excep-
tion, make sure to raise it in your application
packet. Include an explanation in your cover letter and
proof that you qualify for the exception.
ARE YOU ELIGIBLE FOR U.S. CITIZENSHIP? 2/ 9
In this section we discuss three separate but over- Youll need to know exactly when you were in-
lapping citizenship requirements concerning your side and outside the United Statespreferably
physical locationthat is, where your feet were with exact dates.
planted (on U.S. soil or overseas) during the re- Unless you have a fabulous memory or havent
quired years of permanent residence leading up to taken many trips, you probably cant figure this
your citizenship application. The three requirements out without a little research. Get out your pass-
are: port, your calendar, your credit card receipts and
You spent most of your time during your re- your frequent flier records and fill in the table be-
quired years of permanent residence on U.S. low. This table is taken directly from the citizen-
soilcalled the physical presence requirement ship application, so skipping over it will only post-
(discussed in Section B1). pone the inevitable.
None of your absences from the United States If your records dont reveal the information, be
lasted longer than six monthscalled the con- creative. For example, ask your employer for your
tinuous residence requirement by the INS (but time sheets and look for the vacation dates. Try to
weve renamed it the continuous U.S. stay re- remember details of your trips that will help es-
quirement, as discussed in Section B2), and tablish the dates. For example, think about which
You lived in the same U.S. state or INS district house or apartment you were living in when you
for three months before submitting your citizen- took each trip and whether any trips were for spe-
ship application (which weve named the state cial occasions that you can attach dates to, like
stay requirement, as discussed in Section B3). your fathers 60th birthday or your brothers wed-
Well refer to these three requirements collectively ding.
as the location requirements. On the table below, enter every trip that lasted
24 hours or longer. Day tripsif you got there and
back within 24 hoursdont count. If you cant
determine the exact date, approximate, for ex-
ample giving the month and year. If you really
cant remember the dates, write down what you
can remember, such as traveled to Mexico for the
Christmas holiday every yearspent no more than
two weeks each trip. (Although some INS officers
will not accept approximations, its better to pro-
vide some information than to hide the fact that
you took trips.)
Amherst CollegeAmherst, Massachusetts
2/ 1 0 BECOMING A U.S. CITIZEN: A GUIDE TO THE LAW, EXAM AND INTERVIEW
Date You Left Date You Returned Did Trip Last Six Countries to Which Total Days
the U.S. to the U.S. Months or More? You Traveled Out of the U.S.
(Month/Day/Year) (Month/Day/Year)
yes no
yes no
yes no
yes no
yes no
yes no
yes no
yes no
yes no
yes no
1. Time Requirements for Physical complete three years of permanent residence, then
Presence in the U.S. you must have spent one and a half of those years
(18 months) physically present in the United States.
In Section A3, we discussed how many years of per-
manent residence are required before applying for Example 1: Jorge was approved for his green
citizenship. But having a green card for the right card as a skilled worker. He has a five-year wait
number of years isnt enough to qualify you for citi- before hes eligible for U.S. citizenship. During
zenship. You must have spent as much time inside those five years, he takes several business trips
the United States as outside of it during those years. outside of the United States, adding up to two
This is the physical presence requirement, the pur- years total time. He is eligible for citizenship,
pose of which is for you to strengthen your ties to because he was physically present in the United
the United States. During those years, youll become States more than two and a half years.
an active participant in U.S. society, start to under-
stand its system of law and governance and make a Example 2: Graciela received her green card as
transition away from your old country. a result of her marriage to a U.S. citizen (she is
If you are required to complete five years of per- still married to him). She has a three-year wait
manent residence before applying for citizenship, before shes eligible for U.S. citizenship. She and
then you must have spent two and a half of those her husband love to travel, and have spent a
years (30 months) in the United States. (This applies total of two years outside of the United States.
to refugees and asylees, too.) If youre required to This leaves her with only one years physical
ARE YOU ELIGIBLE FOR U.S. CITIZENSHIP? 2/ 1 1
presence since getting her green cardshe has The INS could decide that you broke the conti-
a physical presence requirement of 18 months. nuity of your U.S. stay and abandoned your
Shell need to spend another six months within U.S. residence altogether. If the INS believes you
the U.S. before she can apply for citizenship. planned to make your primary home elsewhere, it can
deny your citizenship and send you to immigration
If you fall into one of the exceptional categories
court for a decision on whether you should be de-
of applicants who dont have to spend a specific
ported. It can take this action for any trips you took
number of years as a permanent resident, then you
during your years of permanent residence. For ex-
probably wont have to worry about the physical
ample, if youve been a permanent resident for 25
presence requirement. Well talk more about these
years, the INS could review a trip you took 20 years
exceptional categories in Section B4, below.
ago and determine you took that trip with the intention
The physical presence requirement is not the only
of abandoning your life in the United States. The INS
way you have to prove that you made your home in
officer at your citizenship interview has the power to
the United States. Next, well discuss the require-
decide that the border patrolwhen they let you back
ment that youve lived here continuously.
into the countrywas too easy on you. Your case may
then be handed over to a judge. If this could be an is-
2. Continuity: Living Outside the U.S. for sue for you, see a lawyer.
More Than Six Months at a Time
Taking short trips outside the United States is fine Tax breaks = continuity breaks! If you claimed
in fact, its one of your rights as a permanent resi- to be a nonresident of the United States in order
dent. However, if during the required years of per- to avoid paying U.S. income taxes, the INS will deter-
manent residence leading up to your citizenship ap- mine that you have broken your continuous U.S. stay.
plication, any of your trips lasted six months or This doesnt happen often, so we dont cover it in fur-
more, youve got an eligibility problem. ther depth here. If this is an issue in your case see a
The INS presumes that a six-month trip (or lawyer.
longer) means that you made your main home in
Though their underlying theme is the samethe
another country and that your period of U.S. perma-
INS wants you to live in the United Statesthe
nent residence is no longer continuous. Even one
physical presence and continuous U.S. stay require-
day more than six months raises the INSs concern.
ments are different. Keep in mind that you could
That doesnt mean youre ineligible for citizenship. If
meet one while failing to meet the other.
your trip was under one year in length, you may be
able to persuade the INS that its presumption was Example: During his five years as a permanent
wrong, and that you always intended to make your resident, Kelepi takes 25 vacation trips outside
home in the United States. Your chances are im- the United States. Each trip lasts 40 days. His
proved ifduring your tripyou maintained your total absence from the U.S. is 1,000 days (about
primary residence in the U.S. But a trip of more than two years and nine months). Although he has
one year breaks the continuity of your U.S. stay au- broken the physical presence rulehes only
tomatically and you are ineligible to apply for citi- permitted to spend two and one half years out-
zenship until you have completed a continuous per- side the U.S.he has not broken the continuity
manent residency period. rule, since no single trip was longer than six
Although this requirement is formally known by months.
the INS as the continuous residence requirement,
were going to call it the continuous U.S. stay re- Example: During her five years as a permanent
quirement to avoid confusing it with the require- resident, Manawune spends eight months
ment concerning the number of years youve been a abroad with her ailing mother. Manawune has
permanent resident. met the physical presence requirementhaving
spent over two and one half years in the United
2/ 1 2 BECOMING A U.S. CITIZEN: A GUIDE TO THE LAW, EXAM AND INTERVIEW
Statesbut she has broken the continuity of her continued to pay U.S. taxes
U.S. stay. Unless she can persuade the INS that left close family members in the United States
she didnt intend to make her home outside the kept a home or apartment in the United States to
United States, she is ineligible for citizenship which you still had full access (that is, didnt rent
until she completes a continuous five years of out)
permanent residency. continued car registration, health insurance and
other such protections
There are exceptions to the continuity rules. Cer-
didnt take a new job overseas
tain people who are working or stationed overseas
were prevented from returning to the United
can spend longer than six months outside the
States by unexpected circumstances.
United States without hurting their eligibility for citi-
The more factors you match, the better. Youll
zenship. These are discussed in Section B4, below.
need to provide supporting documents, and weve
In summary, your options if you have broken the
created a checklist below to help you. This is not an
continuity of your U.S. stay include the following:
exhaustive list. Provide any relevant documents to
If your trip was more than six months but less
prove that the United States remained your home
than a year, provide evidence arguing that you
during your absence.
didnt mean to break the continuity of your U.S.
stay. (See subsection a, below.)
If you obviously broke your continuous U.S. stay Documents Demonstrating
or if you lived outside the United States for a an Unbroken Stay
year or more (but you didnt go so far as to
The following documents can help demonstrate
abandon your U.S. residence), wait for a certain
an unbroken stay in in the U.S.:
amount of time from the date you returned be-
copies of pay stubs showing you kept a job with
fore applying. (See subsection b, below.)
a U.S. employer
If you havent yet spent six months outside the
original IRS Form 1722 listing your tax informa-
United States, but you know that youll need to be-
tion for the past three years, or, if you cant ob-
cause of a job, you may have an additional option:
tain this, copies of your last three years U.S.
to apply for advance permission to take a long trip.
income tax returns
This is discussed in subsection c, below.
copies of rent or mortgage payments showing
you kept a home or apartment in the United
a. Proving You Didnt Break Your Continuous States
U.S. Stay evidence that your family remained in the
As long as you were not outside the United States for United States while you were away, such as
more than one year at a time, you can argue that copies of school, medical and employment
you didnt intend to break your continuous U.S. stay. records and rent or mortgage receipts
copies of your U.S. car registration, health in-
If you were gone for more than a year at a time,
surance and other contracts and receipts
theres no point in arguing with the INS or provid-
your written explanation of the purpose of your
ing the documents described in this sectiongo straight
trip and the reason it lasted so long, or
to subsection b, below, to find out how long youll have
if you were prevented from returning by un-
to wait before youll be eligible for citizenship.
usual circumstances (for example, you broke
The key facts that will convince the INS that you your hip and couldnt travel), a letter from your
didnt intend to break your continuous U.S. stay are doctor or other authority who can verify what
that you: happened.
kept a job with an employer in the United States Include these documents with your citizenship
(whether you were on leave, sent to work for an application. (We describe the application process
overseas office or otherwise) in Chapter 3.)
ARE YOU ELIGIBLE FOR U.S. CITIZENSHIP? 2/ 1 3
Put the proof in your application. If youre ex- c. Applying for Permission to Take a Long
plaining your continuity break to the INS, de- Trip
scribe what happened in your cover letter and include
With a little advance planning, you canunder
proof that you didnt break the continuity of your U.S.
some circumstancesapply for INS permission to
stay in your citizenship application packet.
stay outside the United States for a year or more
without breaking your continuous U.S. stay. You are
b. Dealing With Continuity Breaks allowed to do so if you have a job that takes you
out of the United States for long stretches of time.
Unless you were kidnapped or forcibly removed
You will, however, need to have lived in the United
from the United Statesrare exceptionsany stay
States as a permanent resident for one year before
of over one year outside the U.S. will break your
leaving (except religious workers, who can do their
continuity. If youve stayed over a year, or if the INS
one year after returning). And youll need to come
rejects your arguments regarding trips of six months
back after two and a half years or else start over
to a year, youll need to re-determine your years of
counting your years of permanent residence when
U.S. residence. If you were required to have five
you return to the United States. Upon return, you
years permanent residence, youll have to live in
will need to prove that you really spent the time do-
the United States for four continuous years and one
ing the designated job.
day after the date you returned from your trip be-
You are eligible to apply for permission if you are
fore applying for citizenship. The INS treats your
an employee of:
year away (minus one day) as if it was spent in the
the U.S. government
United Statesbut doesnt count any of the time be-
a U.S. research institution (if the institution is
fore you left the United States.
recognized by the U.S. Attorney General)
If you qualify to apply for citizenship after three
a U.S. firm or corporation (more than 50% U.S.
years, you must wait two years and one day after
owned) involved in the development of U.S.
returning from the trip that broke your continuous
trade and commerce
U.S. stay to submit your citizenship application.
a public international organization of which the
If youre applying after one of these waiting peri-
United States is a member by treaty or statute, or
ods, dont count on using the 90-day early submis-
a religious denomination or interdenominational
sion policy described in Section A3. Under these cir-
mission organization having a bona fide organi-
cumstances, most INS offices wont allow you to
zation within the United States, where you are
submit your application early.
authorized to perform ministerial or priestly
Even the fixes described in this section wont functions or serve as a missionary, brother, nun
help you if you not only broke the continuity of or sister.
your U.S. stay, but abandoned your U.S. permanent See I.N.A. 317, 8 U.S.C. 1428; 8 C.F.R. 316.5(d)(2).
residence altogether. If theres any strong basis upon You can file an application to preserve your con-
which the INS could claim that you meant to make tinuous U.S. stay after youve left the United States,
your home outside the United States, consult with an but you must turn it in before youve been away for
immigration attorney before submitting your applica- a whole year. (Religious workers again receive an
tion. For instance, if you didnt merely divide your life exceptionthey can file their application after re-
between two places, but actually sold your U.S. home turning to the United States.) Use INS Form N-470,
and car, took your children out of school and gave your Application to Preserve Residence for Naturalization
dog to a neighbor before leaving, the INS is likely to Purposes, to apply. (We do not cover this applica-
suspect that you abandoned your U.S. residence. tion process in this book.) For the form and further
instructions, see the INS website (www.ins.gov).
2/ 1 4 BECOMING A U.S. CITIZEN: A GUIDE TO THE LAW, EXAM AND INTERVIEW
If youve already filed a Form N-470 application the one where their spouse or minor children live or
and received permission from the INS to stay in the one where their home address is (as shown in
away for more than a year, include this proof in your their military file). 8 C.F.R. 316.5 (b)(2).
citizenship application packet. Also include evidence College students can apply in their home state or
that you actually returned on time, such as a copy of in the state where their school is located. 8 C.F.R.
your plane ticket. 316.5 (b)(2).
If you want to claim this military service excep- a public international organization of which the
tion, include a certified statement from the ap- United States is a member by treaty or statute, or
propriate military authorities showing that each period a religious or missionary organization for which
of your service during the required three years was you work as a priest, missionary, brother, nun or
honorable and that youve never had a dishonorable sister.
dischargenot even outside the three years. Youll See I.N.A. 316(b)(1), 8 U.S.C. 1427(b)(1).
also have to show that you made your primary home in To apply for advance permission to spend more
the United States during any breaks in your military ser- than six months outside the United States without
vice. Use the types of evidence described in Section breaking the continuity of your residence, youll
B2, above. need to fill out INS Form N-470. Regardless of this
exception, you will still need to meet the physical
presence and state stay requirements for citizenship.
b. Widows and Widowers of U.S. Citizens in
the Military d. Spouses of U.S. Citizens in Certain
If your U.S. citizen spouse was killed during honor- Overseas Occupations
able service on active duty with the U.S. armed
If your spouse is a U.S. citizen whose job requires
forces and you and your spouse were married at the
that the two of you regularly live overseas, you may
time of death, you can apply for U.S. citizenship
be able to avoid the location requirements. See
without worrying about location requirements. See 8
I.N.A. 319(b), 8 U.S.C. 1430(b). Specifically, your
U.S.C. 1430(d), I.N.A. 319(d). (And as you al-
spouse must be:
ready know from Section A3, you dont need to
employed by the U.S. government
worry about how long youve been a permanent
employed by a U.S. research institution recog-
resident, either.) You can submit your citizenship
nized as such by the Attorney General
application as soon as you have a green card.
employed by a U.S. firm or corporation (or its
To claim the widow/widower exception, obtain subsidiary) that is engaged wholly or partly in
a statement from the military authorities stating the development of U.S. foreign trade and com-
that your spouses service was honorable and that he merce
or she was killed during the course of this service. In- employed by a public international organization
clude this and a copy of your marriage certificate with in which the United States participates by treaty
your citizenship application. or statute, or
serving as a priest, minister or missionary on be-
half of a religious denomination or interdenomi-
c. Employees of the U.S. Government, national mission that is organized within the
Research, Religious and Other United States.
Organizations If any of these employment descriptions apply,
You may, through an application process, avoid the you dont have to worry about the physical pres-
continuous U.S. stay requirement if you work for: ence, continuous U.S. stay or state stay require-
the U.S. government ments. Youll have to come to the United States to
a U.S. research institution (if the institution is claim your citizenship and must declare your inten-
recognized by the U.S. Attorney General; see the tion to take up residence within the United States as
list at 8 C.F.R. 316.20) soon as your spouses employment is over.
a U.S. firm or corporation (more than 50% U.S. Youll need to seek personalized advice from an
owned) involved in the development of U.S. experienced immigration attorney to take ad-
trade and commerce vantage of this overseas employment exception.
2/ 1 6 BECOMING A U.S. CITIZEN: A GUIDE TO THE LAW, EXAM AND INTERVIEW
e. Employees of Nonprofits That Promote Youll need to seek personalized advice from an
U.S. Interests experienced immigration attorney to take ad-
vantage of this U.S. ship exception.
If you work for a nonprofit that requires you to live
overseas, and youve worked for that nonprofit for
at least five years after becoming a permanent resi-
dent, you may be able to avoid the location require- C. The Age Requirement
ments. See I.N.A. 319(c), 8 U.S.C. 1430(c). You To use the naturalization process described in this
must work for a nonprofit that is: book, you must be at least 18 years old at the time
a bona fide U.S. incorporated nonprofit you apply. If youre younger than 18, theres an alter-
involved in communications media nate route to U.S. citizenship. If one of your parents
primarily involved in disseminating information is or becomes a citizen, you may qualify for citizen-
which significantly promotes U.S. interests ship through your parent. For details, see Chapter 11.
abroad, and You can also refer to U.S. Citizenship by Birth or
recognized as meeting the above criteria by the Through Parents, in Nolos online Legal Encyclope-
Attorney General. dia (www.nolo.com). To find this article, click Immi-
If this section applies to you, you dont have to gration and Green Cards on the left side of the Nolo
worry about any of the location requirements home page. Then look under U.S. Citizenship.
physical presence, continuous U.S. stay or state stay.
You must come to the United States to claim your
citizenship and you must declare your intention to D. Demonstrating Good Moral
take up residence within the United States as soon Character
as your employment is over.
To qualify for citizenship, you must demonstrate
Youll need to seek personalized advice from an good moral character during your permanent resi-
experienced immigration attorney to take ad- dency, with a particular focus on the last five years
vantage of this nonprofit exception. (or fewer, if you fall into one of the exceptional cat-
egories that can apply earlier). The longer youve
shown good moral character, the stronger your case.
f. Workers on Non-Military U.S. Ships What is good moral character? According to the
If you were living outside the U.S. while working on INS its the moral standard of an average member of
a non-military U.S. ship, your time on board wont be the U.S. community.
subtracted from the time you were physically present As a general rule, the INS doesnt ask for proof
in the United States and wont break the continuity of that youre good; it looks for evidence youve been
your U.S. stay. You will still, however, have to re- bad. So, if youve gone about your everyday busi-
main in one U.S. state or INS district for three months ness, paid taxes and child support and avoided
before submitting your citizenship application. trouble with the law (either in the United States or
A qualifying non-military ship is one thats: abroad), you should have no problem establishing
operated by the U.S. government, or your good moral character.
registered under U.S. law to a U.S. citizen or cor- However, if you have some minor negative be-
poration and has its homeport in the United havior to account forfor example, a series of traf-
States. fic tickets or a past drinking problemyou will
Time spent working on a foreign vessel doesnt need to balance out your bad acts by providing spe-
count toward your U.S. physical residence require- cific evidence of the good things youve done (as
ments. To take advantage of this section, you must discussed in Section D16). Keep in mind that the
also have demonstrated good conduct and honorable INS determination of your moral character is a sub-
service on the ship. See I.N.A. 330, 8 U.S.C. 1441. jective, unscientific analysis in which the interview-
ing officer weighs your good and bad actions and
decides which represent the real you.
ARE YOU ELIGIBLE FOR U.S. CITIZENSHIP? 2/ 1 7
If youve committed more serious transgres- You may have a criminal record and not know it.
sionsfor example, murder or another serious You may have been arrested for something mi-
crimeyou may not be able to outweigh them with nor and signed a paper saying youre guilty, then never
your good deeds. Immigration laws detail a variety gone to jail. Or you may have received diversion,
of actions that can destroy your good character. Cer- with no guilty plea, or perhaps your case was ex-
tain actions will permanently prevent you from be- punged, that is, erased from your record years later.
coming a U.S. citizen; others will delay your citizen- Keep in mind that these crimes still count against you
ship, at least until you take some other corrective for immigration purposes (with rare exceptions). Worse
action. If the law requires, the INS officer may be yet, if you state on your citizenship application that
forced to deny your citizenship, no matter how sym- your record is clean, you may run into serious prob-
pathetic your case. lems if the INS later accuses you of lying. If in doubt,
If you have a criminal conviction, see an attorney consult with an immigration attorney and ask to run a
before applying for citizenship. If the INS discovers criminal check on your fingerprints.
your criminal convictions, it may not only deny you
The checklist below summarizes the most com-
citizenship but the agency may send you to immi-
mon waysbut not all the waysin which moral
gration court for deportation proceedings. (Note:
character can be undermined. Check any boxes for
The INS usually wont hold juvenile convictions
which you answer yes and then review the appro-
when you were younger than 18against you. Still,
priate sections.
its wise to see a lawyer for a full analysis.)
Recent Years of Good Moral Character a. Crimes That Permanently Bar You From
May Not Be Enough Citizenship
If youve ever been convicted of one of the follow-
Although your task is to prove your moral charac-
ing, you are permanently denied U.S. citizenship:
ter has been good for the required (usually five)
murder
years of permanent residence leading up to your
an aggravated felony (if the conviction was after
citizenship application, (I.N.A. 316(a)(3), 8
November 29, 1990).
U.S.C. 1427(a)(3)), the INS is allowed to con-
These bars are automaticthat is, the INS officer
sider your actions before this time period began.
reviewing your citizenship application will have no
This is especially true if your earlier actions shed
choice but to deny your citizenship. In addition,
light on the type of person you are today (I.N.A.
youll probably be placed in deportation proceedings.
316(a)(3), 8 U.S.C. 1427(a)(3)). For example, if
The INSs definition of aggravated felonies in-
the INS officer suspects that you make a lifestyle
cludes more than rape, sexual abuse of a minor,
out of drinking and brawling, then a disorderly
drug trafficking, firearm trafficking, racketeering, run-
conduct conviction from six years earlier could
ning a prostitution business, child pornography and
weigh into the final decision. On top of this, there
fraud of $10,000 or more. It also includes crimes that
are certain actions that no amount of time will
local and state courts sometimes classify as misde-
curefor example, the INS will never allow a
meanors. For example, any crime of violence, theft
convicted murderer to become a citizen. There-
or burglary that resulted in a prison term of one year
fore, if you have any criminal or moral issues that
or more will be considered an aggravated felony.
arose prior to the last five years of your permanent
residency (or fewer years if youre using an excep- Example: An immigrant who stole a car stereo
tion to apply early), consult an attorney to deter- was sentenced to six years in prison. The fed-
mine the effect on your citizenship application. eral Circuit Court decided that this was an ag-
gravated felonya crime of violence, the court
said, because the immigrant had pried the car
door open first. See U.S. v. Alvarez-Martinez,
1. You Have a Criminal Record 286 F.3d 470 2002 WL 538939 (7th Cir. 2002); 8
U.S.C. 16.
If you have ever been prosecuted for criminal activ-
ity, youll need to see an immigration attorney for a Even driving while under the influence of alcohol
full check of your record and what it means in im- is sometimes considered a crime of violence by the
migration law terms. Dont try to interpret whats a INS, particularly if it involves reckless or intentional
serious crime and what isnt. behavior.
To give you an idea of what your attorney will Helping to smuggle an alien into the United
need to analyze, we provide a brief overview of the States is also considered an aggravated felonyun-
most serious crimes that will permanently bar you less it was a first offense to help your spouse, child
from citizenship (subsection a, below) and of the or parent. Note this exception doesnt cover smug-
various other crimes that will block or delay your gling grandparents, brothers and sisters, aunts,
qualifying for citizenship (subsection b, below). uncles, cousins, fiancs and friends.
There are many tragic stories of immigrants inno-
Crimes committed overseas count, too. See a
cently or negligently led into criminal acts that are
lawyer about any criminal prosecution in your
later classified as aggravated feloniesfor example,
pasteven if it occurred overseas. Note, the INS will
someone who befriends a drug dealer, buys a fake
not deny citizenship to refugees and political asylees
green card or has sex with an underage girlfriend.
who were victims of inappropriate government pros-
Because this area is so complex, see a lawyer if you
ecutionbut talk to a lawyer anyway, just to be safe.
believe your criminal record will affect your citizen-
ship quest.
ARE YOU ELIGIBLE FOR U.S. CITIZENSHIP? 2/ 1 9
b. Crimes That Temporarily Bar You From jured, whether or not you cooperated with the po-
Citizenship lice and the courts and whether you were drinking
or carrying an illegal weapon. As with all crimes,
Some crimes make you only temporarily ineligible
you should see an attorney to evaluate the situation.
for citizenship. See I.N.A. 101(f), 8 U.S.C. 1101(f).
If, after the date you committed the crime, you wait
out the same number of years that you must have to
2. You Havent Completed Probation,
meet your permanent residence requirement, you Parole or Similar Obligations
may be able to receive U.S. citizenship. We say If, after being convicted of a crime, you are placed
may because the INS can still consider your past on probation or parole, you must successfully com-
actions in reviewing your applicationand choose plete it before applying for citizenship. 8 C.F.R.
to deny your application. But at least youll have a 316.10(c)(1). Your citizenship application will not
chance to prove that the good side of your character be approved while you are on probation or pa-
outweighs your past bad acts. roleno matter how minor the crime. The INS will
Here is a summary list of the crimes that make either postpone a decision on your application until
you temporarily ineligible for citizenship: your probation or parole is completed or ask you to
You operated a commercial vice enterprisefor reapply later.
example, you were a prostitute, ran a call-girl
ring or sold pornography. 3. You Helped Someone Enter the U.S.
You participated in illegal vice activitiesfor ex- Illegally
ample, you hired a prostitute.
If the INS finds out that you helped someone enter
You have been convicted of or admitted to a
the United States illegally(often called alien
crime involving moral turpitude, such as fraud.
smuggling), your application for citizenship will be
You spent 180 days or more in jail or prison for
deniedand if you smuggled the alien within five
any crime.
years of your last entry into the United States you
You committed any crime related to illegal drugs
can be deported.
other than a single offense involving 30 grams or
Alien smuggling doesnt just refer to what profes-
less of marijuana.
sional lawbreakers, sometimes called coyotes, do
You have been convicted of two or more crimes,
in escorting someone across the U.S. border for a
the combination of which got you a total prison
fee. It can also refer to someone who gives friendly
sentence of five years or more, or
assistance or encouragement to anotherfor ex-
You get most of your income from illegal gam-
ample, by pretending a cousin is part of the family
bling or have been convicted of two or more
on a car trip back from Mexico or by lending a
gambling crimes.
green card to ones twin sister. Even if the friend or
If anything on your record remotely resembles an
relative fails in the attempt to enter the United
entry on the list above, see a lawyer. The lawyer
States, the people who tried to help will have a
can determine whether theres a problem and con-
problem obtaining citizenship.
firm how many years you should wait after the con-
If you werent convicted, how might the INS find
viction date before you apply.
out that you helped someone enter the United States
illegally? Apart from the fact that youll be asked
c. Other Crimes
about this on the application form, the INS may pick
If youve committed a crime that is not on any of up other clues during your interviewfor example,
the lists in the previous sections you are not auto- the INS officer may inquire about the immigration
matically barred from citizenship. But the INS can status of friends or family members.
still use its discretion to claim that your crimes dem- Not all INS interviewers are nosy. In fact, INS in-
onstrate your lack of good moral character. The INS terviewers often see cases where undocumented
considers such factors as whether anyone was in- family members live in the same house as the appli-
2/ 2 0 BECOMING A U.S. CITIZEN: A GUIDE TO THE LAW, EXAM AND INTERVIEW
cant, and they let the issue pass. Also, the INS has If you registered to vote or voted illegally and
not shown any pattern of arresting family members didnt realize at the time that you werent allowed to
whose undocumented status is revealed on citizen- vote, get a lawyers help. If youre lucky, your state
ship applications (though in light of recent terrorist may punish only those people who knew they were
activities and the U.S. response, this could change). voting illegally, rather than punishing those who
Again, as with all issues of moral character, see an voted through a misunderstanding of their rights.
immigration lawyer if in doubt. That will help with your citizenship application.
Also, the INS is developing new policy on this issue,
4. You Lied to Obtain Immigration and may in the the future be easier on people who
Benefits simply registered to vote without actually voting.
Example 1: Jurgen has been a permanent resi- immigration lawsits a case of the IRS and INS work-
dent since 1995. He worked repairing VCRs until ing together to make sure youve paid your taxes.
2002, when many consumers began buying new
VCRs rather than repairing the broken ones and 9. You Had a Drinking Problem
so he ran out of customers. Jurgen has three
Your citizenship can be denied if youve been con-
children. In early 2003 he took a trip to see his
victed of driving while under the influence of alco-
parents in Scandinavia. He hoped they would
hol or drugs (commonly referred to as a DUI or
help him out with some money, but they re-
DWI) or if you are or have been a habitual
fused. Soon after Jurgens return he signed up
drunkard.
for food stamps and other assistance. This
DUI is a crime, and the advice that we gave about
makes Jurgen deportablehe should see an at-
crimes in Section D1, above, applies here too: Get a
torney before applying for citizenship.
lawyer. The ordinary DUI case does not automatically
Many citizenship manuals dont mention this bar someone from establishing good moral character,
perhaps because the INS rarely seems to invoke this but since the INS takes a very dim view of DUIs, you
part of the law. Also, many people can take advan- have to present strong evidence that youve reformed
tage of an exception built into the law, stating that if and have many positive character traits in order to
the cause of needing the welfare arose after your convince the INS that you deserve citizenship.
last entry, youre safe from deportation. On top of this, a few additional circumstances can
turn an ordinary DUI case into something far more
7. You Havent Paid Court-Ordered Child serious. For example, in some parts of the United
Support States, the INS considers DUIs to be crimes of vio-
lence, if committed recklessly or intentionally. In
If you have refused to pay court-ordered child sup- these situations, a DUI may escalate to an aggravated
port, you are barred from receiving U.S. citizenship felony and become a permanent bar to citizenship.
and should consult with a lawyer before applying. Its not a crime to be a habitual drunkard, but if
The lawyer may be able to show that you didnt re- the INS decides that youve made a lifestyle of
ally refuse to pay child support, but simply couldnt heavy drinkingfor example based on arrests for
pay for reasons beyond your control. disorderly conduct or domestic violence or by ask-
A second possibility is for the lawyer to help you ing for a doctors reportyou will have to demon-
prove to the INS that the good side of your character strate that youve gotten over your drinking problem
outweighs the bad. In that case, however, youll have in order to qualify for citizenship.
to wait for the same amount of time that you are re- If youve had drinking problems but have gotten
quired to have been a permanent resident before ap- over them, wait from the date of your last drink un-
plying for citizenship (five years for most people), til the number of years youre required to have held
and the clock wont start ticking until the date of permanent residence have passed to apply for citi-
your last failure to send a child support check. zenship. Also, be prepared to show the INS that you
took steps to address the problem, such as consult-
8. You Havent Paid Income Taxes ing with a doctor or successfully completing a treat-
Unless you qualify under an exemption, you are re- ment program.
quired to pay U.S. income taxes. If you havent paid
them during any one of the required years of perma- 10. You Abused Drugs
nent residence leading up to your citizenship applica- If you have abused or been addicted to illegal drugs
tion, see a tax accountant or attorney before going any at any time since coming to the United States, you
farther. Youll need to pay any back taxes and clear are barred from U.S. citizenship and could be de-
your record with the Internal Revenue Service before ported. You do not have to have been arrested or
the INS will grant your citizenship. This is not in the convicted to fall into this category. In the eyes of the
INS, trying an illegal drug more than once is abuse.
2/ 2 2 BECOMING A U.S. CITIZEN: A GUIDE TO THE LAW, EXAM AND INTERVIEW
This hasnt been named as a permanent bar to citi- military. If you havent registered, and youre
zenship, but its temporary nature wont help you younger than 26, see subsection a, below. If youre
much if youre placed in deportation proceedings older than age 26, see subsection b, below.
so see a lawyer if you have a history of drug use or
if you are addicted to drugs. a. Youre Younger Than 26
Of course, if youve been arrested for a drug
If you didnt register for the Selective Service, and
crime, youve got a separate problem and should
youre not yet age 26, its not too latepick up the
already be looking for a lawyer.
registration form at a U.S. Post Office, fill it out and
submit it.
11. You Believe in Polygamy
In certain cultures and religions, polygamythe b. Youre Older Than 26
practice of taking multiple husbands or wivesis
If youve passed age 26, its too late for you to regis-
considered acceptable and normal. However, it is
ter for the Selective Service. Your chances of quali-
illegal in every U.S. state and if you have committed
fying for U.S. citizenship depend on how many
or believe in polygamy you are barred from receiv-
years have passed and how strict your local INS of-
ing U.S. citizenship.
fice isthey vary from sympathetic to unyielding.
Even if you have only one spouse now, the INS
Nevertheless, many young men are able to show the
will deny citizenship if it believes you intend to en-
INS that they had no idea that registering was ex-
ter into additional marriages later. In other words,
pected of them, using a combination of:
what you believe is as important as what you do.
a Status Information Letter from the Selective
On the other hand, if you accidentally married a
Service System (subsection i),
second personfor example, you incorrectly be-
your sworn declaration (subsection ii), and
lieved that your divorce was final when you remar-
where appropriate, sworn declarations from
riedyou are not barred under this rule. See an at-
people who knew you (also discussed in subsec-
torney if you think the INS might doubt your inten-
tion ii).
tions, particularly if you come from a religion or cul-
ture in which polygamy is an accepted practice. i. Obtaining a Status Information Letter
Youll have trouble claiming ignorance of the any crimes based on your beliefs, separate bars may
registration requirement if If you got your apply. See I.N.A. 313, 8 U.S.C. 1424.)
green card through the amnesty program in the 1980s, There are exceptionsfor example, you were too
or if you got your green card more recently, during or young to understand, your involvement was against
after the year 2001, youll have a harder time claiming your will or without your understanding of the
ignorance of Selective Service registration. In both groups true aimsbut in general, youre facing an
cases, participants were alerted as to the registration uphill battle if the INS suspects you of support for,
obligation or were registered automatically. or involvement in, such a group.
If you know you may be suspected of such in-
When explaining your failure to register, in- volvement, get the help of an immigration attorney
clude your sworn statement and any additional before you apply for citizenship.
letters with your citizenship application. Prepare these
documents no matter how old you are noweven 15. Youve Done Something That Society
though the INS is far more likely to deny your citizen- Frowns Upon
ship if five years or less has passed since your failure to
If youve done something that an INS officer might
register.
consider bad, even if its not listed in the law and
mentioned in this book, you can still be denied citi-
13. You Deserted or Avoided the U.S. zenship. This vague standard is not commonly used
Military During Wartime to deny citizenship and INS officers rarely ask pry-
ing personal questions.
If, during wartime, you deserted from the U.S. mili-
In general, living with someone outside of mar-
tary, left the United States in order to evade the draft
riage, having a child out of wedlock or with a per-
or asked to be exempted from service based on be-
son other than your spouse or engaging in homo-
ing a non-citizen, you are permanently ineligible for
sexual relationships are not a basis for denying citi-
U.S. citizenship. See I.N.A. 314, 315; 8 U.S.C.
zenship. So dont be fearful about your personal life
1425, 1426. If you believe you might fit into this cat-
just because conservative members of society might
egory, see an immigration lawyer before going any
frown on your actions. But keep in mind that when
farther with your application.
your personal behavior harms othersfor example
incest, prostitution or having sex with minorsthe
14. Youve Been a Communist, a INS is more likely to find bad moral character.
Totalitarian or Opposed the U.S. For example, one INS officer barred an applicant
Government from citizenship for having an extramarital affair that
If, during the ten years before you apply for citizen- destroyed an existing marriage. Another officer
ship, you were involved in or advocated certain po- barred an applicant who sold liquor illegally in a
litical activities, you are automatically (though not restaurant.
permanently) barred from receiving U.S. citizenship. In summary, you should primarily be concerned
More specifically, if youve shown support for activi- about anti-social behavior if an INS officer believes
ties involving anarchism (you oppose rule by gov- that your actions will harm others.
ernment or law), world communism, totalitarianism,
the overthrow of the U.S. government or violence 16. Showing Your Good Side
against the officers or property of the U.S. govern- As your grandmother may have told you, everyone
ment, whether in the United States or abroad, you has some goodness inside of them. The INS recog-
face a serious problem getting citizenship. (After ten nizes this, too. So, if youve done anything that you
years have passed from your date of involvement, think an INS officer might take as a bad sign (and
this bar no longer appliesthough if you committed youve made sure the issue doesnt require a
ARE YOU ELIGIBLE FOR U.S. CITIZENSHIP? 2/ 2 5
Pat Pennyroyal
Pat Pennyroyal
P.T.A. President
Once youve gathered these written materials, 2. Waiving the English Requirement for
you should include copies of them with your Disability
citizenship application packet.
If you have a physical or mental disability that pre-
vents you from learning Englishfor example, an
ailment that requires regular medication making you
E. English Language Skills severely drowsy, a developmental disability or deaf-
To qualify for citizenship, you must have an under- nessyou may qualify for a waiver of the English
standing of the English language, including an ability requirement. In such a case, you would be allowed
to read, write and speak words in ordinary usage to have the citizenship interview done in your native
. I.N.A. 312(a)(1), 8 U.S.C. 1423 (a)(1). Youll language.
need to demonstrate your English skills at your citi- You cant just request this waiver; your doctor
zenship interview. To more fully address this topic, must fill out a form explaining your disability and
and to help you prepare for the exam, weve devoted why it prevents you from learning English. We cover
a separate chapter to itsee Chapter 5. The INS rec- the precise procedures for requesting this waiver in
ognizes that age and physical disabilities can affect Chapter 7.
your ability to learn English and permits various
waivers of the English requirement, discussed below. Special Exam Waivers
for Laotian Refugees
1. Waiving the English Requirement for
For a limited time, certain refugees from Laos will
Advanced Age
be able to request that their naturalization inter-
Two separate rules allow older people to avoid the view be conducted in their native language and
English requirement. If youre older than age 50 and that they be permitted to take an easier form of
have lived in the United States as a green card the U.S. history and government exam (the same
holder for at least 20 years, you can have the entire one offered to 65-year-old applicants, as de-
citizenship interview conducted in your native lan- scribed in Section E1, above).
guage. (This is commonly known as the 50/20 This law applies to Laotian refugees who
waiver.) Your 20 years of residence do not need to fought in Laotian-based military units in support
have been continuousif youve been away for of the U.S. from 1961 to 1978. It also applies to
short periods (less than six months at a time, to be their spousesprovided they were married when
safe), thats okay, so long as your total time living in refugee status was soughtand to their widows
the United States reaches 20 years. if the qualifying veteran died in Laos, Thailand or
The second ruleknown as 55/15 waiverap- Vietnam.
plies as follows. If youre older than age 55 and You will need to provide supporting documen-
have lived in the United States as a green card tation and will have until May 26, 2003 (or No-
holder for at least 15 years, you can have the citi- vember 1, 2003, if youre the widow of a veteran),
zenship interview and exam conducted in your na- to submit your application for citizenship in order
tive language. Your 15 years do not need to have to take advantage of this law. For details, go to
been continuous. the INS website (www.ins.gov). Click Immigra-
To avoid delays, make sure the interviewer knows tion Services and Benefits, then Naturalization,
in advance you are requesting a waiver and whether then Eligibility and Testing then Hmong Veter-
you need an interpreter. Mention this in your cover ans Naturalization Act of 2000.
letter and write 50/20 or 55/15 in big red letters
at the top of your application form. There will still
be plenty to cover at your interview. In Chapter 8,
we discuss what happens at the interview.
ARE YOU ELIGIBLE FOR U.S. CITIZENSHIP? 2/ 2 7
F. The U.S. History and Government 1. The 65/20 Exception for Applicants of
Exam Advanced Age
In order to become a U.S. citizen, you must pass a If you are older than age 65 and have lived in the
test showing your knowledge and understanding of United States as a permanent resident for at least 20
the fundamentals of history, and of the principles years (these dont need to be continuous years) you
and form of government, of the United States. can take an easier version of the history and govern-
I.N.A. 312(a)(2), 8 U.S.C. 1423(a)(2). As a practi- ment exam. This is commonly referred to as the 65/
cal matter, this means youll have to memorize the 20 exception. You will only have to study 25 ques-
answers to 100 potential questions. We give you all tions. Youll be asked ten of the questions and will
the possible questions, and help you prepare for need to answer six correctly in order to pass. For
them, in Chapter 6. more information on these questions, see Chapter 6.
At your interview, the examiner will choose ten Your 20 years of U.S. residence dont need to have
questions from the 100 to quiz you on. To pass, been continuousif youve been out of the country
youll need to answer six out of ten questions cor- for short periods (less than six months at a time, to
rectly. be safe), thats okayso long as your total time here
There are some people who, for reasons of age reaches 20 years.
or disability, will find it nearly impossible to learn If you qualify for the easier exam, you automati-
the answers to these questions. See Section F1 for cally qualify to avoid the English language require-
information on age-related waivers and Section F2 ment as well. Alert the INS in advance as to which
for information on disability-related waivers of the waivers you are claiming in your cover letter. Also
exam requirement. write 65/20 in large red numbers at the top of
your application form.
Older than age 50, with 20 Allow you to take the citizenship test Alert the INS in your cover
years permanent residence and interview in your own language letter and write 50/20 on
top of your Form N-400
Older than age 55, with Allow you to take the citizenship test Alert the INS in your cover
15 years permanent residence and interview in your own language letter and write 55/15 on
top of Form N-400
Older than age 65, with 20 Allow you to take a modified version Alert the INS in your cover
years permanent residence of the citizenship test, with fewer letter and write 65/20 on
possible questions; and allow you to top of Form N-400
take the test and interview in your own
language
Physically or mentally Make special accommodations for your Mention any needed accommo-
disabled interview, and/or allow you to avoid dations in your cover letter. Fill
the citizenship test and/or have the out the appropriate box(es) on
interview done in your own language your Form N-400. For waivers
of the English language or
history exam, have your doctor
fill out Form N-648.
G. Loyalty to the U.S. You can, however, still have a sentimental fond-
ness for your home country.
Several questions on the citizenship application re-
Youll also be asked whether youre willing to
flect the INS rules requiring that you be attached
take the Oath of Allegiance (shown below) to the
to the principles of the Constitution and be favor-
United States during the swearing-in ceremony
ably disposed to the good order and happiness of
that formally makes you a citizen. In addition, youll
the United States. 8 C.F.R. 316.11(a). This means
be asked whether youre willing to serve in the U.S.
that you should:
armed forces (in a combat or non-combat role) or to
not be hostile to the U.S. form of government
perform work of national importance under civilian
believe in representative democracy
direction when required by the law.
believe in the ideals of liberty and equality
Its best if you can simply answer yes to all of
among people described in the Bill of Rights
these questions. However, if you have legitimate
portion of the Constitution, and
concerns over taking the Oath of Allegiance or serv-
believe that political change should only be car-
ing in the U.S. military, review the sections below.
ried out in a peaceful manner and in accordance
with the law.
ARE YOU ELIGIBLE FOR U.S. CITIZENSHIP? 2/ 2 9
Are you at least 18 years of age? (See Section Can you pass an exam in U.S. history and gov-
C.) ernment (unless you fall into a group that can
Have you behaved in a way that shows your request a waiver of this requirement)? (See Sec-
good moral character during your required tion F.)
years of permanent residence? (See Section D.) Are you attached to the principles of the U.S.
Can you speak, read and write English (unless Constitution and willing to swear loyalty to the
you fall into a group that can request a waiver United States? (See Section G.)
of this requirement)? (See Section E.)
C H A P T E R
exam requirements, furnish INS Form N-648, B. Preparing Your Cover Letter
filled out by your doctor (see Chapter 7), and
Including a cover letter with your citizenship appli-
Any other items applicable to you as recom-
cation is not required, but its a good idea. You can
mended elsewhere in this book and denoted by
use the letter to list whats in your application, mak-
the application reminder iconsfor example, a
ing it easier for the INS to understand and organize
sworn explanatory statement if youre a male who
your file. And the cover letter reminds you to in-
forgot to register for the Selective Service or a let-
clude everything. The cover letter is also a good
ter from your church if youre a Jehovahs Wit-
place to advise the INS of any special circumstances
ness who cant swear the full Oath of Allegiance.
in your casefor example that youre claiming a
right to apply early based on an exception, or that
How to Renew or Replace a Green Card youre requesting a waiver of the exam requirements
based on age or disability.
Its possible your green card has expired or been The cover letter provided below covers the basic
lost. That doesnt mean that youve lost your per- circumstances that apply to all applicants. Use it as a
manent residence, but its best to get a new green starting point, and if you determine that special cir-
card before applying for U.S. citizenship. A few cumstances exist in your case, mention these in the
INS offices will allow you to apply without your letter as well.
green card but most are not so accommodating. In
You cant over-advise the INS. Even with a
any case, the law requires you to carry your green
cover letter, the INS frequently fails to notice
card with you at all times until youre a citizen. In
important circumstances in applicants casesand
these security-conscious times, its likely that
therefore may not be adequately prepared for your in-
youll be asked for your card by the INS, police or
terview. For example, people whove asked to take the
airport authorities.
interview in their own language often find that the INS
To renew or replace your green card, obtain
didnt notice, and didnt arrange for an interpreter.
INS Form I-90 from the INS website or by calling
Thats why its also important to follow any instructions
800-870-3676. Follow the instructions that come
weve given you in this book about writing things in red
with the form.
pen on the top of the Form N-400. Bolding or highlight-
ing important parts of your cover letter is also a good
idea.
[Address of INS Service Center; see Section D4, Form N-400 is available as a tear-out in the Ap-
below, for the one serving your geographic region.] pendix, by telephone at 800-870-3676 and on
the INS website. You can print out or photocopy the
Dear Sir or Madam:
official version for your use.
Enclosed please find my application for natural-
Before you fill out the form, read the general tips
ization, including the following items:
in Section C1, below. Then, once youve got a copy
Form N-400 of Form N-400 in hand, follow the line-by-line in-
structions in Section C2 on how to fill it out.
Application and fingerprint fees, totaling $___
Youll find instructions and links for both the fillable was far behind her. On Saritas citizenship appli-
and the non-fillable versions of the form. After you cation, she answers no to the questions about
fill out the form you can print it, but you cannot whether shed ever been arrested or convicted
save the data. So, dont turn off until youve printed for a crime. The INS officer notices that this
the form properly. Otherwise youll have to start all doesnt match the information on her green card
over again at your next session. application and because of her lie, he denies
Saritas citizenship application on the grounds
b. Inapplicable Questions that she lacks good moral character. Sarita must
wait for her full period of required permanent
If you know that a question on Form N-400 doesnt
residence (in her case, five years) to rebuild her
fit your situation, write N/A (not applicable) or
moral character before reapplying.
none rather than leaving the space blank. If youre
not sure how or whether to answer a question, con-
You can request a complete copy of your immi-
tact an attorney.
gration file from the INS. If youve misplaced
copies of your previous immigration applications, you
c. Tell the Truth
can get your file by downloading INS Form G-639 from
Lying to the INS can get you in bigger trouble than the INS website or calling 800-870-3676. Send the
the problem you are lying about. When an INS of- completed form to your local INS District Office. (You
ficer discovers that youve lied, hell not only be- can locate the address for your local office at the INS
come angry, but you might have your citizenship website.)
application denied on moral character grounds, no
matter how minor the lie. Even if undetected at your Of course, if youve found a harmless error in a
interview, a lie can result in your citizenship being previous applicationsuch as a misspelled name or
revoked if the INS finds out about it latereven a wrong addressdont feel you have to stick to it.
many years later. Insert the correct information on your citizenship
If you are torn between hiding and disclosing in- application, but be prepared to explain the error
formation on the form, now is the time to see a law- and provide evidence of the true situation.
yer. An attorney can advise you how to complete
the form honestly and protect your interests. e. Use Extra Pages If Needed
In a few places on Form N-400, you may need more
d. Be Consistent With Previous INS space for your response. In that case, attach a sepa-
Applications rate piece of paper and write Please see Attach-
ment in the appropriate space on the form. At the
Pull out other applications or paperwork that youve
top of each attachment page, print your name, your
submitted to the INS and double-check that the in-
A-number and the words Attachment to Form N-
formation youre providing now matches what
400. Then indicate which question(s) from which
youve stated in previous applications. Failure to do
Part(s) of the form youre answering. If you need
this could lead to trouble.
more than one attachment page, add page numbers
Example: When Sarita applied for her green to them as well.
card in 1995, she was 17 and had a juvenile
conviction for shoplifting. She mentioned the 2. Line-by-Line Instructions for Form N-400
conviction on her green card application, but
To follow the instructions in this section, youll need
since the INS doesnt ordinarily count juvenile
to have a copy of Form N-400 in front of you. (Tear
arrests against applicants, Sarita got her green
or copy it from the Appendix or get a copy from the
card. After becoming an adult, Saritas juvenile
INS.) Below, well go through the form, question by
record was sealed, and she figured the matter
question.
3/ 6 BECOMING A U.S. CITIZEN: A GUIDE TO THE LAW, EXAM AND INTERVIEW
Part 1. Your Name have you fill out a form called a Petition for Name
Change during your interview.
Question A. Your current legal name. Enter your
full name. If your name has changed during your For information on changing your name in Cali-
lifefor example, because of adoption, marriage or fornia, see How to Change Your Name in Cali-
a court-ordered name changeinclude legal docu- fornia, by Lisa Sedano (Nolo).
mentation as proof.
The judge will not approve your name change if:
Question B. Your name exactly as it appears on
You changed your name for fraudulent reasons,
your Permanent Resident Card. This question serves
such as to escape capture for a crime or to avoid
to match your application to your green card, so
paying a debt.
copy your name exactly as it appears on your green
Your new name interferes with someone elses
card, even if there are mistakes or your name has or
right to a name, particularly a famous person,
will be changed.
such as Bill Clinton or Cher, or of a company,
Question C. If you have ever used other names,
such as Charles Schwab.
provide them below. Here you should provide alter-
Your name is intentionally confusing, such as
nate versions of your name as well as names by
P.O. Box 2000 or Boeing Jet.
which youve been commonly known. For example
Your name is threatening, obscene or likely to
if your legal name is Alexander but your nickname
incite violence. Beat U. Up, for example, is not
is Sasha and it appears on some of personal records
likely to be allowed.
and documents, mention Sasha on this part of the
application. If, however, only your mother or a few
friends affectionately call you Sasha, then you dont Part 2. Information About Your Eligibility
need to enter it here. If you arent sure, go ahead Check the box indicating the number of years of
and include the nickname or alternate name, to be permanent residency you are required to have com-
safe. pleted. Most people check box A, (five years of per-
Question D. Name change. If youve wanted to manent residence). However, some applicants (for
change your name, this may be your chance. You example, spouses of U.S. citizens or people in mili-
can legally change it without any extra court proce- tary service) will check a different box indicating
dures by simply filling in your chosen new name on they qualify for an exception to the five-year rule.
the form. However, theres one catch. This service is Refugees and those who obtained political asylum
only available at INS offices where the swearing-in should check the first box (five years of permanent
ceremonies are held in a courtroom, presided over residence). Although they are permitted to credit
by a judge, not an INS officer. Contact your local some of their years as a refugee or asylee toward
INS office and ask if a judge performs the ceremony, the five-year requirement, they arent exempt from
or wait until your INS interview and ask the officer the requirement itself, as discussed in Chapter 2,
who will preside. If youre in luck, the officer will Section A3.
SkylineChicago, Illinois
PREPARING AND SUBMITTING YOUR APPLICATION 3/ 7
Part 6. Information About Your Residence and gather a wide range of information and decide what
Employment to do with it later. You may have one of three con-
cerns:
Here, you must provide information about where
What happens if youve divorced the person
you worked and lived for the last five years. If you
who was the basis for getting your green card?
cant remember an exact address from years past,
What happens if you reveal that your spouse is
enter as much information as you can remember. If
living in the United States illegally? and
you had periods of unemployment, unpaid work,
Why does the INS need to know about your and
self-employment or taking care of home or children,
your spouses previous marriages?
list these too. (Be specificdont just write none
Divorce. Some people worry that if they got their
in the employer box.) Include time spent working
green card through marriage, but have since di-
here illegally before you got your green card, if any
vorced, they wont qualify for citizenship. As long as
(but make sure that it matches the information on
your marriage wasnt a sham (meaning the whole
your green card application forms).
purpose of the marriage was for you to get a green
card), your divorce should not pose an obstacle to
Part 7. Time Outside the United States citizenship. However, the INS may ask some addi-
As discussed in Chapter 2, Section B, youll need to tional questions to double-check that your marriage
prove that you spent the required minimum amount wasnt a sham.
of time in the United States in the years before your To be ready for these questions, review the mate-
citizenship application and that your visits outside rial in Chapter 1, Section A1.
the United States didnt last too long. Undocumented spouses. Another concern for ap-
Copy this information from the box you filled out plicants is listing a spouse who has no legal status in
in Chapter 2, Section B, under Tallying Your Time the United States. As you can see on the form, ques-
In and Out of the United States. If you cannot de- tion E3 specifically asks for your spouses immigra-
termine the information, put down as much as you tion status. If your spouse has no status at all, you
can. For example, some people may write in the must simply write none in the box for question E3.
space (or on an attachment page) something like, I If you have filed applications with the INS to help
crossed the border into Mexico to spend time with your spouse immigrate, then you can write pend-
my mother approximately once a month for the last ing in the box (meaning that your spouse is await-
five years. Most of my visits were three days long, ing his or her green card or other status). Histori-
except for visits at Christmas which usually lasted cally, the INS has not used this information to try to
one week. track down spouses living here illegally. The INS
officer may, however, question you as to whether
Part 8. Information About Your Marital you helped smuggle your spouse into the country
History see Chapter 8 for details.
Previous marriages. One of the main reasons that
The first question in Part G asks How many times
the INS asks about previous marriages is to make
has your current spouse been married? Many appli-
sure that you arent married to more than one per-
cants wonder whether their current marriage counts
son and that your current marriage is valid. Some
in adding these up. The answer is yes: If, for ex-
people discover that their or their spouses divorce
ample, your spouse has been married once before,
wasnt legally final until after their current marriage
youll need to answer two here. (This makes sense
took placeor even that they are married to two
when you realize that, if you didnt add your current
people at the same time. Being intentionally married
marriage to the count, anyone whose spouse had not
to more than one person is polygamy, which the
been married before would have to answer zero.)
INS considers as a sign of bad moral character. Even
Information about marriages may not be relevant
if the double marriage was an accident, it can create
to all citizenship applications, but the INS prefers to
a problem if you got your green card as a result of
PREPARING AND SUBMITTING YOUR APPLICATION 3/ 9
your recent marriage. Applying for citizenship will On Question B, Affiliations, dont fear listing your
give the INS a chance to discover this problem and membership in community organizations such as a
could result in the loss of your green card. If you social club, church group, volunteer corps or other
find yourself in one of these situations, see a lawyer. volunteer group. These memberships demonstrate
you have good moral character. Not so, if you be-
Part 9. Information About Your Children long to a group that advocates world communism,
violence, terrorism or other perceived dangers to the
As indicated in the INS instructions, you must list
United States. If you belong to a controversial
ALL of your children, whether they are:
group, consult with a lawyer before going farther.
alive, missing or dead
See Chapter 2, Section D14, for more on the effects
born in other countries or in the United States
of such group memberships on your citizenship eli-
younger or older than 18 years
gibility.
married or unmarried
Question G. Selective Service. Here, you must
living with you or elsewhere
indicate whether you are a male who got your green
stepsons or stepdaughters not legally adopted, or
card before or between the age of 18 and 26. If you
born out of wedlock.
are, you were required to register for Selective Ser-
Carefully comply with this instruction, as it may
vice, a list kept in preparation for a U.S. military
help one of your children immigrate to the United
draft. See the full discussion of this requirement in
States later. If you fail to mention a child on your
Chapter 2, Section D12. If you answer Yes here,
citizenship application, then come back later with a
you must either register with the Selective Service
petition to immigrate that child, the INS may suspect
now (which you can only do if youre younger than
that youre just trying to help someone elses child
age 26) or attach a statement explaining why you
immigrate.
didnt register. We provide a sample statement in
Chapter 2.
Part 10. Additional Questions
Question H. Oath Requirements. Here, you must
These questions relate to your eligibility for citizen- show that youre loyal to the United States and will
ship, focusing in particular on your moral character fight for it if necessary. If you are a conscientious
and the amount of time youve lived in the United objector, meaning that for religious or moral reasons
States. (To review eligibility requirements, see Chap- you refuse to take up weapons or join in a war, an-
ter 2.) Notice that in Part D, the questions regarding swer no to Question H.37, which asks whether
your criminal history are very broadso broad that youll bear arms for the United States. If your beliefs
youll even need to disclose any traffic tickets that would prohibit you from providing any support to a
youve received, although traffic tickets will not or- war effort, answer no to Question H.38, which
dinarily disqualify you from citizenship. Neverthe- asks whether youre willing to provide noncomba-
less, if your answer to any of the questions is yes tant services, (As covered in Chapter 2, Section G,
(with the exception of Questions B, G and H, dis- youll need to attach proof of your conscientious ob-
cussed below) theres a risk that your application jector status.)
could be denied. See a lawyer before going farther. If youre a member of a religion that prohibits
taking any sort of oath (for example, the Quakers
Dont guess! If you arent sure how to answer
and the Jehovahs Witnesses fall into this category),
one of these questions, see a lawyer. For ex-
answer no to Question H.36but you must pro-
ample, if a department store once accused you of shop-
vide a letter from your church or other religious
lifting and you went to court, but you dont remember
body confirming your membership. (Include this let-
whether you were convicted or not, since you didnt
ter when you send in your citizenship application.)
actually serve any jail time, a lawyer could help clarify
matters. Incorrect answers on this set of questions can
have devastating consequences, including denial of
citizenship or deportation.
3/ 1 0 BECOMING A U.S. CITIZEN: A GUIDE TO THE LAW, EXAM AND INTERVIEW
Part 11. Your Signature Make sure youre not applying too early. If you
havent already done so, read Chapter 2, Section
If possible, sign your name in cursive, not printed
A, to determine when you are eligible to file your citi-
letters. Cursive means a flowing style, usually
zenship application. Most applicants must wait four
slanted to the right, where the letters are connected:
years and 275 days (five years minus 90 days) from
it looks like this: Vida Karalis, rather than this: Vida
when they were granted lawful permanent residency,
Karalis.
but there are some exceptions (as discussed in Chapter
2). Calculate the days to avoid filing early. If you sub-
Part 12. Signature of Person Who Prepared
mit your application earlyeven one day too early
This Application for You the INS will send it backsometimes waiting weeks or
If a lawyer, paralegal or other preparer completes months before doing so.
this form for you, that person must sign this section.
If you completed the form on your own, however,
or if you received some advice or assistance from a 1. Using the Checklist for Citizenship
friend, neither you nor your friend need to complete Packet
this section. Use the checklist below when preparing your appli-
cation. Attach a copy to the file folder or envelope
Parts 13 and 14. Signature and Oath in which youre collecting the various items, and
You wont fill these out until your interview. Look mark off each box as you add the item. That way,
again at the instructions under Part 11, above: The youll ensure that nothing is left out.
officer may require you to sign your name in cur-
sive. If youre not used to writing in cursive, practice Checklist for Citizenship Packet
this until you can do it smoothly.
cover letter
D. Submitting the Application INS Form N-400
After youve filled out your Form N-400, obtained application fee
your photos and assembled the materials described two photos, INS style
in Section A, youre almost ready to send your appli-
photocopy of your green card
cation.
Here are some final suggestions: if youre applying earlier than five years
See our suggestions in Section D1, below, to en- on the basis of an exception, proof that
sure you have included everything in your appli- youre eligible
cation packet. Forgetting something probably
if youve been in the U.S. military, INS
wont disqualify you from citizenship, but it
could delay the process.
Form N-426, Request for Certification
Take precautions against your application being of Military or Naval Service, and INS
lost, as discussed in Section D3, below. Form G-325B, Biographic Information
Be careful about where you mail your applica- if youre requesting a waiver of the test-
tionnot all INS offices are authorized to accept
ing requirements based on disability,
citizenship applications. Dont waste your time
Form N-648, filled out by your doctor,
trying to walk it in to the INS office in your city.
Youll need to mail it to the INS Service Center and
listed in Section D4, belowand Service Centers any other items applicable to you as
never take walk-ins. recommended elsewhere in this book.
PREPARING AND SUBMITTING YOUR APPLICATION 3/ 1 1
2. Asking for a Fee Waiver If Youre a. Public Benefits Recipients: What Youll
Receiving Government Benefits Need to Prove to Qualify for a Fee Waiver
No question about it, applying for citizenship is ex- If you provide proof that youre receiving need-
pensive: $260 for the application and $50 for finger- based public benefitssuch as SSI, food stamps,
prints. If your income is below the federally estab- Medicaid or Temporary Assistance for Needy Fami-
lished Poverty Guidelines and you cant come up lies (TANF)youll improve your chances of getting
with this amount, the INS offers an alternative: You your fee waiver approved. Based on your proof of
can make a written request to be excused from pay- public benefits, the INS will presume that your in-
ing the fee (a fee waiver). come level is below the federal Poverty Guidelines
Most attorneys recommend against using the and wont ask you to provide extensive documenta-
waiver at all unless its absolutely necessary. The tion demonstrating your income and assets.
paperwork is lengthy and complicated. You must However, its not enough to show the INS that
prepare a monthly budget of all your income and you are receiving public benefits. You must also
expenses, an explanation of your living arrange- prove to the INS that your benefit check barely cov-
ments, a list of your assets and moreall with sup- ers your monthly expensesif it covers them at all.
porting documents. Some people manage to live comfortably within the
After all your trouble, the INS may deny your re- limits of their benefit check. Other people find that
quest if the agency is convinced that your expenses their check disappears all too quicklyfor example,
are inflated or unrealistic, or youre spending money because of family demands or medical expenses.
on so-called luxuries (items not necessary for your How to supply this proof is covered in subsection b,
survival). In these cases, the INS may advise econo- below.
mizing and saving up for a few more months to pay
the fee. After all, no one is forcing you to apply for b. Documents to Include in Your Fee Waiver
citizenship right now. Also keep in mind that a little Request
mistake could raise suspicions of lyingwhich
As a public benefits recipient, you should include
could destroy your chances of obtaining citizenship.
the following information in your fee waiver request
As if these reasons werent enough, your request
and attach any documentation to your citizenship
may be reviewed by an INS officer who, consciously
application:
or subconsciously, judges people based on their in-
an explanation in your application cover letter
come. The INS cannot use poverty as the basis for a
(see Section B, above)
bad moral character judgmentbut an officer may
a photocopy of your benefit check or other evi-
ask unpleasant questions if, for example, he believes
dence that youre receiving assistance
that youre refusing to get out and find a job.
your sworn statement stating why youre re-
If you must apply for a fee waiver, you have two
questing the waiver (see sample below), and
choices:
your estimated monthly budget, detailing your
If you are receiving need-based public benefits,
income and expenses (see sample below).
see our instructions in subsections a and b, be-
low. Write Fee Waiver Requested in red letters on
If youre not receiving public benefits, seek help the top of your Form N-400. This helps to alert
from a legal services agency serving immigrants the INS as to your waiver request and may prevent your
and refugees, as discussed in Chapter 10. application from getting bounced back with the INS
claiming you forgot to pay.
3/ 1 2 BECOMING A U.S. CITIZEN: A GUIDE TO THE LAW, EXAM AND INTERVIEW
You cannot use UPS, Federal Express or other Copies of documents submitted are exact photo-
private delivery services to send your INS appli- copies of unaltered original documents, and I under-
cation to a post office box. In other words, you must stand that I may be required to submit original
use the U.S. Postal Service unless your area is served by documents to an immigration official at a later date.
the Vermont Service Center (see Section D4, below).
Signature
By taking these steps, youll have the evidence Typed or Printed Name
you need to show the INS that it was its fault that a
file was delayed or mislaid. In some cases, the INS Date
will rely on your own photocopies to proceed with
your application.
4. Where to Mail Your Application
You are required to mail your application to an INS
c. Dont Send Something If You Want It Back
Service Centera large processing facility that will
You may have to include personal documents with handle your file until its turned over to an INS of-
your application. Dont send originals of important fice near you for your interview. The table below
documents such as marriage certificates or green lists the addresses of INS Service Centers, including
cards to the INS. You run a serious risk of losing the appropriate post office boxes for citizenship ap-
them. The INS refuses to give any assurance that plications. Find the one serving the state where you
youll get your originals back. Photocopy any docu- live and send your application there.
ment (as long as the original is the official version),
and send the copy. Bring the originals to your inter- The following addresses are only for citizenship
view so the INS examiner will have a chance to applications. If you submit other applications to
view them. (If the INS makes a special request that the INS, such as visa petitions for family members, you
you mail the original, comply with the demand, but can find the correct addresses and post office boxes for
make copies for yourself first!) Add the following those applications at the INS website or by calling the
text on the front of the copy, if theres room: INS at 800-375-5283.
Arizona, California, Hawaii, Nevada, Territory of Guam INS California Service Center
or the Commonwealth of the Northern Mariana Islands P.O. Box 10400
Laguna Niguel, CA 92607-0400
Alaska, Colorado, Idaho, Illinois, Indiana, Iowa, Kansas, INS Nebraska Service Center
Michigan, Minnesota, Montana, Nebraska, North Dakota, P.O. Box 87400
Ohio, Oregon, South Dakota, Utah, Washington, Lincoln, NE 68501-7400
Wisconsin or Wyoming
C H A P T E R
A. Improving Your Eligibility for 1. Your Applications First Stop: The INS
Citizenship Service Center
Submitting your citizenship application is not like To be certain that your application got to the INS
turning in a final paper in schoolyou cant just go Service Center and was appropriately logged in at
out and celebrate and forget everything youve their mailroom, and to protect yourself against its
learned. Use this time wisely! Try to improve your being lost later, collect all of the following:
chances for citizenship by expanding your under- the certified mail receipt you included when you
standing of the English language (unless youre al- mailed your application (see Chapter 3, Section
ready fluent) and U.S. history and government. D; its a little green postcard that the INS will
Dont put off studyingand then fly into a panic sign and return when it receives your package)
when you receive your interview appointment no- your canceled check, and
tice. Two weeks is not enough time to cram an en- an official receipt notice that confirms that your
tire language and more than two hundred years of application has been logged into the INS system.
history into your head. Review Chapters 5 and 6 on The INS usually sends the receipt within six
preparing for the exam portions of your citizenship weeks of receiving your application. (A sample
interview. receipt notice is shown below.)
Also, keep in mind that all of the factors that af- If you do not receive the certified mail receipt
fect eligibility described in Chapter 2from avoid- within 14 days of mailing, check with the U.S. Postal
ing long trips outside the United States to staying Service to track your package and determine if it
out of legal troublealso apply during the months was lost in the mail. If it was, youll have to mail a
leading up to your citizenship interview. In fact, new application. This is probably the least of your
they continue to apply after your interview and until worries, howeverthe important thing is to get your
the day you are sworn in as a U.S. citizen. See 8 hands on the postal receipt so that you can later
C.F.R. 316(a)(2). show it to the INS if it loses your application.
Next, keep an eye on your bank statements to see
when your check has been cashed. When it has
B. Tracking Your Application and been, make a copy and put it in your personal citi-
Dealing With Delays zenship fileit will also be useful if the INS loses
your application. If weeks or months go by and the
After you file your application, you will want to bank doesnt indicate that your check has been
know: cashed, it may not be a problemsometimes the
whether it successfully made it into the INS sys- INS is slow to cash checks. However, if you dont
tem (discussed in Section B1(a), below), and also get an INS receipt notice, the lack of a cashed
whether there has been an unreasonable delay check will help confirm your suspicion that the INS
getting your interview or fingerprinting appoint- has lost your application. Below we discuss what to
ments (see Section B1(b), below). do if the INS takes an unusually long time to send
Let us warn you now: Delays are almost guaran- you your receipt notice and what to do if the INS
teed. Not only are the INSs normal waiting peri- says that elements of your application are missing.
ods absurdly long, but their inadequate computer
technology and high rate of departing employees
a. Delayed Receipt Notices
means that stacks of files often drop out of sight al-
togetheronly to reappear when applicants com- You may be surprised at how long it takes to get the
plain. The good news is that the INS seems to be official INS receipt notice. Although the INS aims to
trying hard to address this problem. Hopefully, by get these to applicants within six weeks, some ap-
the time you read this, the process will be moving plicants have lately waited as long as four months.
more quickly. Nevertheless, if you dont get your receipt notice
4/ 4 BECOMING A U.S. CITIZEN: A GUIDE TO THE LAW, EXAM AND INTERVIEW
BETWEEN FILING AND INTERVIEW: DEALING WITH THE WAIT 4/ 5
b. Incomplete or Lost Portions of Your the money order to find out whether it has been
Application cashed. Ask the company to send you a copy of the
cashed money order to prove to the INS that it did
If you receive an INS request for more documenta-
indeed receive your money. If you cant get a copy
tionsuch as photos or a missing documentgather
of the cashed money order, send the INS a copy of
whatever was asked for and get it in the mail as
your receipt and an explanation. Hopefully, the INS
soon as possible. Use the same precautions detailed
will stop bugging you for the money.
in Section B1, aboveinclude the notification form
Some applicants receive INS requests for things
as a cover sheetand make a copy for yourself.
that dont existproof of having paid child support,
What should you do if youre asked for some-
for example, even though the applicant has no chil-
thing that you know youve already sent? This is sur-
dren. This usually results from a processing error
prisingly commonin fact, an investigative report
for example, the INS officer issued a form letter and
by The Oregonian newspaper found that, With 25
forgot to cross off an item, or an INS officer didnt
million case files in storage, the INS misplaces tens
have an applicants complete immigration history
of thousands of files each year80,000 in 1998
available. If you receive one of these requests, write
aloneand leaves immigrants to resubmit applica-
a polite letter explaining why it is impossible to
tions and pay fees all over again. (From INS Bu-
comply with this request.
reaucracy, Blundering Create The Agency From
Hell, by Brent Walth and Kim Christensen, The Or-
c. Important Information on Your Receipt
egonian, Monday, December 11, 2000.) If the INS
requests something inexpensive or easy to produce, Notice
dont waste time arguingeven if you have photo- Carefully examine your receipt notice from the INS
copies proving that you already sent the item. As- Service Center. It contains some important pieces of
sume it has been lost and send another one. information, including an estimate of when youll
Lost checks or money orders are a different mat- attend your interview and your files application
ter. Do not send the INS another check or money number.
order until you find out what happened to the first The estimatein the main body of the noticeis
payment. If you sent a check and havent received a guess as to how long it will take for the INS to
information about it with your monthly bank state- schedule an interview with you. In the sample no-
ment, ask your bank to determine whether the tice in this chapter, youll see that one California INS
check has been cashed. If it has been cashed, get office had an estimated waiting period of 460
the check and send the INS a copy of both sides, so dayswell over a year! The estimate not only gives
that INS officials can see their own stamp and pro- you a rough idea of when youll attend your inter-
cessing number on the back. If the check hasnt view, but also a sense of when to start inquiring if
been cashed, send a new check, but make sure to your interview is delayed.
stop payment on the old check first. (Of course, the
The estimate on your receipt notice is not a
INS has been known to relocate lost checks even
guarantee. Dont be surprised if you must wait
after new checks have been sent, then attempt to
longer than the time originally estimated on your re-
cash the old ones and demand yet another set of
ceipt notice to get your interview appointment.
checks from applicants when the old checks
Your application numberits in one of the boxes
bounce. If avoiding delays is extremely important to
near the top of the receipt noticeis the number used
you, go ahead and give the INS an opportunity to
to identify your application throughout the Service
double-charge you, by not stopping payment on the
Centers processing. In the sample, the application
first checkbut we think this is a case where its
number starts with WSCfor Western Service Cen-
worth arguing it out with the INS.)
ter. Each Service Center has its own three-letter code.
If you sent a money order and kept the receipt
Include your application number in any follow-up cor-
with the tracer number, call the company that issued
respondence with the Service Center.
BETWEEN FILING AND INTERVIEW: DEALING WITH THE WAIT 4/ 7
2. Your Applications Second Stop: An involve filling out a form and waiting for the INS to
INS District Office respond in writing.
After you get your receipt notice from the INS Ser-
a. Your Fingerprint Appointment
vice Center, your case file will be transferred to your
local INS District Office. Unfortunately, the INS Within six months after youve submitted your appli-
wont notify you when this transfer happens. If your cation, the INS should send you an appointment no-
fingerprints or interview arent scheduled by the tice to have your fingerprints taken. (A sample fin-
normal time in your district, correspond with both gerprint appointment notice is shown below.) You
the Service Center and the District Office, as de- cannot submit a card with your fingerprints on them
scribed in subsection b, below. (as your friends may have done in past years); the
Usually within six months of your receipt notice, INS must fingerprint you in person. Your finger-
you will get your fingerprint appointment notice. prints will be sent to the FBI, which will summarize
Getting this notice is probably a sign that your case any criminal or immigration charges or convictions
has been transferred to the District Officebut its on your record.
not a sure sign. For more on the fingerprint appoint- Every applicant older than 14 and younger than
ment notice, see subsection a, below. 75 must provide fingerprints. If your fingerprints
Dont count on just checking in with the INS to cant be taken, perhaps because of skin conditions
monitor your applications progress. No matter or physical deformities, the fingerprinting officer
which office has your file, the INS generally refuses may waive this requirement and ask you to supply
to respond to inquiries until youve waited past the local police clearance statements instead. Youll
normal processing timenormal, unfortunately, have to go to the appointment and let the officer
tends to be many months. Among the factors that figure this out himselfadvance correspondence
can affect your waiting period are the number of with the INS isnt likely to get you very far.
people in line ahead of you and how well the INS is The fingerprint notice instructs you to bring your
doing at getting those people through the applica- green card with you as photo identification. The rea-
tion process. You can get an up-to-date estimate of son is obviousthe INS doesnt want people with
how long it takes to get a fingerprint appointment criminal records to send someone with a clean
by going to the information line of your local INS record in their place.
office or talking to the staff of local nonprofit agen- Since any delay in the process increases the
cies serving immigrants. (This is not information that chances that the INS will delay or misplace your ap-
you can get by phoning the INS.) plication, we recommend that you try your best to
Even if youre sure that your application is at the attend your fingerprint appointment. If you really
INS District Office, its still a challenge to track it. cant make it on the appointed day, check the box
INS District Offices do not accept phone calls from near the bottom your appointment notice indicating
applicants, period. If youve waited too longwe when youd like your next appointment, copy the
describe average waiting periods in subsections a notice for your records and send the original to the
and bfor your fingerprints or interview, you must District Office address listed on the notice. You
follow the local INS procedures for making an in- should receive a new appointment notice.
quiryprocedures that vary from district to district. If you dont receive a fingerprint appointment no-
Usually, the best way to start is to wait in the infor- tice within six months or your local INS districts ex-
mation line at the District Office. (If you dont al- pected time, you should follow up with both the
ready know where your local INS District Office is, INS Service Center and the District Officeyour ap-
see Appendix A or check the INS website plication could be at either office.
(www.ins.gov). Someone at the District Office will Write to the INS Service Centeruse the sample
advise you of the offices procedures, which usually letter, below, as a templateand visit your local
District Office in person.
4/ 8 BECOMING A U.S. CITIZEN: A GUIDE TO THE LAW, EXAM AND INTERVIEW
BETWEEN FILING AND INTERVIEW: DEALING WITH THE WAIT 4/ 9
[Your name]
Enclosed: Copy of Service Center Receipt Notice
If more than 15 months pass between your fin- That said, some people will have no choice but to
gerprint appointment and your interview ap- moveor simply cant tolerate spending months,
pointment, youll probably get another fingerprint ap- and even years, waiting for an appointment without
pointment notice. This isnt a mistake. Your case wont taking a vacation. If you do go on vacation, have a
go forward until the FBI has run a new check on your friend check your mail. Leave a number where you
record, because the INS figures that after 15 months can be reached if your fingerprint or interview no-
you had time to get into some new trouble. You wont, tice arrives. If the scheduled date occurs while
however, have to pay a second fingerprinting fee. youre vacationing, write to the office whose address
is on the notice, requesting a new appointment. Do
this before, not after, the scheduled appointment. If
Lawyers Get Special Access youve already missed one appointment, however,
for Case Inquiries come back from your vacation early. The INS rarely
gives third chances.
The INSs reputation for avoiding case inquiries
If you move to a different city, youll need to do
from immigration lawyers may slowly be chang-
two things:
ing. After a great deal of community pressure, not
advise the INS of your change of address, and
to mention some well-publicized scandals in
figure out if youre still within the same INS dis-
which the INS had misplaced thousands of citi-
trict.
zenship applications, the INS seems to be clean-
Advising the INS of your change of address is not
ing up its act. Immigration lawyers now receive
the same as advising the U.S. Post Office. Fortu-
special fax numbers with which to make inquir-
nately, there is now a convenient method for notify-
iesand sometimes even supervisors phone
ing the INS of your address change: Call 800-375-
numbers. Unfortunately, these phone numbers are
5283 between 8:00 a.m. and 6:00 p.m., Monday
not available to the general publicand probably
through Friday. Press 1 for pending cases, then 2
never will be, given the number of faxes that the
for changes of address. Youll need to be ready with
INS would then have to deal with. If youre getting
your A-number, the processing number from your
nowhere with your personal inquiries, this might
receipt notice and, of course, your old and new ad-
be the time to hire a lawyer. Dont expect
dresses. This service is only provided in English.
miracles, howeversometimes even the lawyers
In addition, check in regularly with the new occu-
are told nothing more than that an applicants
pants of your former home, if possiblejust in case
case is pending or still in line.
the local INS office doesnt succeed in entering your
See Chapter 10 for information on how to find
address change into its records. Youll also probably
an immigration attorney.
want to advise the Post Office as well, because it
will forward your mail to you after you movebut
only for a limited time, and without advising the
senders. Thats why its important to use the INS
procedure described above.
C. If You Move or Go on Vacation Depending on how far youre moving, you may
If youre waiting for the INS to act on your applica- end up in a different INS district. The INS has many
tion, we advise you not to go anywhere! Missing an districts within each state, and only the one serving
appointment notice can result in long delays in get- your address can help you. So, for example, if you
ting your application back on track. Worse yet, the applied for citizenship while you were living in or
INS doesnt always pay attention to your changes of near San Francisco, the San Francisco District Office
address. To top it off, transferring a file from one would have your case file. But if you moved to Sacra-
INS office to another seems to put it at risk of disap- mento before your interview, the San Francisco office
pearing forever. would no longer have the authority to hear your case.
Only the Sacramento District Office could handle it.
4/ 1 2 BECOMING A U.S. CITIZEN: A GUIDE TO THE LAW, EXAM AND INTERVIEW
As a general rule, if youve moved to a different state, federal job offer. (Note, as of this books publica-
youre more than likely in a new INS district. tion, the INS was not giving airport screeners expe-
To find out if youre in a new district, go to the dited treatment.)
INS office that has your case, stand in the informa-
tion line and tell the officer where youre moving to.
If the officer determines that its a new district, ask E. When All Else Fails, Call Your U.S.
to transfer your filethen follow up in writing to Congressperson
your local District Office with the same request. Be
If you feel your case has turned into a true bureau-
prepared for a long waitasking the INS to transfer
cratic nightmare or a genuine miscarriage of justice,
files often produces delays.
ask your U.S. Congressperson for help. Some con-
If youre moving to a new state, theres an added
gressional offices have a staff person dedicated to
complication. You have to have lived in the new
helping constituents who have immigration-related
state for three months before your application can
problems. You will soon be a member of their vot-
be considered. Fortunately, because of the delays
ing public, so they have every interest in gaining
involved in transferring your file, this will probably
your support now.
not affect your citizenship eligibility. If, however,
A simple inquiry by a U.S. Congressperson can
you receive a notice scheduling you for an interview
end months of INS stonewalling or inaction. In rare
before three months in your new home have
cases, the Congresspersons office might be willing
passed, write back asking that the INS reschedule
to put some actual pressure on the INS.
the interview for a date after the three-month pe-
riod. If you dont get a response, go to the interview Example: Kyllikki applies for citizenship in De-
anywaythe INS can reschedule you at that time. cember of 2001. She attends her fingerprint ap-
pointment in June of 2002 and that is the last
she hears from the INS. She fills out an inquiry
D. Requesting Emergency Attention form in person at an INS District Office in Janu-
If there is a pressing reason that your application ary of 2003. The INS promises to respond to her
should be put ahead of all the other waiting applica- inquirybut no reply comes. In March, Kyllikki
tionsthe INS calls this expediting a casebe sure visits the INS again and is told that all people
to highlight this in a letter. Such a letter can either who applied at the same time as she did have
be included with your citizenship application or sent already been called in for interviews. Again, the
later to the office handling your case. But limit your INS promises to look into the delaybut by
cries for help to true emergencies, such as: May, she has still heard nothing. She then writes
you are about to have surgery and will be un- a letter to her U.S. Congresswoman, outlining
able to leave your hospital bed to attend an INS the problem. The Congresswoman contacts the
interview for several months INS to ask whats going on, and Kyllikki re-
you have been selected for an important federal ceives an interview notice within three weeks.
job that requires U.S. citizenship, or Your Congressperson probably wont be sur-
you have a terminal illness and want to become prised to hear from you. Illinois Congresswoman
a U.S. citizen before you die. Janice Schakowsky reports that eight out of ten calls
If your emergency is a medical one, include a letter from her constituents are complaints about the INS.
from your doctor explaining the situation. For other (See Unchecked Power of the INS Shatters Ameri-
types of emergencies, try to find an equivalent form can Dream, by Kim Christensen, Richard Read, Julie
of proof to include with your requestfor example, Sullivan and Brent Walth, The Oregonian, Sunday
a letter from a government official indicating your December 20, 2000.)
C H A P T E R
book by yourself, youre already doing quite well. Should You Submit Your Application
Iflike many applicantssomeone is assisting you Before You Can Speak English?
through the process, thats okay, too. Ask your
friend to keep reading! The INS doesnt require you to be conversant in
This chapter wont teach you English but it will English at the time you submit your citizenship
provide: applicationonly that you have learned it by the
an idea of how much English youll need to time your interview rolls around. That gives you
know (Section A), the opportunity to take a calculated riskturn in
a description of the exam youre preparing for your citizenship application while your English is
(Section B), and still weak, then spend the months leading up to
resources for learning English (Section C). your interview studying intensively. (We discuss
study methods in Section C, below.)
If youre older than age 50 or disabled, you
If you have the discipline to study diligently,
may be able to avoid learning English. For de-
this risk should be manageable. Thanks to INS de-
tails on whether you qualify to have your citizenship
lays, you may have more time before the inter-
interview conducted in your native language, see
view than you expected! But if you are not dili-
Chapter 2, Section E.
gent or if your life is full of unpredictable crises
and obligations, dont submit your application un-
til youre comfortable in English. If you submit it
A. How Much English Youll Need to without knowledge of English, you will fail the
Know English exam and have to reapply for citizenship.
Much of the interview will involve reviewing your A tape recorder can be your friend, too. If you
Form N-400, so learning the vocabulary on this form need practice with the questions, but dont want
is critical. You may find a number of words on the to impose too much on friends and family, ask one of
form difficult to comprehend. Some arent com- them to read all the questions on the N-400 application
monly used. For example, the average American into a tape recorder. Then play the tape back to your-
rarely discusses his willingness to bear arms on be- self as many times as you need.
half of the United States (translated: defend the
Another, less obvious way in which the INS tests
United States by joining the military). And when
your English ability is by watching your response to
was the last time you heard anyone discuss po-
the interviewers instructions. For example, the of-
lygamy, which is the practice of taking several hus-
ficer may say things like, Follow me, Please remain
bands or wives at the same time?
standing, Raise your right hand, Take a seat, or
Review the language in Form N-400with a dic-
Show me any documents that youve brought with
tionary in handand then have a friend read all the
you. We know of one case in which the applicant
questions aloud to you. The INS interviewer prob-
failed to take a seat when asked twice by the of-
ably wont ask you every question on the formbut
ficer. He was told to go home. In another case, an
he will ask you a good number of them. Since its
applicant failed the interview because she sat down
impossible to predict which ones hell choose, be
before the officer told her to! The lesson here is to
prepared for all of them. Youll be much more com-
listen very carefully to the interviewers instructions
fortable at the interview if you prepare!
and if you really dont understand, to ask the inter-
You dont need to know every word of the En- viewer to rephrase the sentence so you wont be left
glish language. During the interview, there may standing when you should be in your chair.
be some words you dont know or recognize. Admitting
your lack of knowledge as to a word will not be a
deadly strike against you. If you cant comprehend 2. Testing Your Reading of English
something, say to the interviewer, I dont know that
In order to test your reading ability, the INS officer
word, can you repeat what you said in another way?
will give you something to read out loud. If youre
Youll impress your interviewer if, instead of an- clearly doing well, the officer may stop you after
swering a question with yes or no (or nodding one sentenceotherwise you may have to read two
your head affirmatively or negatively), you respond or three sentences. We cannot predict your reading
in a complete sentence. This may require repeating matter, but officers have used:
part of the question back to the interviewerfor ex- passages from one of the Federal Textbooks on
ample, if she asks you What is your name? practice Citizenship (Publications M-289 and M-291). (Un-
answering My name is Charles Olisadebe rather fortunately, these arent widely available, so
than just Charles Olisadebe. Say your answers tracking them down is probably not worth your
clearly and firmly. effort.)
Ask an English-speaking friend to rephrase the the list of 100 U.S. history and government ques-
questions from Form N-400 in different ways. For tions
example, INS interviewers often shorten the ques- material from the applicants citizenship file, and
tions or put them into different words. So, for ex- N-400 applications.
ample, the form reads If you are now married, give An INS officer may also combine your reading
the following information about your spouse; exam with your U.S. history and government
Spouses Family Name. However, the INS inter- examasking that you read and answer a few ques-
viewer is more likely to ask, Whats your husbands tions out loud. In general, its better to focus on
name? learning to read English than on trying to predict
what youll be asked to read.
5/ 4 BECOMING A U.S. CITIZEN: A GUIDE TO THE LAW, EXAM AND INTERVIEW
Below is the official list of sentences that INS officers usuallythough not alwaysdraw from in order to test
the applicants written English. This list is reproduced from the INS website (wws.ins.gov). The blank lines in-
dicate where the INS officer will insert an appropriate word or name for you to write.
C H A P T E R
you decided not to learn (or you happen to forget a tion and look for your language. You will need Adobe
few answers on top of the few you avoided) you Acrobat in order to download this guide. The questions
will fail the exam. are printed near the back of the Guide. For questions
that are not translated or for other languages, you will
The INSs list of 100 questions is a superficial
have to have a friend translate the questions and an-
history lesson focusing on basic, not controver-
swers for you.
sial facts. Dont expect to find out much about free
speech, civil rights or other important issues. If youre Weve grouped the questions and answers into
interested in learning more about what really happened seven categories:
during the two centuries of American history we rec- the U.S. flag and what it stands for (Section B1)
ommend easy-to-understand history texts such as Dont U.S. independence and Revolutionary War his-
Know Much About History: Everything You Need to tory (Section B2)
Know About American History but Never Learned, by the U.S. Constitution (Section B3)
Kenneth C. Davis (Avon), and A Peoples History of the the U.S. federal government today (Section B4)
United States: 1492 to Present, by Howard Zinn your state and local government (Section B5)
(Harper Perennial). recent U.S. history (Section B6), and
becoming a U.S. citizen (Section B7).
The 50 white stars on the flag represent the 50 The American flag is an important symbol. Thats
states in the United States today, also shown on our why our national song (or national anthem) was
map. written about it. The title of the our national anthem
The United States is sometimes referred to as the is The Star-Spangled Banner, composed by Francis
union. That means the voluntary joining of the Scott Key. The title is a poetic name for the flag
various states, each of which also has its own gov- with stars all over it (which would not have
ernment. So when you are asked how many states sounded as nice). Spanish speakers wont have
are in the union, it simply means in the United much trouble remembering the word banner, be-
States. You wont have to memorize the names of all cause its related to the Spanish word for flag,
50 states, but you will have to know the 49th and bandera.
50th states to join the union: Alaska and Hawaii. Congratulationsyouve now learned enough to
Thats easy to remember because they are the only answer 12 of the questions on the citizenship exam.
ones whose land is not connected to the rest of the Try not to look at the paragraphs above as you an-
United States. swer the questions below.
PREPARING FOR THE U.S. HISTORY AND GOVERNMENT EXAM 6/ 5
2. U.S. Independence and Early History dians helping them learn things like how to plant
corn. The Pilgrims and the Indians held a great har-
Before Europeans landed in America, the land was
vest feast together which later became the model for
populated by tribes of native people now often re-
the holiday called Thanksgiving. The Pilgrims are
ferred to as Native Americans. (Through much of
sometimes also referred to as the Colonists, since
American history, they have been referred to as In-
they were among the first people to set up colonies
dians because the early explorers mistakenly be-
in America.
lieved they had landed in India). Europeans became
Now well fast-forward about a hundred years.
interested in America in the 1400s and 1500s, and
By the mid-1700s, the American colonies were
attempted various explorations and settlements.
mostly under the protection of England, which im-
However, the most famous settlement in U.S. history
posed high taxes and exerted control in return. The
was that of the Pilgrims, who arrived on a boat
colonists were unhappy with this. After small-scale
called the Mayflower (in 1620, but you wont be
battles and angry negotiations and proclamations be-
asked for this date). They were originally from En-
tween the colonists and England, the Revolutionary
gland, all members of a religious sect. They believed
War broke out in 1775. George Washington was ap-
that the Church of England was harassing them for
pointed Commander-in-Chief of the military (the first
their religious views, so they left in search of a safer
one ever). One of the famous statements in favor of
environmentthats why the INS says they came to
American freedom during this time period came from
America for religious freedom.
Patrick Henry, an outspoken lawyer and statesman,
If you have children in school, youve probably
who said, Give me liberty or give me death.
seen pictures of the Pilgrims, with the American In-
6/ 6 BECOMING A U.S. CITIZEN: A GUIDE TO THE LAW, EXAM AND INTERVIEW
ANSWERS:
1. Red, white and blue 2. 50 3. White 4. One for each state in the Union 5. 13 6. Red and white 7. They represent
the 13 original states 8. 50 9. Connecticut, New Hampshire, New York, New Jersey, Massachusetts, Pennsylvania,
Delaware, Virginia, North Carolina, South Carolina, Georgia, Rhode Island and Maryland 10. Hawaii and Alaska
11. The Star-Spangled Banner 12. Francis Scott Key 13. Colonies 14. 50
PREPARING FOR THE U.S. HISTORY AND GOVERNMENT EXAM 6/ 7
Congress shall make no law respecting an In the years since the Constitution and Bill of
establishment of religion, or prohibiting the free exer- Rights were written, other changes, or Amendments
cise thereof; or abridging the freedom of speech, or of have been added to the Constitution. Today there
the press; or the right of the people peaceably to as- are a total of 27 Amendments.
semble, and to petition the Government for a redress of A stray question from the past. Although it
grievances. doesnt appear on the current list of 100 ques-
tions, some INS officers still ask the following question:
Name one Amendment that guarantees or addresses
voting rights? You can answer either the 15th, 19th or
In other words, people are guaranteed rights to 24th Amendment.
freedom of religion, freedom of speech, a free press,
freedom of peaceful assembly (to gather as a group)
and freedom to ask the government to redress griev- ANSWERS:
ances (fix things that it has done wrong). 15. For religious freedom 16. Thanksgiving
The other amendments include other rights and 17. The American Indians (Native Americans)
freedoms. One of the exam questions asks you to 18. The Mayflower 19. Independence Day 20. July
4th 21. England 22. England 23. Patrick Henry
name three rights or freedoms from the Bill of
24. Thomas Jefferson 25. July 4, 1776 26. That all
Rights (the first ten Amendments). You can choose men are created equal 27. George Washington
from the following list, which well copy here ex- 28. Abraham Lincoln 29. Freed many slaves
actly as it appears on the INS list of answers. You 30. Abraham Lincoln
can, if you wish, put these into your own words.
PREPARING FOR THE U.S. HISTORY AND GOVERNMENT EXAM 6/ 9
4. The U.S. Federal Government Today The U.S. is said to have a republican form of
government. This use of the word republican doesnt
Many questions on the U.S. citizenship exam ask
mean to imply that the government is always run by
about the U.S. federal, or national, government.
the Republican Party. In this context, the word re-
Once you understand the governments basic struc-
publican means that the federal government wont
ture, these questions are not as hard as they look. In
extend its powers into matters that are the concern
any case, this information will be important once
of individual U.S. states. In other words, the states
you become a citizen because it will help you un-
keep some sovereignty or power over the people
derstand what the federal government is doing.
living within them, and those people thereby gain
After you are a citizenassuming youre of voting
some protection from centralized U.S. government
age (the minimum age is 18)youll have a chance
control.
to cast your vote for many of the political figures
The federal government is divided into three
described in this section. At some point, you may
branches, the executive, legislative and judicial
also want to affiliate with a political party. The two
branches. The three branches share power among
main political parties in the United States are the
themselves. Look at the diagram on the next page.
Democratic and Republican parties. We wont try to
The executive branch is the one associated with
describe the differences in philosophy between the
the White House. In fact, the White House is the
two parties. Youll develop your own sense of this
Presidents official home and office. The next time
by following the news and the words of various
youre in Washington, D.C., you can visit the White
politicians. The INS wont ask you to describe the
Houseits address is 1600 Pennsylvania Avenue, NW.
parties philosophies or differences.
6/ 1 0 BECOMING A U.S. CITIZEN: A GUIDE TO THE LAW, EXAM AND INTERVIEW
Executive
Judicial
Legislative
The executive branch includes the President, the In order to run for President, a person must:
Presidents cabinet (special advisors in different sub- be a natural born citizen of the United States
ject areas, such as the Secretary of Defense or of the be at least 35 years old by the time he or she
Treasury) and departments led by the cabinet mem- will serve as president, and
bers. The Presidents duties include leading the have lived in the United States for at least 14
country, serving as Commander-in-Chief of the U.S. years of his or her life.
military, signing bills passed by Congress into law
(discussed below) and much more.
ANSWERS:
31. The supreme law of the land 32. Yes 33. Amendments 34. 27 35. The Constitution 36. The first 10
Amendments of the Constitution 37. The Bill of Rights 38. (A) The right of freedom of speech, press, religion,
peaceable assembly and requesting change of government (B) The right to bear arms (the right to have weapons
or own a gun, though subject to certain regulations) (C) The government may not quarter, or house, soldiers in
the peoples homes during peacetime without the peoples consent (D) The government may not search or take a
persons property without a warrant (E) A person may not be tried twice for the same crime and does not have to
testify against himself (F) A person charged with a crime still has some rights, such as the right to a trial and to
have a lawyer (G) The right to trial by jury in most cases (H) Protects people against excessive or unreasonable
fines or cruel and unusual punishment (I) The people have rights other than those mentioned in the Constitu-
tion. Any power not given to the federal government by the Constitution is a power of either the state or the people.
39. 1787 40. The Bill of Rights 41. Everyone (citizens and non-citizens living in the U.S.) 42. The Preamble
43. Freedom of: speech, press, religion, peaceable assembly and requesting change of government
PREPARING FOR THE U.S. HISTORY AND GOVERNMENT EXAM 6/ 1 1
The President is elected by the Electoral College, The third branch of the U.S. federal government
a group of people who represent all U.S. citizens. A is the judiciary, made up of the Supreme Court and
presidential election is held every four years, always other federal courts. The Supreme Court interprets
in the month of November. The new President is laws. Its the last possible court of appeal for people
inaugurated, a ceremony in which he or she is suing each other or suing the government. As the
sworn into office, in January. A President can only INS says, its the highest court in the United States.
serve for a total of two terms (or eight years). The Supreme Court makes decisions on the few
The first person elected as President was George cases that it chooses to accept, and all Americans
Washington. He is now called the father of our must follow the law as the Court interprets it.
country. The current President is George W. Bush. The Supreme Court is the only branch of our gov-
We also elect a Vice President along with the ernment that isnt elected; its justices are appointed
President. The Vice President will step into the by the President. There are nine Supreme Court jus-
Presidents position if the President dies. If both of tices, one of whom serves as Chief Justice. The cur-
them should die, then the speaker of the House of rent Chief Justice is William Rehnquist.
Representatives, (explained below) becomes Presi- The citizenship exam doesnt ask much about the
dent. The current Vice President is Richard B. United States involvement in foreign affairs, but
Cheney, commonly referred to as Dick Cheney. there is one question on this topic: Youll need to
The legislative branchmade up of the U.S. Con- know the purpose of the United Nations. The
gresssits in the U.S. Capitol Building. Congress has United Nations is an international body composed
two parts: the Senate and the House of Representa- of delegates representing member nations from all
tives. The members of Congress are elected directly over the world. Its purposes include discussing and
by the U.S. votersor, as the INS states, the trying to resolve world problems and providing eco-
people. Congress makes laws that apply to the nomic aid to many countries.
whole United States. Your state and local govern-
ment also have elected bodies that can make state
and local laws. Only the U.S. Congress can declare
war, even though the President is the Commander-
in-Chief of the military.
Senators are elected every six years and every
state elects two senators. That means there are a to-
tal of 100 senators in Congress. Members of the
House of Representatives are elected every two
years. The number of representatives per state de-
pends on how many people live in that state. At this
time, there are a total of 435 representatives.
There is no limit on the number of times a sena-
tor or representative can be reelectedsome con-
gresspeople have served for most of their adult
lives; others may only serve one term. Youll need
to figure out who the current senators from your
state are for the citizenship exam. To find out, look
The U.S. Constitution
in the federal government pages of your local phone
book or go to www.senate.gov/contacting/
index.cfm and, under Senators, click By State.
6/ 1 2 BECOMING A U.S. CITIZEN: A GUIDE TO THE LAW, EXAM AND INTERVIEW
5. Your State and Local Government Web at www.50states.com. These resources will also
help you find out the current governor (the head
Each state has a capital where the state government
executive) of your state. Youll also need to know
is located. For example, Sacramento is the capital of
the mayor of your town. (The INS refers to the
California and Albany is the capital of New York.
mayor as the head of your local government and as
Youll need to know your own states capitaldont
the head executive of a city government.) Again, a
just assume that its the biggest or most well-known
local librarian should know if you arent sure.
city. To find out, ask a local librarian or look on the
6/ 1 4 BECOMING A U.S. CITIZEN: A GUIDE TO THE LAW, EXAM AND INTERVIEW
ANSWERS:
44. George W. Bush 45. Dick Cheney 46. The Electoral College 47. Vice president 48. Speaker of the House of
Representatives 49. Four years 50. George Washington 51. George Washington 52. Must be a natural born
citizen of the United States; must be at least 35 years old by the time he/she will serve; must have lived in the
United States for at least 14 years 53. Three (3) 54. Legislative, Executive and Judiciary 55. Congress
56. Congress 57. The Senate and the House of Representatives 58. To make laws 59. The people 60. 100
61. (INSERT LOCAL INFORMATION) 62. Six (6) years 63. 435 64. Two (2) years 65. The president, Cabi-
net and departments under the Cabinet Members 66. The Supreme Court 67. To interpret laws 68. William
Rehnquist 69. Two (2) 70. Two (2) from each state 71. Appointed by the president 72. Nine (9) 73. Eigh-
teen (18) 74. The president 75. The Supreme Court 76. The Cabinet 77. The Congress 78. Republican
79. For countries to discuss and try to resolve world problems; to provide economic aid to many countries
80. In the capitol in Washington, D.C. 81. The place where Congress meets 82. The Presidents official home
83. Washington, D.C. (1600 Pennsylvania Avenue, N.W.) 84. The White House 85. The president 86. Novem-
ber 87. January 88. There is no limit 89. There is no limit 90. Democratic and Republican
96. Which countries were our enemies during World War II? _____________________
97. Who was Martin Luther King, Jr.? _________________________________________
PREPARING FOR THE U.S. HISTORY AND GOVERNMENT EXAM 6/ 1 5
7. Questions on Becoming a U.S. Citizen that this is listed as a special benefit of U.S. citizen-
ship. The difference is that while green card holders
Now we get into a subject area that youre probably
can petition for their spouses and children to come
very familiar with: your own immigration process.
here, their relatives will face a long waiting period
The INS expects you to remember that the applica-
before coming to the United States. That waiting pe-
tion form you filled out to apply for citizenship is
riod is much shorter when the person petitioning for
called the Form N-400, Application to File Petition
them is a U.S. citizen. In addition, U.S. citizens can
for Naturalization.
petition for their parents and married children,
You must also be able to name one benefit of be-
which green card holders cannot do. For more infor-
ing a citizen of the United States. The benefits listed
mation on this benefit, see Chapter 11.
by the INS include:
For some reason, the INS doesnt classify voting
obtaining federal government jobs
as a benefit of being a U.S. citizen. Instead, it ad-
traveling with a U.S. passport, and
dresses voting as a right, by asking what is the most
petitioning for close relatives to come to the U.S.
important right granted to U.S. citizens (the answer
to live.
being the right to vote.)
If you petitioned for close relatives while you
Here are the immigration-related questions on the
were a green card holder, you may find it confusing
exam:
98. What Immigration and Naturalization Service form is used to apply to become a
naturalized citizen? _____________________________________________________
99. Name one benefit of being a citizen of the United States. _____________________
100. What is the most important right granted to U.S. citizens? _____________________
ANSWERS:
98. Form N-400, Application to File Petition for Naturalization 99. Obtain federal government jobs; travel with a
U.S. passport; petition to close relatives to come to the U.S. to live 100. The right to vote
PREPARING FOR THE U.S. HISTORY AND GOVERNMENT EXAM 6/ 1 7
1. Independence Day.
2. George Washington.
3. George W. Bush.
4. The supreme law of the land.
5. The Bill of Rights.
6. The people.
7. 100.
8. Six years.
9. Two years.
10. The president.
11. Legislative, Executive and Judicial.
12. The Supreme Court.
13. The Mississippi River.
14. Slavery or states rights.
15. Democratic and Republican.
16. Fifty.
17. Washington, D.C.
18. Eighteen.
19. A civil rights leader.
20. The United States of America.
21. [INSERT LOCAL INFORMATION].
22. Veto.
23. The Atlantic and Pacific Oceans.
Independence HallPhilidelphia, Pennsylvania
24. Edison.
25. The Star-Spangled Banner.
C H A P T E R
INS allow her mother to accompany her into the Ask your doctor to write a lettertheres no spe-
interview to help Athena and the officer under- cial form to useexplaining your condition in medi-
stand each others words and to maintain cal terms and confirming the assistance you will
Athenas comfort. (Athena separately requests need at the interview and swearing-in ceremony.
waivers of the exam requirements, as covered in Note, if your doctor is already separately filling out
Section B, below.) an exam waiver request for you (discussed in the
next section), he wont need to separately discuss
Example 3: Kim has an advanced kidney ail- your medical condition in this letter.
ment, is confined to a hospital bed and his long-
If youre asking to be interviewed soon after
term prognosis is not good. Kim asks the INS to
arrival at the INS office, alert an INS officer in
send an officer to interview him in his hospital
person. Most people, upon arriving for their interview,
room. (The INS can also send someone to swear
are told to put their interview notice in a basket. This
Kim in if he passes.) In addition, since Kim is
would result in your being interviewed in the same or-
afraid he wont survive until the regularly sched-
der as everyone else, usually after a long wait. Tell the
uled interview date and wants very badly to be-
INS officer in charge of the intake desk youre asking
come a U.S. citizen, he requests an expedited
for a special accommodation interview. Give the of-
(speeded up) interview dateand assuming he
ficer your interview notice, along with a copy of an ex-
passes, requests that the INS officer swear him
planatory letter from your doctor or your Form N-648
in as a citizen at the same time. (Note: The INS
(if you filed onethis is the form requesting waivers of
usually only grants these expedited interviews
the exam requirements, discussed in Section B2, be-
in life or death situations.)
low). Dont sit down until youre sure the officer under-
For various reasons, the INS has been seeing stands your request.
more requests for accommodations recently, so
If the INS refuses to make the accommodations
dont worry that your situation will seem unusual. If
that you requested, talk to a lawyer, a nonprofit or-
you truly need assistance, dont be shy about mak-
ganization serving immigrants and refugees or a dis-
ing your request.
ability advocate. Hopefully, a third party will be able
to help resolve any INS misunderstandings.
2. Requesting Accommodations
In order to alert the INS that you need accommoda-
tions, check the yes box on Part 3, Question I, of
the citizenship application form (Form N-400). Be-
low that, you can specifically explain what accom-
modations youll need in the blank lines. If this isnt
enough space, attach a more complete explanation
on a separate piece of paper and in your cover let-
ter. Be as specific as you can in your request. For
example, instead of saying I need a friend with me
because I am sick, say I need a friend to accom-
pany me into the interview in case I have a seizure
and need an injection administered quickly.
The disability waiver excuses you from the citi- The INS does not grant the disability waiver auto-
zenship exams, but not from other U.S. citizen- matically for any particular illnesses and the agency
ship requirements discussed in Chapter 2. For example, does not maintain a list of medical conditions recog-
you will still need to fulfill location, physical presence, nized as worthy of waivers. The INS knows that ev-
green card and moral character requirements. ery persons medical history and life circumstances
are unique. Factors such as age, the severity of the
You will not find out whether the INS will grant
medical condition, its combination with other condi-
your disability waiver until your interview. For this
tions or illnesses and the type of medication pre-
reason, prepare for the exams to the extent possible.
scribed can make a huge difference in a persons
If you already speak English, some officers will ask
ability to study or learn. And the INS is well aware
you U.S. history and government questions before
that modern training techniques can help some
they make their decision on the waiver. Theyre
people overcome certain disabilitiesfor example, a
probably not doing it to make your life difficult
blind or deaf person might be taught English and
theyre just hoping that they can grant you citizen-
eventually be able to study for the U.S. history and
ship without having to make a decision on the
government exam.
waiver. If the officer can get you to answer six ques-
For these reasons, the INS relies heavily on your
tions correctly (and theyll always choose the easiest
doctor to tell them what you can and cant do. And
questions), everyone will win. Youll be approved
thats why you will need to work closely with your
for citizenship and the officer wont have to read the
doctor to make sure your doctor understands your
waiver application.
situation and presents it completely and accurately.
Before you go to your doctors office, copy or Dont go to a special doctor just because you
print out INS Form N-648. On Part I of the form, fill hear that he is easy about giving out disabil-
out your name, other identifying information and ity waivers. The INS quickly picks up on patterns of
permission for the doctor to release information. abuse and if the agency sees many waivers from the
Take the form to your appointment. Your request same doctor, it will consider your case more suspi-
on Form N-400 and the doctors report on Form N- ciously.
648 are all youll need to request this waiver.
If your doctor hasnt done disability waiver evalu-
Form N-648 is included in the Appendix and is ations before, shell need your help. So, dont just
available from the INS by phone at 800-870- hand her the Form N-648 and say please fill it out.
3676. You can also download it from the INS website Most doctors are accustomed to having their in-
(www.ins.gov). structions followed, so they often believe that they
can just write patient has X condition, is disabled
Include Form N-648 with the application packet and merits a waiver of the citizenship exam require-
that you submit to the INS. ments and be done with the matter. Theyre wrong.
The INS will not be convinced by this type of state-
You should use your own doctor for this examthe
ment and will not grant a disability waiver unless
INS doesnt provide a list of doctors for disability ex-
the doctor has stated a connection between your
ams. However, your doctor must be a U.S.-licensed
illness and your inability to take the exam.
physician, osteopath or clinical psychologist. Any
The best way to explain all of this is to copy the
doctor you normally seeeither your primary care
letter below and hand it to your doctor at your ap-
(or family) doctor or a specialistcan fill out Form
pointment. (Read the letter yourself, too, so as to
N-648, so long as she has access to the appropriate
better understand the process.)
medical records and test results.
Dear Physician:
Your patient plans to submit an application for U.S. citizenship to the Immigration and
Naturalization Service (INS). Part of the application process normally involves taking ex-
ams covering the English language (in writing and orally) and U.S. history and govern-
ment (orally). However, your patient feels that his or her physical or psychological con-
dition makes it unduly difficult to prepare for or pass these exams. Your patient will be
asking for a waiver of one or both of these exams. In support of this waiver request, the
patient asks that you assess his or her disability and fill out INS Form N-648.
This letter is to give you an introduction, or perhaps a reminder, of what the INS needs
to see on Form N-648 in order to consider or grant the waiver. In particular, three key
things must emerge from your statements on the form or the waiver will be denied, even
if, in your professional opinion, it should have been granted. These three critical things
include:
1) a full explanation of your patients condition(s), (physical or mental), including its se
verity and how you arrived at your diagnosis
2) an explanation of how this condition(s) affects the patients ability to study, learn or
remember the exam material, and
Here are examples, straight from INS memos, of the types of physicians statements that
would lead to a denial or an approval of the very same patients request:
WAIVER DENIED:
The patient suffers from Downs Syndrome. He should be exempted from
the English language and U.S. civics requirements for citizenship.
WAIVER GRANTED:
The patient suffers from Downs Syndrome. He was tested with Wechsler
Adult Intelligence Scale and was found to be moderately retarded with an
IQ of 50 (tested on June 1, 1995). The patients mental retardation is a glo
bal impairment, which affects cognition, language and motor skills. Because
7/ 8 BECOMING A U.S. CITIZEN: A GUIDE TO THE LAW, EXAM AND INTERVIEW
of the patients global impairment, he cannot learn new skills and is not ca
pable of reasoning. His memory is deficient, and he is only capable of per
forming simple daily activities. Because of the patients mental disability, he
is incapable of learning a new language (even basic words of a new lan
guage) and U.S. history and civics.
The more you can do to tie the patients condition to an inability to study, learn or memo-
rize words or concepts, the better. Also, youll be reducing the chances that the INS will
request follow-up information from you!
If you believe the patients impairment is due to illegal drug use, please stop now
and tell the patient you cant fill out this form. Submitting a form with this informa
tion could cause your patient to be deported from the United States.
If you believe the patients medical condition will not last at least twelve months,
please stop now and tell the patient you cant fill out this form. Temporary disabili
ties will not qualify applicants for the waiver.
You dont need to attach medical records, though the INS reserves the right to re
quest them later.
The INS has been complaining that it cant read doctors handwriting, and it has
been rejecting waiver requests as a result. Please print or type legibly! Return the
form directly to the patient, unsealed.
Thank you very much for your attention to this letter and for assisting your patient
to become a U.S. citizen.
OVERCOMING DISABILITY WHEN APPLYING FOR CITIZENSHIP 7/ 9
If you picked up this book after submitting your What If the Applicant Is Unable to
citizenship application to the INS, but now realize Understand the Oath of Allegiance?
you need a disability waiver, its not too late. You
can ask your doctor to prepare a Form N-648 and Applicants with severe developmental or cognitive
submit it at your interview. The six months rule disabilities may have difficulty understanding or
still applies, howeverthe doctors signature on the repeating the Oath of Allegiance that finalizes
form cant be more than six months old when you their becoming citizens. This used to be a huge
submit it. Since you cant be sure when your inter- problemthe INSs position was that the disability
view will be scheduled, timing your doctors signa- waiver did not include a waiver of the Oath of
ture can be a bit tricky. Explain the situation to the Allegiance. Many disabled people who were oth-
person making appointments at your doctors office erwise eligible for citizenship, based on disability
and make sure that the doctor can schedule you for waivers could not become citizens because they
an appointment as soon as you receive your inter- couldnt take a meaningful oath.
view notice (youll have about a two-week win- In late 2000, President Clinton signed a law
dow). Alternately, find out when the INS normally allowing applicants with physical or mental dis-
calls people for interviews in your area and sched- abilities to skip the Oath of Allegiance if they are
ule a medical appointment close to that timerec- unable to understand, or to communicate an un-
ognizing, of course, that the interview could occur derstanding of, its meaning. At present, the INS
earlier or later than the normal date. uses the information on Form N-648 to determine
whether the applicant qualifies for a waiver of the
oath requirement.
C H A P T E R
The Interview
A. Final Preparation .................................................................................................. 8/4
1. Review Your Application and Note Changes ................................................... 8/4
2. What to Bring .................................................................................................. 8/4
3. What to WearAnd What to Leave at Home .................................................. 8/5
4. Know Where Youre Going ............................................................................. 8/6
B. The Interview ....................................................................................................... 8/6
1. A Sample Interview ......................................................................................... 8/6
2. Interview Tips .................................................................................................. 8/8
C. If the Interview Goes Badly .................................................................................. 8/9
D. Approval or Denial: Whats Next? ...................................................................... 8/10
8/ 2 BECOMING A U.S. CITIZEN: A GUIDE TO THE LAW, EXAM AND INTERVIEW
If its truly impossible to make the scheduled ap- your file to the local INS office, it has no power over
pointment, ask for a new date. But we recommend your case.)
that you try your hardest to make the initial appoint- In order to qualify for a new appointment, youll
ment. If you reschedule, you could wait a long time need to show that you are prevented from attending
for a new datepossibly many months. If you must for reasons beyond your control. Im not ready is
reschedule, either go to the office where the inter- not an acceptable excuse. (If youre not ready, we
view was scheduled and explain the situation, or recommend that you attend, anyway; see below.)
write the office a letter. You can use the form letter, If you fail to appear at your initial interview and
below, as a guide: (Dont send the letter to the same take no other action, the INS will not reschedule
address that you first sent your applicationthats your interviewit will simply close your file.
an INS Service Center, and once it has transferred
Citizenship Unit
Dear Sir/Madam:
I am unable to attend the citizenship interview that you set for [date]. The reason is that [explain
your reason]. Please reschedule me for a later date. I can be reached at the address above, or by
telephone at [your number].
If your interview appointment arrives and you Then, simulate the interview at home. Have a friend
arent readythat is, you havent learned as much ask you each one of the questions.
English as you thought you would or you are having Be on the lookout for any mistakes or changes to
trouble remembering the exam questions and an- the information on the form. The officer at your in-
swerswe recommend that you attend anyway. For terview may ask near the beginning, Are there any
one thing, the interview might be easier than you changes to your application? Be prepared to pro-
think. Remember, the INS officer is supposed to vide correctionsmost changes are not a problem.
take into account any factors related to your educa- If, for example, you have had another child, be pre-
tion or age that would make the interview difficult pared with the childs exact name and a copy of the
for you. As well discuss in Section C below, youll birth certificate. If youve taken a trip outside the
get a second chance if you fail the exam portion of United States, memorize or write down the exact
the first interview, so, in that case, consider this first dates and other information that the N-400 asks for
interview as a practice round. regarding trips (and, of course, make sure that none
If, however, you are afraid to attend the interview of those trips broke the continuity of your U.S. stay;
because you now realize you are ineligible for citi- see Chapter 2, Section B2). If youve changed jobs,
zenship or are putting your green card at risk by it would be helpful to have a business card handy
continuing with your application, reschedule your showing your new employers name and address.
interview. (In your request letter, youll have to sim-
If you bring written material to your interview,
ply say that circumstances beyond your control re-
be prepared to share it with the INS officer. An
quire you to miss the scheduled interview.) Then
officer may ask to see any personal notes youve
consult with a lawyer immediately. If the situation is
brought to avoid suspicion that youve got the answers
serious enough, the lawyer may recommend that
to the U.S. history and government exam.
you withdraw your application, to remove it from
the INSs attention. Two particular changes to your Form N-400 could
have a serious impact on your citizenship chances:
If youve recently been divorced from the person
A. Final Preparation who sponsored you for a green card, see Chap-
The key to a successful interview is preparation. ter 1, Section A.
Hopefully, youve been studying English and U.S. If youve recently been arrested or done any-
history during the months leading up to the inter- thing else that would cause you to change your
view. Now, youll need to: answer on the questions in Part 5 of the Form N-
review your application 400 to yes, see an immigration attorney imme-
assemble the documents youll bring with you diately.
decide what to wear, and If either of the above are true, it may not only af-
make sure you know where youre going. fect your eligibility for citizenship, but your right to
remain in the United States.
1. Review Your Application and Note
Changes 2. What to Bring
You may be surprised at how much of your inter- Assemble the items on the list below. The INS of-
view is spent going over your written application, ficer may not ask for all of them, but its better to be
particularly Form N-400. The INS officer uses the over-prepared. Also take a look at the list of items
simple inquiries on your form such as Your current requested by the INS in your interview notice. Most
legal name and What is your current marital sta- of this list is boilerplatein other words, the INS
tus? to test your English and to confirm that the in- includes it on everyones letter, even if items on it
formation you have given is correct. Before the in- dont apply to you. Occasionally, however, the INS
terview, go over your copy of Form N-400 carefully. will identify something particular to your case that
you must bring.
THE INTERVIEW 8/ 5
You will see items on our list that the INS doesnt See 8 C.F.R. 312.4. The INS often uses AT&T tele-
request. Bring those items anywaythe INS officer phone interpreters for citizenship interviews. The
often asks for items without warning you before the AT&T interpreters will be on speakerphone and a
interview. little difficult to hear, so if you have a choice, you
Bring the following to your interview: might want to bring an interpreter. You dont neces-
green card sarily have to hire a professionala friend or rela-
photo identification, such as a drivers license tive who is older than 18 and fluent in both English
passport and any travel documents that the INS and your native language will do.
has issued to you, such as a reentry permit for a
Unless you are disabled or need an interpreter
trip of more than one year, and
and have arranged for this in advance, the INS
copies of your tax returns for the last three years
will not allow friends or family members at your inter-
(to show that youve paid taxes).
view. Any friends or family who accompany you will
If you meet any of the following conditions, bring
be required to sit in the waiting roomand the INS dis-
the items listed below:
courages this as well. See Chapter 7 regarding accom-
If you are a male and were required to register
modations for the disabled.
with the Selective Service, bring proof that you
did so.
If youre applying as a member of the military, 3. What to WearAnd What to Leave at
bring your discharge certificate or your form DD Home
214 Record of Separation.
Its improper for the INS officers decision about citi-
If you have young children who are in someone
zenship to be affected by your appearance, but its
elses care, bring proof that you have continu-
also hard to believe that its not a factorat least at
ously paid child support (such as cancelled
some level. Although we dont want to limit your
checks, bank records of your payments and a
ability to express your personal style, we recom-
copy of any court or government orders showing
mend that you dress neatly, professionally and con-
what you owe).
servativelyin short, look the way you might if go-
If you are married to a U.S. citizen and applying
ing for an important job interview.
after only three years, bring:
In any case, avoid wearing T-shirts or jewelry that
your marriage certificate
might make the officer wonder about your lifestyle
evidence that your spouse has been a U.S.
or morals. Weve known people who attended their
citizen for all of the three years, such as a
INS interview wearing a T-shirt that said S hap-
copy of his or her birth or naturalization cer-
pens! or a necklace with a gold marijuana leaf
tificate or U.S. passport
hanging from it. Those style decisions are likely to
proof that any of your and/or your spouses
distract the interviewer and lead to unwanted per-
prior marriages were legally ended, such as
sonal questions.
death or divorce certificates, and
proof that you are still living together, such as Remember the metal detector. When you go
rent receipts, joint credit card statements and into a federal building, youll be subject to a se-
other documents showing that you share your curity search. Dont carry anything that resembles a
home and finances. weapon, or youll have to check it with the security
If you qualify for and requested a waiver of the guard. (Of course, if it is a weapon, youll be arrested.)
English language requirements, youll need an inter- Dont suffer the same result as the author of this book
preter. Ask the INS office whether you can bring who lost her favorite Swiss Army knife when the INS
your own interpreter (allowed in some, but not all, door guards checked it in and then accidentally gave it
districts) or whether the INS will hire an interpreter. to another visitor.
8/ 6 BECOMING A U.S. CITIZEN: A GUIDE TO THE LAW, EXAM AND INTERVIEW
4. Know Where Youre Going When its your turn, an INS officer will call you in
to the inner office and very quicklyusually within
Why is that buses run late and parking spots are
20 minutes conduct the interview. In this section,
hardest to find on days when youre desperate to
we discuss what the officer will say and do during
get somewhere? Whatever the reason, make sure
those 20 minutes (Section B1) and the best ways for
you know how to get to the INS office listed on the
you to respond (Section B2).
letter and leave plenty of extra time to get there. Its
better to spend some extra time in the waiting room If youre disabled and asked for an immediate
than to arrive at the last minute in a panic, or worse, interview, dont put your notice in the box.
to miss your interview. Find an INS officer, and hand him your appointment
Also, keep in mind that the address on your ap- notice personally, and explain you have a disability
pointment letter may not be the central INS office and are requesting an immediate interview.
that youre accustomed to visiting. In some regions,
the INS has arranged for extra offices to handle citi-
zenship interviewsfor example, in the San Fran- 1. A Sample Interview
cisco Bay Area, some people are sent to the INSs A single INS officer will usually bring you to her
San Francisco District office, while many others are desk, to interview you. Dont sit down when you
sent to an office in Oakland that handles only citi- get therethe officer will probably want you to re-
zenship interviews. main standing until she tells you its time to sit
down. (As we explained in Chapter 5, your ability to
follow instructions is important in proving that you
B. The Interview speak English.) If the officer does not tell you her
When you get to the INS office, the usual procedure name, ask for it, and write it down or do your best
is for you to place your interview notice in a box to remember it (INS officers dont give out business
and wait for your name to be called. You may have cards). If anything goes wrong and you later need to
to wait a very long time since the INS often sched- consult with a lawyer, it will help if you can then
ules many people for the same block of time. tell your lawyer the name of the officer. Experi-
enced immigration lawyers often know the person-
alities of the various INS officers and that informa-
tion may assist in preparing your case.
First, the interviewing officer will ask you to stand
up, raise your right hand, and swear to tell the truth.
After that youll sit down and the officer will pro-
ceed with three tasks:
verifying the information on your Form N-400
determining whether you speak, read and write
English, and
testing you on U.S. history and government.
The tasks will flow togetherthat is, the officer
wont tell you this is step one, etc. To see how this
works, lets look at the script of a typical inter-
viewone in which the applicant did a good job of
Yale UniversityNew Haven, Connecticut
handling herself. Because the applicant speaks En-
glish well and has a college education, the INS of-
ficer gave her more difficult questions than would
be given to someone with less ability.
THE INTERVIEW 8/ 7
INS: Right this way, please. Remain standing. Now INS: Thank you. [Officer writes the information from
raise your right hand. Do you swear that during the birth certificate onto the application.]
todays interview youll tell me the truth, the whole
INS: Have you ever failed to file your federal income
truth and nothing but the truth?
taxes?
Applicant: Yes.
Applicant: Im sorry, could you say that in another
INS: You may sit down. May I see your green card way? I didnt quite understand it.
and photo identification?
INS: Have you ever failed to send the IRS an annual
Applicant: Yes, here they are. tax form and any payments owing?
INS: Okay, what is your full name? Applicant: No, that is, Ive paid taxes every year
since Ive been here.
Applicant: My name is Xena Nassopoulous.
INS: Did you bring copies of your tax returns today?
INS: I see here that you want to change your last
name to Nassbaum, is that right? Applicant: Yes, here they are.
Applicant: Yes, Im married and my husband and I INS: Your application form says that you are a mem-
want to invent a last name by combining our two ber of Amnesty International. Are you involved in
names. any other groups or organizations?
INS: All right, thats fine, your name will be changed Applicant: Not formally. I attend religious services
at the swearing-in, if youre approved today. with my husband sometimes, and I contribute to
some charities, but Im not really a member of any-
INS: What is your address?
thing else.
Applicant: I live at 459 Gooseberry Drive, in Jay,
INS: Have you ever been a member of the Commu-
Vermont.
nist Party?
INS: When and where were you born?
Applicant: No.
Applicant: I was born in Greece on July 12, 1972.
INS: [Reviews the rest of the questions on Part 10 of
INS: You say on your application that youve taken the N-400; Xena answers No to all of them. The
only two trips outside the United States since you INS officer opens the results of her fingerprint check
became a permanent resident in 1994. Is that true? with the FBI and confirms that Xena has no record of
Applicant: Yes, I just took two trips home to Greece. criminal or INS violations.]
INS: Are you sure? What about short trips to Mexico INS: Now Ill ask you a few questions about U.S. his-
or Canada? tory and government. What do the stripes on the
U.S. flag mean?
Applicant: We live near the Canadian border, so we
sometimes go visit there for a day. But weve never Applicant: They represent the thirteen original states.
spent a night there. [Correct.]
INS: What is your husbands name? INS: Can you name the thirteen original states?
Applicant: His name is Ernest Birnbaum. Applicant: Connecticut, New Hampshire, New York,
Massachusetts, Pennsylvania, Delaware, Virginia,
INS: Are there any changes to the rest of the per-
North Carolina, South Carolina, Georgia, Rhode Is-
sonal information on your application? land and . . . and . . . oh dear, I can never remember
Applicant: Yes, my husband and I had a daughter the last one. [Incorrect: Xena forgot Maryland.]
last year, named Artemis. Here is a copy of her birth
INS: What is the name of the ship that brought the
certificate. Pilgrims to America?
8/ 8 BECOMING A U.S. CITIZEN: A GUIDE TO THE LAW, EXAM AND INTERVIEW
Applicant: The Mayflower. [Correct.] Dont get tripped up on the tax question. In the
example above, Xena got confused when the
INS: Which President freed the slaves?
interviewer asked if shed ever failed to file her in-
Applicant: Abraham Lincoln. [Correct.] come taxes. In fact, that question confuses a lot of
INS: What is the Constitution? people, and under pressure people cant always puzzle
out whether yes or no is the right way to answer it.
Applicant: The supreme law of the land. [Correct.]
If you have always paid taxes, simply answer, I have
INS: Name one right guaranteed by the First Amend- always filed my income taxes.
ment.
Applicant: Freedom of the press. [Correct.] 2. Interview Tips
INS: Who is the governor of our state, Vermont? For you, the interview may be one of the most im-
Applicant: Howard Dean. [Correct.] portant events of your life. But keep in mind that, to
the INS officer who is at work, youre just one per-
INS: Okay, youve answered six correctly, thats son in a long day full of people. That doesnt mean
enough. Now take this pencil and write the sen- the officer doesnt care about youbut in order to
tence, She is my daughter, and he is my son. maintain efficiency, the officer will appreciate it if
[Xena correctly writes the sentence.] youre prepared, organized and professional. Wait
for the officers questions and answer them as
INS: Please read this passage of text.
briefly as you can while still using full sentences.
[Xena correctly reads the passage.]
If you dont understand a question, ask the of-
INS: Do you believe in the U.S. Constitution? ficer to rephrase it. Rather than guessing at
Applicant: Uh huh. what the officer is sayingwhich could get you into
troublesimply say, Im sorry, could you repeat that
INS: Please state Yes or No clearly. using different words? In fact, the INS has instructed
Applicant: I meant, yes. officers to repeat and rephrase questions until the of-
ficer is satisfied that the applicant either fully under-
INS: Are you willing to take the Oath of Allegiance?
stands the question or does not understand English.
Applicant: Yes.
INS: If the law requires it, will you fight and defend a. Avoid Putting on an Act
the United States, or assist those who do?
Some immigrants cynically conclude that they can
Applicant: Yes. win the officers favor through tactics like personal
INS: Thats all for today, Im going to approve your compliments or pro-American statements. Telling
application. Please sign here, and take this sheet ex- the officer, My, thats a lovely outfit youre wearing
plaining when youll be called for the swearing-in today is unnecessary, and could seem like an effort
ceremony. at distraction. One applicant showed up for his INS
interview wearing a tie covered with U.S. flags and
Applicant: Thank you!
peppered the interview with comments about
INS: Congratulations, and good bye. Americas greatness. (The interviewing officer obvi-
ously felt that the applicant was pushing this too
far.) The INS certainly wants you to act courteously
and be supportive of the United States, but self-serv-
ing speeches are a waste of the officers time and an
insult to her intelligence.
THE INTERVIEW 8/ 9
b. Honesty Is the Best Policy If you deal with an irate officer who demands in-
formation or documents that you dont have on
One of the worst things you can do at your inter-
hand, ask to either reschedule the interview or to be
view is to lie. If youre caughtand the INS has a
allowed to submit supplemental documents by mail.
surprising number of ways at catching people in
The latter approach may avoid having an angry of-
liesthe effect on your application may be devastat-
ficer making a final decision on the spot. (Hopefully
ingfar worse than if you had told the truth. Even if
by the time he receives your follow-up materials, he
youre caught years later, your citizenship can be
will have cooled down.)
taken away at that time.
If you believe that an INS officer behaved im-
On the other hand, dont view the INS office as a
properly, write down as many details as you can re-
confession booth. Only answer what you are asked
member of the interview, while its fresh in your
and avoid volunteering information unless it is
mind. Then consider consulting an attorney about
needed to better understand the information pro-
your experience to learn what you can do to im-
vided on the application.
prove the INSs reaction to your application. Even if
you dont speak to or hire a lawyer, you can write a
c. Present Yourself Confidently
letter to the INS office. INS supervisors assume that
In some cultures it is impolite to look someone in officers act appropriately unless you tell them other-
the eyes when you speak. Thats not the case in the wise, so alert the supervisor to the any inappropri-
United States, where looking away or at the floor ate behavior and ask that the supervisor consider
are often perceived as a sign of deception. At your the officers conduct when making his or her final
interview, look straight at the officers eyes when review of your case.
the two of you speak. (If you find this difficult, try
looking at the officers forehead or nose.) Speak Example: At Johans interview, the INS officer
confidently and if possible, try to relax. Think posi- barrages him with personal questions, such as
tive! The INS officers are usually pleased to meet why he got divorced, what he did wrong to
someone like yourself who has prepared the paper- drive his wife away, why people of his religion
work carefully and studied hard. always have so many children, and finally, why
he isnt paying child support. Although Johan
explains that the court did not require him to
C. If the Interview Goes Badly pay child support and his wife makes a better
income than he does, the officer denies his ap-
Although a good number of INS officers are helpful
plication on moral character grounds. Johan
and interested in seeing you become a citizen, you
writes a letter asking the supervisor to consider
may run into one whose manner is rude or hostile.
the officers hostile and discriminatory attitude
First, remember that its probably not personal.
and overturn the denial.
Some INS officers become jaded and cynical after
years of investigating fraudulent citizenship claims.
You have the right to file a formal complaint
Second, try not to get angry. Remain respectful
against an INS employee. In an attempt to im-
and answer honestly if you dont know or remem-
prove its image, the INS has established a procedure for
ber something. You might encounter an officer who
filing complaints. Filing a complaint will not hurt your
makes irrelevant or unfounded accusations, acts in a
casethe INS will not retaliate and the office you com-
discriminatory manner based on your race or gen-
plain to is well-removed from your file in Washington,
der, becomes uncontrollably angry or persists with a
D.C. To file a complaint use Form I-847 (included in
line of questions or statements that is completely
the Appendix). Send it to the Director, Office of Internal
inappropriate. If any of these things happens, po-
Audit, U.S. Immigration and Naturalization Service,
litely ask to see a supervisor before continuing with
425 I St. NW, Room 3260, Washington DC 20536.
the interview. Explain the situation to the supervisor
and ask her to intervene or reschedule you with a
different officer.
8/ 1 0 BECOMING A U.S. CITIZEN: A GUIDE TO THE LAW, EXAM AND INTERVIEW
Form I-847 is available as a tear-out in Appendix you a chance to provide follow-up documents rather
C and can be downloaded from the INS website than deny your citizenship. In some cases, the office
(www.ins.gov). may need to think about your case before making a
decision.
If the officer doesnt make a decision on your
D. Approval or Denial: Whats Next? case at your interview, you are supposed to receive
a decision within 120 days of your interview. How-
If all goes well at your interview, the officer will tell
ever, as with all INS responses, you may have to
you that youve been approved and may hand you a
wait longer than expected. If the officer requested
piece of paper with information about your swear-
more documents, the time period for the decision
ing-in ceremony. (Most INS offices notify you about
may get dragged farther into the future.
the swearing-in ceremony by mail.) Either way,
If you arent scheduled for a follow-up interview,
youre one or two months away from citizenship.
you will get your approval or denial by mail. If you
If the interview goes badly, the officer may deny
are approved, see Chapter 11 for details on the
your citizenship application on the spot. If the basis
swearing-in ceremony and your new rights as a citi-
for denial was that you failed the English or U.S. his-
zen. If you are denied citizenship, see Chapter 9 for
tory and government exam, youll automatically get
information on how to appeal the decision.
a second-chance interview. If there is some other
problem regarding your case, the officer may give
C H A P T E R
However, you should think twice about your next the last six months, put them in chronological (date)
step if: order. If you dont believe the officer can tell from
you dont understand the reason for the request, looking at a document what it is or why its impor-
or tant, add a post-it note or a cover letter. For ex-
the request implies that the officer has serious ample, if the officer asked for evidence that you re-
doubts about your eligibility for naturalization or turned to the United States before August of 2002
even for a green card. and you include photos of yourself at a July 4th bar-
If you cant understand why the officer requested a becue in Cincinnati, make sure the photos are dated
specific document, you should not furnish the docu- and that you are clearly recognizable in them.
ment until your attorney has reviewed the request. The first item in your document packet should be
You may make a serious error furnishing a docu- a copy of the INSs written request for documents. A
ment affecting your right to stay in the United separate cover letter is not usually necessary, though
Statesfor example, providing a certificate from adding one would be helpful if the documents are
your home country saying that you were convicted not self-explanatory. (A cover letter, if you include
of child abuse will get you a quick denial and a it, should go second in the packet.) Then add copies
plane ticket home. The same is true for requests that of the documents themselvesremember, send
cast doubts on your right to citizenship. For ex- originals only if you dont need them back ever.
ample, if you were divorced from the spouse Make a copy of everything, for your records.
through whom you got your green card, brought
documents to prove that the marriage was bona fide 3. Documents by Mail
but are now being asked for more such documents,
Youll find the mailing address to which youll need
you may have a problem. The INS officer may be-
to send the documents on the INS officers written
lieve that youve committed marriage fraud. Instead
request. (It will be the same office as where you had
of just putting some more documents in the mail
your interview, not the office to which you origi-
and hoping for the best, consult an attorney to get
nally submitted your Form N-400 citizenship appli-
to the root of whats bothering the INS.
cation.) Always add the officers name to the letter
Of course, if you just ignore the officers request
or, if you werent given his name, include your A-
for documents, your citizenship application will be
number in the letterso that your letter will be put
automatically denied.
on the correct officers desk. Use certified mail with
a return receipt requested. Certified mail is espe-
2. Preparing Documents cially important at this stage, since delays are com-
The INS officer may give you an exact description of mon and you may need evidence of the date when
the documents he wants to seesuch as a letter you submitted your documents in order to follow up
from the IRS saying you owe no taxesor he may with the INS. Or, for potentially faster service, use
leave the exact choice of documents to your imagi- an overnight courier service such as Federal Express
nation. If, for example, the officer requests docu- or DHLunless the INS address is at a Post Office
ments to prove your good moral character for the box, in which case these services cannot deliver.
last five years, youll have to decide what docu-
ments will serve this purpose. (In Chapter 2, Section 4. The Decision
D, we describe suitable documents concerning good
Sometimes the INS officer will make a decision
moral character.)
within a few weeks of your sending in your docu-
After youve gathered the necessary documents,
mentsother times it could be months. If three or
put them together in an orderly manner. Each docu-
more months pass and you havent heard from the
ment must be readable and contain your name or
INS, write an inquiry letter and send it to the same
other identifying information. If there are any items
officer and address to which you sent your docu-
that belong in a series, such as your paychecks over
ments.
DENIALS, APPEALS AND REPEAT INTERVIEWS 9/ 5
After the INS officer decides, you will be notified ever, if your denial resulted from your own actions,
by mail. If the decision is favorable, congratula- reapplying is more appropriate (after correcting the
tionsyou can move on to Chapter 11, which de- problem).
scribes your swearing-in ceremony and your new
Example 1: During her citizenship interview,
rights as a citizen. If the decision is negative, see
Olga told the INS officer that, during a period of
Sections E and F, below, to help you decide whether
unemployment, she had regularly eaten dinner
to appeal or start over and file a new application.
at a church soup kitchen. The officer took this
as a sign of bad moral character and denied
C. Choosing to Appeal or Reapply Olgas application. However, since Olga was not
at fault in being unemployed, and eating at a
If your citizenship application is denied, you will
soup kitchen is perfectly legal, the officers deci-
receive a written explanation from the INS as to
sion was wrong. Olga should appeal the denial.
why, along with information on how to file an ad-
ministrative appeal.
Example 2: When preparing his application,
You should seek legal assistance if:
Fyodor included the proper dates of travel on
the reason for denial is confusing
his form, but he miscalculated when adding up
the reason for denial is difficult for you to over-
the time spent abroad. At the interview, the of-
come on your own, or
ficer determined that Fyodor had actually spent
the INS has indicated that it will refer you to Im-
more than one year outside the U.S. and had
migration Court for deportation proceedings.
therefore broken the continuity of his U.S. stay.
In these instances, the stakes are too high for self-
Fyodor was ineligible for citizenship and had no
help efforts. Consult an attorney.
basis on which to appeal. (Chapter 2 explains
If, however, you believe that with a minimum of
how to deal with such problems in order to re-
time and effort you can win your casefor ex-
apply.) If the INS officer believed that Fyodor
ample, you suddenly discover a document that
had lied on his application, or was deliberately
could prove your foreign trip lasted less than a
concealing information, Fyodor would need an
yearthen continue reading.
attorneys help before reapplying.
Before filing an appeal, youll need to consider
two things: As noted, you can only appeal if you can demon-
whether you have any basis on which to appeal strate that the office erred when denying your citi-
(see Section C1, below) and zenship application. Therefore, if you didnt study
whether filing an appeal is any better than start- for the U.S. history and government exams before
ing over and reapplying (see Section C2, below). your first two interviews, you shouldnt look at an
appeal as your third chance. Similarly, if you arent
1. Determining If You Have a Basis for eligible for citizenship and didnt realize this at the
Appeal time you submitted your application, an appeal is
not the way to cure the problem.
Before filing an appeal, you need to determine if
If you dont have strong grounds for an appeal
you have a basis for appealing the decisionthat is,
and youre not sure whether you would prevail, the
you must be able to demonstrate that a mistake was
wisest course is to file a new application for citizen-
made and that you are eligible for citizenship. Keep
ship, as described in Section F, below.
in mind that appeals are only appropriate when you
believe that the INS officer who interviewed you
2. Appeal or New Application?
made a mistake or acted inappropriately. For ex-
ample, if the officer confused your belief in com- As mentioned above, an appeal is not your only op-
munes with a belief in communism, an appeal is a tion. You can, if you wish, skip the appeal and re-
fine way to ask that the error be corrected. How- apply by submitting a new N-400 application (see
Section F, below).
9/ 6 BECOMING A U.S. CITIZEN: A GUIDE TO THE LAW, EXAM AND INTERVIEW
For many people, the most important factor to If you receive your notice by mail, your appeal no-
consider when making this decision is the length of tice must be sent with 33 days of the date on the
time each option will take. Theres no blanket rule INS letter, because the INS presumes that you re-
regarding which will take less timean appeal or a ceived its letter within three days after mailing.
new applicationbecause the answer will differ de- In order to persuade a second (or third) INS officer
pending on the INS district in which you live. In to view your case positively, we recommend that you
some INS districts, applicants rarely file appeals be- include a standard appeal form and an accompanying
cause the INS consistently takes longer to act on sworn statement and supporting documents.
them than it does to call applicants in for a new in- The necessary and recommended paperwork for
terview. You can find out about the INSs timing on filing an administrative appeal includes:
your own by doing a little legwork. Talk to the staff INS Form N-336, Request for a Hearing on a De-
at local nonprofits serving immigrants and refugees, cision in Naturalization Proceedings Under Sec-
or visit your local INS office and ask in person. If tion 336 of the Act (see line-by-line instructions
you determine that youll wait longer for your appeal in Section D1, below)
interview than for a new interview (after reapplying), fee (currently $195, but check for changes on
its probably better to reapply. This may not be the the INS website (www.ins.gov). Click INS
case, however, if youre one of those people who Forms, Fees and Fingerprints, then click Forms
want a long time to pass before the interviewfor and Fees, then Forms, Fees and Filing Loca-
example to get the maximum time to learn English tions Chart and scroll down to the line showing
or to make sure that ten years have passed since Form N-336the current fee will be listed on
their involvement in the Communist Party. Another this chart.) Send a personal check or money or-
factor to consider is cost. Youll pay less for filing an derdo not send cash
appeal (currently $195) than for filing a new citizen- documents to overcome the basis for the denial
ship application ($310, including fingerprints). (see Section D2, below), and
A final factor in deciding whether to appeal or your sworn statement to overcome the basis for
reapply is your relationship with the INS. If you file the denial (see Section D3, below).
a new N-400 application, the dynamics between you Youll also need to choose whether or not to ap-
and the INS will change. Youre no longer trying to pear in person, as described in Section D4, below.
prove that the INS was wrong, and the INS is no
If someone else pays by check for you, make
longer trying to prove you shouldnt be a citizen. By
sure that your name and A-number appear on
reapplying, youll start over with a different inter-
the line at the lower left of the check. That way if the
viewer and an application specially tailored to deal
check gets separated from your application, the INS will
with the problems that previously sank your appli-
be able to trace it and you wont have to pay twice.
cation. (You wont, however, be able to hide the
previous citizenship application from the new inter-
viewing officer.) For information on reapplying, see
1. Completing Form N-336
Section F, below. Form N-336a one-page formis the only form
youll need to fill out for your appeal. As with all
INS forms, its best to type the information. If thats
D. How to Appeal not possible, write clearly, using black ink.
If you choose to go the administrative appeal route,
Form N-336, pictured below, is available as a
you must act quickly. Your appeal notice is due at
tear-out in the Appendix to this book. You can
the INS within 30 days of the date your citizenship
also get it from the INS by calling 800-870-3676, by
was denied. (The date you were denied is shown on
visiting a local INS office or the INS website (where you
your written denial notice.) Some applicants receive
have a choice of printing the form out or downloading
this notice in person, on the day they were inter-
it and filling it out on your computer).
viewed, while others receive it by mail from the INS.
DENIALS, APPEALS AND REPEAT INTERVIEWS 9/ 7
When completing Form N-336, follow the line-by- Question 3: This question asks whether youll be
line instructions below. Although the form is easy to turning in this form by itself or will be adding a
complete, we recommend that you make a copy be- separate brief, statement and or evidence. (A brief
fore entering information. That way you can use one is a legal memo explaining how the law supports
as a draft and one as a final version. your case.) Chances are good that youll need to
Box above Question 1: This section is for the INS submit some sort of evidence or statement to sup-
dont write anything here. port your appeal, as discussed in Section D2, below.
Question 1: Enter your full name, exactly as you If at all possible, get the evidence ready in time to
entered it on your Form N-400. (The exception would submit it with this form and check the second box.
be if your name has changed since then, for example If you need more time, check the third box and
through marriage or divorce. In such a case you indicate how much time youll need. Thirty days is
should attach a document that explains this, such as a the standardif you ask for more, the INS will want
marriage or divorce certificate.) a solid explanation (such as I am asking the Inter-
Question 2: Enter the date your citizenship applica- nal Revenue Service for a tax transcript, but am told
tion was denied. If the date was more than 30 days ago that its turnaround time is six weeks). Attach a
(or 33 days if the decision was mailed to you) you can statement (with your name and A-number at the
stop now, because youve already lost your chance to top) explaining why you need the amount of time
appeal. (See the paragraph at the opening of this Sec- youve requested.
tion D, above.) Your only option is to reapply for citi- Question 4: Enter your name, address, signature
zenship, as described in Section F, below. and the date.
9/ 8 BECOMING A U.S. CITIZEN: A GUIDE TO THE LAW, EXAM AND INTERVIEW
DENIALS, APPEALS AND REPEAT INTERVIEWS 9/ 9
Question 5: If you can adequately explain in The above list doesnt include videotapes. The
these few lines your reason why you believe the INS INS officers rarely have a time or place to view
made the wrong decision, do so. If, as is more videotapes, so theres no point in sending them.
likely, you cant fit your argument into this space,
After youve made your own list, put check marks
write please see attached statement and follow the
next to the five or six strongest, most convincing
instructions in subsection D2, below.
items. The idea is to give enough information to be
convincing, but to avoid burying the INS in a moun-
2. Preparing Supporting Documents tain of paperwork.
As you may have noticed, INS officers love docu- Looking at Saras list above, which entries strike
ments. A convincing document in your file gives the you as the most convincing? We believe the stron-
INS officer an outside authority on which to base deci- gest document is the last onemedical records from
sions and a defense against doubting supervisors. Un- the fertility specialist. This document is almost
less the basis of your appeal involves something that enough by itself, because it is from an independent,
cant be proven on papersuch as your English abil- outside source; it was created for a separate pur-
ityassemble documents that will prove your point. pose, not just for sending to the INS; and it shows
To organize your ideas for documents, get a that Sara and her husband were attempting to have
piece of scratch paper and write down every docu- children togethera classic sign of a real marriage.
ment youve thought of that might help your case. The records from the counselor are also excellent
For example, lets take an applicant named Sara, evidence, for similar reasons.
who is trying to convince the INS officer that her All of the other entries on Saras list are good
marriage to the spouse who got her a green card ideas, however. Given the strength of the other
was not a sham. Sara might write up the following documents this applicant will obtain, she might
list of potential supporting documents: choose to drop the idea of bothering the neighbors
for sworn statements.
You arent limited in the type or number of docu-
Saras List of Possible Documents
ments you can present during your appeal. If there
my sworn statement were gaps in your previous documents or other evi-
photos of me and my husband on summer dence, you now have an opportunity to fill them.
vacation in Mexico Think creatively about what documents will most
letters from friends addressed to both of us convincingly show that the INS got its facts wrong.
sworn statement by neighbors saying that they Letters or records from official, trustworthy sources
saw us sharing the house, taking out the gar- such as doctors, government officials or schools are
bage, barbequing together, etc. the best. See, for example, the list of documents in-
copies of records from meetings with marriage cluded in the Sample Statement in Support of Appeal
counselor in Section D3, below. This person was able to show
copies of bills and receipts sent to our address that, although the INS may not have believed that his
in both our names, and trips to Canada lasted less than 24 hours, he had in-
medical records from fertility specialist show- dependent confirmation from his credit card com-
ing that we were both tested to find out why I pany, a hotel and a kennelnone of whom would
hadnt gotten pregnant yet. be expected to lie for him. He also included a sworn
statement from a friend. The friends statement is
weaker evidence, but when added to the rest, it per-
suasively rounds out the picture.
9/ 1 0 BECOMING A U.S. CITIZEN: A GUIDE TO THE LAW, EXAM AND INTERVIEW
If you use letters or sworn statements from friends 3. Preparing a Sworn Statement
and relatives, make sure they include as much detail
INS Form N-336 provides only a few lines in which to
as possible and are signed. For example, having
explain the basis for your appeal. Its possible your
your husband say in a letter that, I swear that my
case is so simple that it could be explained within
wife has never abused drugs, is not strong evi-
these few linesbut its not likely. Avoid summariz-
dence, by itself. However, he will provide a more
ing your reasoning into something cursory like, I de-
convincing statement if he writes, I swear that my
serve citizenship and my case should be approved.
wife has never abused drugsin fact, shes so op-
Instead, use a separate page or two in which to fully
posed to unnatural chemical substances that I have
explain why the INS was wrong and you truly de-
to beg her to take an aspirin when she has the flu.
serve U.S. citizenship. Write your statement in plain
In Chapter 2, we provide a sample letter by a
English and avoid legal-sounding language.
friend or relative. This sample was written for some-
In addition, you can use this statement as a way
one attempting to prove her good moral character
to summarize and explain the documents that
for her original application and such an issue might
youve enclosed in support of your appeal. Look at
also come up on appeal. The sample shows an ap-
the sample statement below for ideas on formatting
propriate letter format and level of detail. To make
and the appropriate level of detail, then write your
the letter more legally convincing, the writer can
own.
turn it into a sworn statement by adding the follow-
You might be wondering why, if the INS already
ing language at the bottom (see Section D3, below
doubts your right to citizenship, would it take your
for a full sample of a sworn statement, which can be
word on appeal and grant you citizenship? Obvi-
tailored for use by a friend or relative):
ously, if youve lied to the INS or another govern-
I swear, under penalty of perjury, that the con-
ment official in the past, the INS will look skepti-
tents of the foregoing statement are true and correct
cally at your sworn statement. But it is not always
to the best of my knowledge.
possible for an applicant to come up with a docu-
Its always a good idea to start with your own
ment that covers every relevant life issue, and the
sworn statement, explaining the situation and giving
INS knows it. The INS officer will carefully consider
an overview of the documents youre presenting.
your sworn statementcheck it for detail, complete-
Well discuss how to prepare a sworn statement in
ness and internal logicand then potentially give it
Section D3, below.
great weight in deciding on your case.
A#87654321
Dear Sir/Madam:
I am requesting an appeal of my citizenship application because the INS officer who heard my case made
a mistake. I explained during the interview that I had not entered my trips to Canada on the N-400 appli-
cation form because none of my trips were for longer than 24 hours. The officer assumed that I was lying
and denied the application.
I do not understand why the officer believed that I was lying. My INS file shows I have always been truth-
ful in my dealings with INS and other government officials and I am telling the truth in this instance.
Though it may seem unlikely that I would never stay in Canada for more than 24 hours, the fact of the mat-
ter is that I only drive up there for the purpose of meeting an old friend for dinner at our favorite restaurant.
I stay the night at a hotel afterwards and return the next morning. Also, I hate to stay away too long, since
my dog Richie suffers greatly during my absences and the kennel is expensive.
In fact, I can prove that my trips to Canada were short ones. Enclosed please find the following:
credit card bills showing purchases of gas and other items north and south of the Canadian border be-
fore, during and after each of my brief trips
a letter from the friend with whom I have dinner confirming our regular meetings
a letter from the hotel where I always stay showing the dates of all my stays over the past five years and
confirming that Ive never stayed for more than one night, and
a sworn statement from the kennel that boards my dog Richie while Im away, confirming that, on all
the dates of my Canadian trips, I picked up Richie within 26 hours (the two extra hours represent the
time it takes to get from the Canadian border to the kennel).
Thank you for this opportunity to clarify matters and to show my eligibility for U.S. citizenship.
Ercan Bensusan
Ercan Bensusan
9/ 1 2 BECOMING A U.S. CITIZEN: A GUIDE TO THE LAW, EXAM AND INTERVIEW
While youre at it, review your INS interview in your In these cases, you should not reapply until the
mind. Was there anything about your application appropriate length of time has passed.
that bothered the INS officer? If, for example, an of- In terms of procedures, your new application
ficer had trouble reading your handwriting, it would wont be treated any differently than your previous
probably be worth typing the application this time application. You will wait the same length of time
around. and will be randomly assigned an INS officer for
Some applicants wonder whether they should wait your interview. On the other hand, your old file will
a while to reapply, to give their case a rest. Given not be forgotten. The INS officer will have a chance
the many months or years youll wait for your inter- to review your old citizenship application before
view and the strong likelihood that your case will be making a decision concerning the new one. So dont
interviewed by a different INS officer, there is no ad- view your new application as an opportunity to hide
vantage to waiting. The only reasons to wait are: past problems with your application.
you need extra time to prepare for the exams, or There is no limit on how many times you can re-
you were denied for a time-sensitive reason, apply for citizenshipbut we sincerely hope that
such as failure to complete probation or failure you wont have to put this rule to the test!
to show a sufficient number of years with good
moral character.
C H A P T E R
10
may misunderstand your inquiry or misstate the law. ness in disguiseand charge you the same rates as
Even if the advice is accurate, language barriers may an attorney would, for possibly substandard ser-
cause you to misinterpret the information. Whenever in vices. The INS cant guarantee that the organizations
doubt as to a legal course of action, seek your on its list are reputable, but usually if a group is on
attorneys opinion, not the advice of an INS officer. the list its because its fairly establishedin other
words, it wont pick up and disappear tomorrow.
Another good resource is the American Immigra-
B. Make a List of Prospective tion Lawyers Association (AILA). Contact them on
the Internet at www.aila.org or call 800-954-0254.
Attorneys AILA offers a lawyer referral service and its member
Immigration law is a specialized area with many lawyers have passed a screening process, which
subspecialties. So, you will need to find a qualified keeps out less scrupulous practitioners. On the other
immigration lawyersomeone whose practice is hand, dont reject an attorney just because he or she
concentrated in the area of immigration and who is not an AILA member. Membership is pricey and
has experience dealing with the INS. not all good immigration lawyers have joined.
Youre most likely to find a reliable attorney by To avoid making the wrong choice:
asking a trusted person for a referral. You probably Dont open the telephone book and pick the im-
know someone in the United States who is sophisti- migration lawyer with the biggest advertisement.
cated in practical affairs and has been through an The size of the ad has nothing to do with the
immigration process. Perhaps this person can rec- qualifications of the attorney.
ommend his or her lawyer or can ask that lawyer to Dont rely on bar association referral panels
recommend another. (lawyer listing services run by groups of law-
Local nonprofit organizations serving immigrants yers). Such services tend to place lawyer-mem-
can also be excellent sources for referrals. A non- bers on their lists without screening them as to
profit organization is a charity that seeks funding whether theyre qualified to handle cases such as
from foundations and individuals to help people in yours.
need. Since they exist to serve others rather than to Once you have a list of a few good lawyers, meet
make a profit, they charge less and are usually or talk to each and choose one. Well talk more
staffed by people whose hearts and minds are in the about lawyers fees below.
right places.
Most nonprofits keep lists of lawyers whom they
know do honest immigration work for a fair price C. Avoid Sleazy Lawyers
or the nonprofit itself may be able to take your case, Some immigration attorneys are candidates for saint-
if you have a low income. In the immigrant services hoodthey put in long hours dealing with a diffi-
field, examples of nonprofits include the Albuquer- cult bureaucracy on behalf of a clientele that typi-
que Border City Project (New Mexico), Northwest cally cant pay high fees. Unfortunately, some immi-
Immigrant Rights Project (Seattle), El Rescate Legal gration attorneys are a nightmareand there are
Services (Los Angeles), Public Advocates (Los Ange- more than a few of them. Their practice is based on
les), the International Institutes (nationwide) and high-volume, not quality and they churn out the
Catholic Charities (nationwide). same forms for every client regardless of the situa-
For a list of INS-approved nonprofits, ask your tion. These lawyers can get you into deep trouble
local INS office or Immigration Court or check the by overlooking critical issues in your case or failing
INS website (www.ins.usdoj.gov/graphics/lawsregs/ to submit applications or other materials on time.
advice.htm). If you hope to use the services of a One thing they never seem to forget is to send you
nonprofit, you dont need to use one from the INS a huge bill for their supposed help. Some signs to
list, but it may be wiser to do so. Some nonprofits watch for are:
may be unscrupulous or may be a for-profit busi-
10/ 4 BECOMING A U.S. CITIZEN: A GUIDE TO THE LAW, EXAM AND INTERVIEW
The more experience the lawyer has, and the 3. Access to Your Lawyer
more detailed the answers, the better. A lawyers
A lawyers accessibilitythat is, whether its easy or
expertise in immigration law is not something that
hard to reach him or hermay be tough to judge
can be gained from reading law books alone. An
before you make your hiring decision, but some fac-
experienced lawyer is more likely to anticipate and
tors may give you an indication. For example, listen
know how to deal with problems than a novice and
to the lawyers receptionist as you wait in the office.
will know the procedural quirks of the local INS of-
If the receptionist is rude, pushing clients off or giv-
fices. This doesnt mean you should avoid a lawyer
ing flimsy excuses about why the lawyer hasnt re-
who is new to the professionjust make sure she
turned their calls, dont hire that lawyer. In your first
comes recommended by other immigration lawyers
meeting, ask the lawyer how quickly he or she will
and her fees are reasonable compared to more ex-
normally get back to you. If the lawyer regularly
perienced attorneys.
breaks his or her promise, youll have grounds on
If you choose a novice immigration attorney, which to complain. Of course, you also have a re-
youre better protected if the new lawyer shares sponsibility not to pester your lawyer with frequent
an office with more experienced immigration lawyers calls.
who can provide backup advice.
4. Explaining Services and Costs
2. Client Rapport Toward the end of your consultation, the lawyer
should explain the charges for handling your case
Dont assume that you should find the meanest,
from start to finish. Make sure you understand ex-
toughest shark to fight for your case. This ap-
actly what is and is not includedfor example, the
proachthough common in some types of litiga-
fee probably wont include filing an appeal. (This
tionisnt necessarily the best choice in immigration
should be made clear. Ask whether the lawyer is
matters. You may need to share some highly confi-
willing to handle appeals if necessary.) Hiring an
dential information with your lawyer and youll want
attorney is a business arrangement, so ask questions
someone who is discreet and thoughtful. Also, real-
and negotiate. We talk about typical fee structures in
ize that a lawyers politeness goes a long way with
subsection a, below.
immigration officials and sharks often produce a bu-
In addition to fees, you will probably be respon-
reaucratic backlash. Lawyers with a sense of deco-
sible for paying the lawyers expenses for handling
rum and civility are more likely to enjoy a good
your casefor example, photocopying, postage,
working relationship with the INS.
transportation and parking during your INS inter-
No matter what type of legal problem you have,
view. In some cases, these expenses may mount
dont expect your lawyer to make all your decisions
quicklyfor example, charging per page for copy-
for you. There are many situations in which the law
ing your paperwork or faxing it to an INS office.
doesnt provide clear guidance and you, not your
Make sure you are clear about what will be charged
attorney, will have to make the final decision about
for each expense. Some lawyers have been known
your course of action. For example, if youve been
to turn a tidy profit by charging, for example, 20
outside the United States for a year and are worried
cents a page for a photocopy job that cost them
that applying for citizenship will cause you to lose
only three cents a page. If the charges seem unrea-
your green card, the lawyer cant decide whether
sonable compared to other attorneys, dont choose
you should take the risk of applying. A good lawyer
that lawyer.
will accurately describe the legal paths that are
Cost is important but its only one factor in choos-
available to you, but will ask you to make the final
ing your lawyer. If youve got a complicated case,
decision.
and youve found an experienced lawyer who youd
like to handle it, paying that lawyer a little more will
10/ 6 BECOMING A U.S. CITIZEN: A GUIDE TO THE LAW, EXAM AND INTERVIEW
be worth the investment. However, dont assume b. If You Cant Afford Legal Fees
that a higher rate means a better lawyer. Some attor-
If the fees you are being quoted are beyond your
neys who charge less may be keeping their over-
reach but you definitely need legal help, you have a
head low or may be philosophically opposed to
couple of options:
charging high fees. A fee thats far less than others
arrange a work-splitting arrangement with an at-
have quoted you, however, may be a sign of a non-
torney, or
lawyer attempting to pass himself off as an attorney
obtain low-cost help from a nonprofit organiza-
(see, When Non-Lawyers Offer Immigration Assis-
tion.
tance, below). Get as much independent informa-
In a work-splitting arrangement, the lawyer con-
tion as you can about the quality of the lawyer you
sults with you solely about the issue causing you
hope to hireand then decide whether the fee is
difficulty, reviews a document or performs some
affordable and reasonable.
other key task, at the hourly rate; while you do the
follow-up work, such as filling out the application
a. Flat Rates and Hourly Rates forms and translating or writing documents, state-
Many immigration lawyers charge flat ratesthat is, ments, letters or more. Be forewarned, though, most
fixed fees that do not change regardless of the num- lawyers wont want to get into a mixed arrangement
ber of hours spent. Flat fees are particularly com- unless they are sure they wont end up correcting
mon where the case is not complicated. The flat fee any problems you may cause by doing something
for a standard citizenship application (including rep- wrong. For example, some lawyers wont agree to
resentation at the interview) usually ranges between represent you in an INS interview if they werent
$850 and $1,500. (Of course, if your case isnt com- hired to review your forms and documents before
plicated, you can probably see it through using this you submitted them to the INS.
book rather than a lawyer.) Even with flat fees, a A second option is to look for a nonprofit organi-
lawyer will preserve the right to charge you for ex- zation offering free immigration services or reduced
penses and for additional time spent on unexpected rates. In addition, some law schools run immigration
tasks. law clinics where law students take on immigrant
Flat fees do, however, give you an opportunity to cases under the supervision of a professor. But dont
compare prices between lawyerseven with the get your hopes too high. The U.S. government does
add-on fees and expenses, youll get a general sense not fund organizations that provide services to im-
of the lawyers fee structure. If the lawyer quotes an migrants (except for very limited types of services),
hourly rate instead, expect to pay between $100 and which means that most nonprofits depend on pri-
$300 per hour. vate sources of income and are chronically under-
funded. Meanwhile, the demand for such services is
Dont pay the whole flat fee up front. Human
very high. The result is that many nonprofits as well
nature being what it is, if you give the lawyer
as law school clinics have long backlogs of cases
your money up front, there will be less incentive to
and may not be able to take your case at all.
please you. And if you dont like the lawyer later on,
If you presently cant afford a lawyer, but your
youll have a hardif not impossibletime getting
case is tricky enough that you need one, dont risk
your money back. Ask if you can pay in installments
applying for citizenship on your own. As weve dis-
for example, monthly payments, or half at the outset
cussed, you can live in the United States perma-
and half at the time of your interview. Alternatively, ask
nently with your green card, by obeying certain
if you can initially pay for a few hours service (perhaps
rules. The safest route is to wait and save your
to be deducted against the flat fee). That way, if you
money until you can pay a lawyer. Otherwise, you
dont like the lawyers work, you can end the relation-
may find yourself in deportation court, where youll
ship with less hassle and more money.
have no choice but to hire a lawyerand you risk
losing your green card altogether.
LEGAL HELP BEYOND THIS BOOK 10/ 7
E. Signing Up Your Lawyer your case. These expenses may include phone
calls, postage and photocopying. When possible,
Many lawyers will ask you to sign an agreement
the amounts for each expensefor example, ten
known as a fee agreementcovering their services
cents per page photocopyingshould be set out
and the fees you will pay them. A fee agreement
in the agreement.
can help prevent misunderstandings, but in order
Effect of nonpayment. Many lawyers charge in-
for it to be effective, it should be understandable
terest if you fail to pay on time. This is normal
not written in confusing legal jargonand the law-
and probably not worth making a big fuss about.
yer should explain the contract to you, not just push
If you do have trouble paying on time, the attor-
it under your nose, saying, Sign here. A fee agree-
ney may be willing to forego the interest if its
ment usually provides for:
clear youre taking your obligation seriously and
Scope of work. The agreement will describe
make arrangements for payment.
what the lawyer will do for you. To protect
Exclusion of guarantee. The lawyer will probably
yourself from abuse, make very sure that the
warn you in the agreement that theres no guar-
contract specifies in detail all the work that is
antee hell win your case. This may appear as if
already included. For example, a contract for a
hes preparing an excuse in case you lose, but it
lawyer to help you with your citizenship applica-
is actually a common and responsible way for
tion might specify that the lawyer will be re-
the lawyer to let you know that no one can ever
sponsible for preparation and submission of N-
guarantee success. After all, the INS is the ulti-
400 application, reasonable follow-up with the
mate decision-maker on your case.
INS and representation at one interview. If the
Effect of changes in your case. Most fee agree-
lawyer agrees to include work on any special
ments will include a provision stating that if
documents, make sure these are mentioned in
there is something you didnt tell the attorney, or
the contractfor example, a sworn statement
if something new arises relevant to your case
from a friend or family member.
for example, you concealed that you are the
Fees. The agreement will establish the amount
head of your local anarchist group, and/or you
youll pay, either as a flat fee (a lump sum you
get arrested after youve already submitted your
pay for a stated task, such as $800 for a citizen-
citizenship applicationthe attorney can charge
ship application) or at an hourly rate, with a
you additional fees to deal with the work result-
payment schedule. If you hire an attorney at an
ing from these revelations or concealments. This
hourly rate, the contract can specify that you be
is normal; but to protect yourself against abuse,
told when the hours have hit a certain limit.
make sure that the scope of work is described
Expenses. You will probably be required to pay
accurately as we discussed, above.
incidental expenses associated with work on
Some research inquiries are quite safefor in- Try to think of narrower or unusual combinations of
stance, if weve cited a section of the law and you terms for your search, such as good moral charac-
want to read the exact language or see whether that ter or continuous residence. (And make sure to
section has changed, theres no magic in looking up use the proper legal term, not Nolos substitute for
the law and reading it. But in general, be cautious itwe always alert you to the legal term at the
when researching. If possible, look at several opening of the section that discusses the concept.)
sources to confirm your findings.
Immigration laws are federal, meaning they are b. Using Law Libraries
written by the U.S. Congress and do not vary from
Any law library (such as the one at your local court-
one state to another (though procedures and priori-
house or law school) should have a complete set of
ties for carrying out the laws may vary among INS
the U.S. Code (traditionally abbreviated as U.S.C. or
offices in different cities or states). Below we give
U.S.C.A.). The library may also have a separate vol-
you a rundown on the most accessible research
ume containing exactly the same material, but called
toolsand not coincidentally, the ones that immi-
the Immigration and Nationality Act, or I.N.A.
gration lawyers most often use.
Unfortunately, the two sets of laws are numbered
Law libraries arent just for lawyers. Many law a bit differently, and not all volumes of the I.N.A.
libraries, particularly those connected with pub- cross-reference to the U.S. Code and vice versa. For
lic law schools, are state-funded. These libraries must this reason, when code citations are mentioned in
make federal statutes and regulations available to the this book, we include both the U.S.C. and I.N.A.
public. Dont be shy about using such libraries as a re- numbers.
source. (This is not the case with all law school librar-
iesprivate law school libraries are not always open to 2. INS and State Department Regulations
the public.) and Guidance
Another important source of immigration law is the
1. The Federal Code Code of Federal Regulations, or C.F.R. Federal regu-
lations are written by the agencies responsible for
Federal immigration law is located in Title 8 of the
carrying out federal law. The regulations are meant
United States Code. The U.S. Code consists of fed-
to explain in greater detail just how the federal
eral laws passed by Congress and applicable
agency is going to carry out the law. Youll find the
throughout the United States. Below we explain
INS regulations at Title 8 of the C.F.R. The INS regu-
how to locate the text of these laws.
lations are helpful, but certainly dont have all the
answers. Again, the easiest way to access these rules
a. Searching on the Internet
is via the Internet. Visit Nolos Legal Research Center
The easiest way to access the U.S. Code is via the (www.nolo.com). On the home page, click Legal
Internet. For example, you can review the code at Research Center, then choose U.S. Laws and Regu-
Nolos website (www.nolo.com). On the home page, lations. Scroll down to Code of Federal Regula-
click Legal Research Center, then choose U.S. tions. If you already know the title (which is 8) and
Laws and Regulations. If you already know the title section, you can enter them and pull up the text im-
(which is 8) and section, you can enter them and mediately. If you dont have the section number,
pull up the text immediately. If you dont have the you can search by terms. If you dont have access to
section number, you can search using relevant terms. the Internet, your local law library will also have
When doing word-based searches, avoid common print copies of the C.F.R.s.
terms. Words such as immigration, citizenship or
naturalization will bring up thousands of results.
10/ 1 0 BECOMING A U.S. CITIZEN: A GUIDE TO THE LAW, EXAM AND INTERVIEW
3. Information on the Internet other thing, such discussions probably mean that
your case has become complicated enough to need
If you have Internet access, familiarize yourself with
a lawyer. For these reasons, we do not attempt to
the INS website (www.ins.gov) where you can ob-
teach you how to research federal court decisions
tain information on various immigration benefits and
here. For more information on performing that type
applications (including citizenship through natural-
of research, read Legal Research: How to Find & Un-
ization), downloads of most immigration forms and
derstand the Law, by Stephen Elias and Susan
current fees.
Levenkind (Nolo).
On the Internet youll also find sites provided by
immigration lawyers as well as immigrants. The
quality of these sites varies widely, so we dont at- 5. Legal Publications
tempt to review all of them here. Many of the law- We recommend two legal publications used by im-
yers sites are blatant attempts to bring in business migration lawyers:
by providing a little information. That said, a couple Interpreter Releases, a weekly update published
of lawyer sites that contain useful information in- by Federal Publications Inc. (a West Group com-
clude: pany), and
www.shusterman.com (by attorney Carl Immigration Law and Procedure, a multi-vol-
Shusterman, with daily news of immigration law ume, continually updated loose-leaf set by
changes and current processing times at the INS Charles Gordon, Stanley Mailman and Stephen
Service Centers) Yale-Loehr (LEXIS Publishing).
www.visalaw.com (by the firm of Siskind, You should be able to find both at your local law
Susser, Haas & Devine, and including regular library. Both are very well indexed. They are written
updates on immigration law matters) and for lawyers, so youll have to wade through some
www.ilw.com (a privately run website called the technical terminology.
immigration portal, which includes various
chat room opportunities).
Internet Resources
Sites created by immigrants offering immigration
information, although well-meaning, are not always This list summarizes the useful Internet sites that
reliable when it comes to legal or procedural facts. have been mentioned in this book.
The U.S. Immigration and Naturalization Ser-
4. Court Decisions vice (INS) (www.ins.gov)
Immigrants who have been denied citizenship may List of nonprofit agencies approved by the INS
appeal these decisions to the federal courts. The (www.ins.usdoj.gov/graphics/lawsregs/
courts decisions in these cases are supposed to gov- advice.htm)
ern the future behavior of the INS. Hopefully, you Attorney Carl Shusterman (www.shusterman.com)
will never have to argue with an INS official that Siskind, Susser, Haas & Devine:(www.visalaw.com)
your case should (or should not) fit within a particu- The Immigration Portal (www.ilw.com)
lar court decision. For one thing, the officials are not Lists of overseas embassies in the U.S:
likely to listen until they get a specific directive from (www.embassy.org/embassies/index.html or
their superiors or until the court decision is incorpo- www.embpage.org).
rated into the INS regulations (the C.F.R.). For an-
C H A P T E R
11
Since you do not become a citizen until the cer- Your Reentry Permit or Refugee Travel Docu-
emony, you must continue to maintain your eligibil- ment. If you have either of these documents,
ity for citizenship. In fact, you will be asked before bring them so that the INS can review your
the ceremony to sign a paper assuring the INS that travel history and verify your continued eligibil-
you are still eligible for citizenship. Now is not the ity for citizenship.
time to jeopardize your chances for citizenship by Any immigration documents you have. Bring
getting arrested or by suddenly divorcing the person your passport with any U.S. visas you might
through whom you obtained your green card. once have obtained, as well as any other impor-
If you wont be able to make the appointment for tant INS approvals or permits. Although the INS
the swearing-in ceremony, return the notice to the isnt likely to examine these documents, theres a
INS along with a letter explaining why youre un- chance you may be asked to show them.
able to attend and asking the agency to reschedule Other. The items listed above are things that ev-
you. Make a copy of both items for yourself before eryone will be asked to bring, if they have them.
mailing them. Send the request by certified mail to If the INS wants you to bring anything addi-
the INS office where you had your interviewyoull tional, it will mention it in this Other category.
find the address on the swearing-in notice. The INS
The INS notice advises you to wear proper
office will reschedule you and send you a new Form
attire. This doesnt mean you have to go out and
N-445 appointment notice to tell you when your
buy a suitjust avoid bare feet and disrespectful clothing.
swearing-in ceremony will be. We recommend try-
ing to make the appointment, however, because re- The INS materials sent to you will explain
scheduling always seems to produce delays. whether you can bring family members to the cer-
emony. This will depend in part on the size of the
1. What to Bring hall where the ceremony is to be held. Unfortu-
nately, not all halls are large enough for everyone in
As you can see from the sample appointment notice,
ones family to attend. If the INS permits your family
the INS asks you to bring a variety of things to your
members to watch the proceedings, they wont be
swearing-in ceremony, including:
allowed to sit with youfamily members are the
The swearing-in notice, with the back side of the
audience and are usually asked to sit in the bal-
notice filled in. Youre expected to fill this in just
cony or in the seats to the rear of the hall. With over
before you go to your swearing-in ceremony.
a thousand or more new citizens often sworn in at a
Take a look at the questions youll be asked on
single ceremony, space can be tight. You may need
the samplequestions about whether youve re-
to arrive early to assure your family members of get-
cently married, divorced, traveled outside the
ting a seat.
United States and more. These questions are de-
signed to make sure that nothing has changed
since your citizenship interviewmost impor- 2. What to Expect
tantly, that you still have the same name and are The swearing-in is a group ceremony, which will
still eligible for U.S. citizenship. If your answer probably last two to three hours.
to any of the questions impacts your citizenship When you first arrive, an INS officer or a volun-
eligibility (see Chapter 2) or if you arent sure, teer will point you to an area where youll turn in
consult a lawyer. your appointment notice and meet briefly with an
Your green card (Alien Registration Card). To officer. Usually this will be at a series of tables di-
avoid any fraudulent uses of your green card, vided alphabetically, to correspond with the letters
you must return it to the INS at the swearing-in of your last name (surname). Youll need to know
ceremony. You wont need it once youre a citi- the English alphabet to figure out which table to go
zen. toyou may, for example, see signs saying A-F,
G-L, M-R and S-Z. Go to the table whose letters
11/ 6 BECOMING A U.S. CITIZEN: A GUIDE TO THE LAW, EXAM AND INTERVIEW
include the first letter of your last name. For ex- B. How to Prove Your Citizenship
ample, if your last name is Yang, then you would go
At the end of your swearing-in ceremony, the judge
to the S-Z table.
or INS officer will call you up to receive your Natu-
The INS officer at the table will review your ap-
ralization Certificatea document that looks like a
pointment notice, including the portion on the back
college diploma and is more suitable for framing
that you filled in. He may ask to see other immigra-
than for carrying around. Before you hang it on the
tion documents. Assuming everything is acceptable,
wall, however, make photocopies in case you want
you will hand in your green card and receive any
to help other family members immigrate. (Youll
additional citizenship information. Then youll pro-
need to send the copies to the INS with the visa pe-
ceed into the main hall for the ceremony.
titions you submit for them.) Yes, we know it says
The ceremony is meant to be a celebrationthere
on the certificate that copying it is illegalbut the
may be speeches, television cameras and more.
INS does not object to making copies for purposes
Youll hear various peoples ideas of what it means
of an immigration application. It is illegal is to forge
to be a U.S. citizen. The ceremony is often held in a
additional copies of the certificate for other people
courtroom, with a judge presiding. (Of course, if
to use.
you are sworn in by an INS officer, rather than a
judge, its just as valid.) Check your Naturalization Certificate for errors.
The crucial moment is when you raise your hand Even before you leave the ceremony hall, take a
and repeat, together with the group, the Oath of Al- close look at your name and the other information on
legiance making you a U.S. citizen. (For information your certificate. If anything is wrong, look around for
on how members of certain religious groups and the Resolution Table or an INS officer who can help
conscientious objectors to military service can you. The INS may be able to fix your certificate that
modify the oath to match their beliefs, see Chapter same day. If you dont notice the error until youve
2, Section G.) Youve seen the oath elsewhere in gone home, go to your local INS office within five days,
this book, but here it is once more: if possiblethats the time window within which the
INS is usually willing to fix any mistakes that are its
fault, for free. After that youll have to file INS Form
N-565, and pay a fee.
The Oath of Allegiance
Your U.S. passport is a more useful form of proof
I hereby declare, on oath,
of citizenship status. If you are asked, at the swear-
that I absolutely and entirely renounce and abjure all ing-in ceremony, whether you want to fill out a
allegiance and fidelity to any foreign prince, potentate, passport application, we recommend that you do so.
state or sovereignty, of whom or which I have heretofore Youll need a passport in order to travel and return
been a subject or citizen; to the United States, and its convenient for showing
to employers and the like. If you dont apply for a
that I will support and defend the Constitution and the
passport at the ceremony, you can obtain one later
laws of the United States against all enemies, foreign
through the U.S. State Department (a different
and domestic;
agency from the one that runs the INS). For contact
that I will bear true faith and allegiance to the same; information, look in the blue, federal government
pages of your phone book or check online
that I will bear arms on behalf of the United States
(www.state.gov).
when required by the law; and
that I take this obligation freely, without any mental
reservation or purpose of evasion, so help me God.
AFTER YOU ARE APPROVED 11/ 7
your child at some point, but see if you can get a addition, youll need to sign a statement that you
Certificate of Citizenship as well. For information on will provide financial support for the child until he
obtaining U.S. passports, contact the State Depart- or she reaches age 18. If youre overseas, the local
ment (www.state.gov). U.S. consulate may be able to help you with this pa-
perwork. If not, you may need the help of an expe-
2. Citizenship for Future Foreign-Born rienced immigration attorney.
Children If the two of you are not married and you are the
childs mother, and if the father refuses to admit that
If, in the future, one of your children is born outside
hes the father, then the residence requirements be-
the United States, that child may acquire U.S. citi-
come a bit more strict: You must have lived in the
zenship, depending on whether your childs other
United States for at least a full year before the child
parent is also a U.S. citizen (covered in subsection a,
is born in order for the child to acquire citizenship.
below), and if not, whether you, the citizen parent,
Again, however, since you probably already lived in
are the childs mother or the father (discussed in
the United States for that amount of time in order to
subsection b, below). (In addition, its possible that
become a citizen, this probably wont be a problem.
the child will gain citizenship in the country of
birthbut that depends on the laws of that country;
b. If Only One Parent Is a Citizen
not all countries grant citizenship based on birth.)
If your childs other parent is not a U.S. citizen and
a. If Both Parents Are U.S. Citizens you want the child to acquire your U.S. citizenship
when born overseas, it is still possible. However,
If both you and your childs other parent are U.S.
the requirements are slightly stiffer than if both par-
citizens your foreign-born child will acquire citizen-
ents had been U.S. citizens. If youre the mother and
ship if:
a U.S. citizen, youll need to have been physically
you and your childs other parent are married to
present in the United States or its outlying posses-
one another, and
sions for at least five years before the childs birth.
either you or your spouse have lived in the
At least two of those five years must have been after
United States before the birth date.
you reached age 14. It doesnt matter if you werent
There is no time minimum on how long you or
a citizen during the entire five years.
your spouse lived in the United States, but it needs
If you are the childs father, a U.S. citizen, and you
to have been your primary home at some point
are married to the mother, then the same require-
not just a temporary tourist destination. However,
ment described just above applies: Youll need to
since you probably had to live in the United States
have been physically present in the United States or
for a time before you became a citizen, you have
its outlying possessions for at least five years before
likely satisfied this requirement already.
the birth. At least two of those years must have been
If the two of you are not married when your child
after you had reached age 14. Again, it doesnt matter
is born and you are the father concerned with get-
if you werent a citizen during the entire five years.
ting citizenship for your child, the same require-
However, if you are the childs father and you
ments as above applybut youll need to take an
arent married to the mother, youll also need to le-
added step: legitimate the child before his or her
gitimate the child before his or her 18th birthday.
18th birthday. Legitimation is a legal term meaning
(See subsection a, above, for more about legitima-
that you accept the child as being yours under the
tion.) In addition, youll need to sign a statement
laws of the country where you live. This may be as
that you will provide financial support for the child
simple as putting your name on the childs birth cer-
until he or she reaches age 18. If youre overseas,
tificate. If youre not sure what the local procedure
the local U.S. consulate may be able to help you
is, an alternative is to acknowledge your paternity in
with this paperwork. If not, you may need the help
writing under oath (again, before the child is 18). In
of an experienced immigration attorney.
AFTER YOU ARE APPROVED 11/ 9
c. Obtaining Proof of Your Childs other family members, including your parents,
Citizenship married children, brothers and sisters, for whom
you now can start the immigration process (see
Although your childs citizenship acquisition is, in
Section 2).
theory, automatic, youll still want to be able to prove
it. If youre overseas, ask your local U.S. consulate for
a document called an FS-240, or Report of Birth
1. Helping Your Foreign-Born Spouse and
Abroad of a Citizen of the United States of America. If Children
you happen to have returned to the United States, Once youre a citizen, your spouse and your unmar-
you can apply to the INS for a Certificate of Citizen- ried children who are younger than age 21 turn
ship. This is done using INS Form N-600, which you from preference relatives into immediate rela-
can order from the INS at 800-870-3676 or obtain tivesrelatives who can apply for lawful perma-
online at www.ins.gov. nent residence right away, with no annual limits and
Another alternative is to ask the U.S. State Depart- no waiting lists to delay their progress. You can ei-
ment to give your child a U.S. passport. This may ther start the immigration process for them now, or
prove difficult, since State Department officials are if youve already started it by filing an initial visa pe-
less familiar with the details of the immigration laws tition for them, have them continue the process at a
than INS officials. In any case, you should definitely faster pace.
apply for a passport for your child at some point, and Unfortunately, even immediate relatives must go
see if you can get a Certificate of Citizenship as well. through a lot of application paperwork before they
can get their green cardsthe application process
often takes a year or more to complete. You cant
E. Helping Other Family Members avoid the paperwork. But at least youll know that
Immigrate their cases are progressing.
Your ability to help your foreign-born family mem- If you have unmarried children who are already
bers immigrate to the United States improves dra- older than 21, your citizenship turns them into what
matically after you become a U.S. citizen. While you are called first preference relatives. This is not as
had a green card, your rights were quite limited. beneficial as being an immediate relativeit means
You could sponsor (file a visa petition for) only that they are subject to the annual limits on the
your spouse and unmarried childrenno one else. number of visas and will have to wait for an avail-
In fact, you may have filed visa petitions for these able visa before they can continue with their immi-
family members and still be waiting for them to im- gration process. However, they are fairly high on
migrate. Spouses and unmarried children of perma- the priority list. Their wait will average about two
nent residents, as well as various other family mem- years (though longer if theyre coming from Mexico
bers, are called preference relatives. That means or the Philippines)a huge improvement over
that Congress has set annual limits on the number of when you were a permanent resident, at which time
visas available to them. Because the demand for they were in a lower category called 2B and their
these visas always exceeds the supply, preference wait for a visa averaged nine years.
relatives end up on waiting lists that last many years If your spouse or children are already on a visa
before they can immigrate to the United States. waiting list, you can advance them forward. If
But now that youre a citizen, the situation im- youve filed a visa petition to start the immigration
proves for: process for your spouse or children (Form I-130),
family members for whom you may have already but theyre still on the waiting list for a visa or green
started the immigration process, including your card, you dont have to restart the process from the
spouse and unmarried children, who will be beginning. In other words, you dont have to file a
able to immigrate faster (see Section 1), and new visa petition and they dont have to lose their
place in line. If they have become immediate rela-
11/ 1 0 BECOMING A U.S. CITIZEN: A GUIDE TO THE LAW, EXAM AND INTERVIEW
tives, they can jump straight to the head of the line however, even immediate relatives must get through
and continue with the final stages of their applica- the paperwork of immigrating, which tends to take
tions for green cards. If theyre your children older at least a year to complete.)
than 21, they can go from the 2B waiting list to the Your married children as well as your brothers
first preference waiting list with full credit for the and sisters benefit because you can now file visa
years they have already waited. (In technical terms, petitions starting the immigration process for them.
they can use the same priority date as they had However, they will be considered your preference
before.) In either case, the procedure is to send a relatives, meaning that your visa petition wont get
copy of your citizenship certificate and a letter ex- them a visa or green card anytime soon. First, theyll
plaining the situation to whichever office is currently be put on a waiting list and subject to an annual
handling your family members files. limit on the number of visas that are given out. Your
A further benefit to your citizenship is that as married children will fall into the third preference
soon as your children become lawful permanent category, your brothers and sisters into the fourth
residents, they may also become instant citizensso preference category. Both are fairly low on the pri-
long as theyre younger than age 18 when you be- ority list and are likely to wait many years before
come a citizen and theyre living in the United States becoming eligible to immigrate to the United States.
in your legal and physical custody. (For more infor- See the chart below, Bringing the Family Over,
mation, see Section D, above, concerning derivation for a summary of who you can help immigrate and
of citizenship.) how long they are likely to wait. Unfortunately,
these estimates of waiting times are inexactthey
2. Helping Other Family Members merely show how long the wait was for people who
are finally receiving visas now. Because the length
Becoming a citizen allows you to start the immigra-
of the wait depends on supply and demand, it is un-
tion process for certain family members other than
predictable and could be far differentprobably
your spouse and unmarried children. These include
longerby the time your relatives apply. The waits
your parents, married children and brothers and sis-
rarely get shorter.
ters. (Unfortunately, it doesnt include family mem-
Note also that the length of time your family
bers such as grandparents, aunts, uncles, cousins,
member waits can be affected by which country he
nieces and nephews.) Not all of your eligible family
or she is coming from. For countries that have large
members will become immediate relatives, however;
numbers of visa applicants, the wait gets longer be-
some of them will have to wait many years before
cause the laws contain per-country limits. As a re-
having the opportunity to immigrate through you.
sult, the State Department usually creates a separate
Your parents benefit the most. They become your
(and longer) waiting list for Mexico, the Philippines
immediate relatives and can apply to immigrate to
and sometimes India.
the United States right away. (As described earlier,
AFTER YOU ARE APPROVED 11/ 1 1
Husband or wife Immediate relative No wait other than application processing time
Unmarried child younger than 21 Immediate relative No wait other than application processing time
Unmarried child older than 21 Family first preference Three years from most countries, 14 years if
the child is from the Philippines; and an
indeterminate length of time if the child is from
Mexico (visas were unavailable in this category
as of July 2002 when this book went to print ).
Married child Family third preference Six years from most countries, 14 years if the
child is from the Philippines and six years if the
child is from Mexico.
Brother or sister Family fourth preference Thirteen years from most countries, 22 years if
theyre from the Philippines and 12 years if
theyre from Mexico.
A full discussion of the rules and procedures for assisting family members to immigrate is beyond the scope
of this book. For more information on immigrating spouses, see Fianc and Marriage Visas: A Couples
Guide to U.S. Immigration, by Ilona Bray (Nolo). For information on immigrating other family members, see How
to Get a Green Card, by Loida Nicolas Lewis and Len T. Madlansacay (Nolo), or U.S. Immigration Made Easy, by
Laurence A. Canter and Martha S. Siegel (Nolo). Family members who are living in the United States illegally, have
lived here illegally in the past or have ever been in deportation proceedings, will probably need the help of an ex-
perienced immigration lawyer.
Glossary
Words You Need to Know
consulate an office of the U.S. Department of State Executive Office for Immigration Review see Im-
located overseas and affiliated with a U.S. embassy migration Court, below.
in that countrys capital city.
G-325B (Biographic Information) an INS form
continuous residence one of the requirements for required of citizenship applicants who have served
U.S. citizenship (referred to in this book as the con- in the military. (For more information, see Chapter
tinuous U.S. stay requirement). (For more informa- 3.)
tion, see Chapter 2, Section B2.)
good moral character a requirement for U.S. citi-
continuous U.S. stay see continuous residence, zenship. (For more information see Chapter 2, Sec-
above. tion D.)
crime of moral turpitude a crime that is morally green card identification card carried by lawful
wrong, such as fraud. Such crimes will bar appli- permanent residents of the United States (although
cants from showing the good moral character neces- no longer green). The INS name for the green card
sary for citizenship. (For more information, see is an I-551 or Alien Registration Receipt Card. A
Chapter 2, Section D.) green card is different than the work permit card
often carried by non-citizens (Employment Authori-
Department of Justice an agency of the United
zation Document). (In this book, we also use the
States federal government that oversees the INS.
term green card to refer to the card received by
Department of State an agency of the United conditional residents.)
States federal government that oversees U.S. embas-
green card holder commonly used term for an im-
sies and consulates.
migrant, or a lawful resident, whether permanent or
deportable an immigrant or permanent resident conditional.
who falls into one of the grounds listed at I.N.A.
immediate relative the spouse, parent or unmar-
237, 8 U.S.C. 1227 is said to be deportable, and
ried child under age 21 of a U.S. citizen. Immediate
can be removed from the United States after a hear-
relatives can apply for green cards without worrying
ing in Immigration Court.
about quotas or waiting periods. Spouses include
deport/deportation see removal, below. widows and widowers who apply for the green card
within two years of the U.S. citizen spouses death.
Deportation Proceedings (also known as removal
Parents must wait until their U.S. citizen child is age
proceedings) an Immigration Court hearing to de-
21 to apply. Children can include stepchildren and
termine whether a person should be deported or
adopted children (subject to further requirements).
removed from the United States.
immigrant a term generally used to refer to any
District Office one of 33 INS offices in the United
foreign-born newcomer to the United States. The
States that serve the public in a specified geographic
INS categorizes immigrants as those who have at-
area. Most INS field staff are located in district of-
tained permanent residency or a green card. The
fices. District offices offer information (usually at an
INS categorizes everyone else as a nonimmigrant,
information desk), provide INS forms and accept
even though theyre in the United States.
and make decisions on some but not all applications
for immigration benefits. Naturalization (citizenship) Immigration Court (also known as the Executive
applications are currently not among the applica- Office for Immigration Review or EOIR) the first
tions they acceptthese must be sent to an INS Ser- court that will hear a case if an individual is placed
vice Center. However, District Offices do conduct in deportation (removal) proceedings. Cases are
naturalization (citizenship) interviews. (For a list of heard by Immigration Judges, and the INS has its
locations, see Appendix A or the INS website own crew of trial attorneys who represent the
(www.ins.gov).) agency in court.
dual citizenship maintaining citizenship in two Immigration and Nationality Act (I.N.A.) a portion
countries at the same time. The United States cur- of the federal code containing all U.S. immigration
rently allows dual citizenship with other countries. laws. The I.N.A. can also be found in the United
States Code (U.S.C.) at Title 8. (To find it online,
embassy the chief U.S. consulate within a given
visit Nolos website (www.nolo.com) and on the
country, and the residence of the U.S. ambassador,
home page click U.S. Laws and Regulations.)
usually located in the capital city.
GLOSSARY GLOSSARY/ 3
Immigration and Naturalization Service (INS) a Oath of Allegiance the statement of loyalty to the
branch of the United States Department of Justice, re- United States that immigrants approved for U.S. citi-
sponsible for controlling the United States borders, en- zenship must recite at their swearing-in ceremony in
forcing the immigration laws and processing and judg- order to become U.S. citizens.
ing the cases of immigrants living in the United States.
permanent residence the status of being a perma-
inadmissible a personal characteristic for which the nent resident; see below.
U.S. government will deny a visa or admission to
permanent resident (also known as a green card
the United States because the individual falls into
holder) a person approved to live in the United
one of the categories listed at I.N.A. 212, 8 U.S.C.
States for an unlimited amount of time. The status
1182. Broadly speaking, these categories of inad-
can be lost for certain reasons, such as having com-
missibility cover people who might be a burden on
mitted a crime or making ones home outside the
or risk to the U.S. government or public for health,
United States. The green card must be renewed ev-
security or financial reasons. (Replaces the formerly
ery ten years although the actual green card status
used term, excludible.)
doesnt expire. After a certain number of years (usu-
lawful permanent resident see permanent resi- ally five), a permanent resident can apply for U.S.
dent, below. citizenship. However, many people remain in the
United States for decades without applying for citi-
location requirements the term used in this book
zenship. Although they cannot vote, permanent resi-
to describe the three requirements relating to a
dents enjoy many other rights, such as the right to
citizens physical location during the months and
work and travel freely.
years leading up to citizenship, including: continu-
ous residence (or continuous U.S. stay), physical physical presence a condition for U.S. citizenship
presence and state stay requirements. (For more in- requiring that a resident be physically present in the
formation, see Chapter 2.) U.S. for a fixed period of time. (For more informa-
tion read Chapter 2, Section B.)
N-336 (Request for Hearing on a Decision in
Naturalization Proceedings Under Section 336 of the political asylee someone who is permitted to live
INA) a form used to appeal a denial of ones appli- in the United States as a sanctuary from the persecu-
cation for citizenship. (For more information, see tion faced in the native country. Political asylees can
Chapter 9.) apply for green cards and later for U.S. citizenship.
(For information on when asylees become eligible
N-400 (Application for Naturalization) a form
for citizenship, see Chapter 2, Section B3.)
used to apply for U.S. citizenship through the natu-
ralization process. (For information on how to com- preference relative a relative of a U.S. citizen or
plete this form, see Chapter 3.) permanent resident considered more distant than an
immediate relative (see immediate relative,
N-426 (Request for Certification of Military or Na-
above) and who does not have an immediate right
val Service) a form required of citizenship appli-
to a U.S. visa or green card. Limits are placed on the
cants who have served in the military.
numbers of visas and green cards issued to prefer-
N-470 (Application to Preserve Residence for ence relatives each year, with the result that there is
Naturalization Purposes) a form used by certain cat- a waiting list of many years, depending on the exact
egories of people to request permission to live out- family relationship. Preference relatives include the
side the United States for a year or more without adult children of U.S. citizens (first preference), the
impacting their eligibility for citizenship. (For more spouses and unmarried children under age 21 of
information, see Chapter 2, Section B.) lawful permanent residents (second preference), the
married sons and daughters of U.S. citizens (third
N-648 (Medical Certification for Disability Excep-
preference) and the brothers and sisters of U.S. citi-
tions) a form to be completed by a doctor in support
zens (fourth preference).
of an applicant who requests a waiver of the citizen-
ship exam requirements based on medical disability. public charge an immigrant with insufficient finan-
(For more information see Chapter 7, Section B.) cial support who receives welfare or some other
form of need-based government assistance. This sta-
naturalization an immigrant who succeeds in at-
tus can result in an immigrant being found inadmis-
taining United States citizenship by submitting an
sible or, under certain circumstances, deportable.
application and passing a citizenship exam, is said
to have naturalized.
GLOSSARY/ 4 BECOMING A U.S. CITIZEN: A GUIDE TO THE LAW, EXAM AND INTERVIEW
refugee someone permitted to enter and live in the to the public; all communication must be by letter,
United States in order to avoid persecution faced in with limited telephone access. Though inconvenient
a native country. (Refugees are similar to asylees ex- to work with, the applicant has no choicean ap-
cept that refugees apply for their status from over- plication that must be reviewed by a Service Center
seas, whereas asylees have already reached the will not be accepted or decided by a District Office.
United States on their own before submitting an ap- (The Service Center addresses for citizenship appli-
plication.) Refugees can apply for green cards and cations are provided in Chapter 3. For more general
later for U.S. citizenship. (For information on when information on Service Center locations and ad-
refugees become eligible for citizenship, see Chapter dresses for other applications, call the INS informa-
2, Section A.) tion line at 800-375-5283 or see the INS website
(www.ins.gov).)
resident someone residing legally in the United
States, whether temporarily, permanently or condi- state stay requirement term used to describe re-
tionally. quirement that an applicant live in the same U.S.
state or INS district for three months before applying
removal the process of sending an alien back to
to the INS there. (For more information, see Chapter
his or her home country because he or she is (or
2, Section B.)
has become) inadmissible or deportable. This term
combines the former INS terms exclusion, the term swearing-in ceremony ceremony at which immi-
used for blocking someones entry into the United grants approved for U.S. citizenship recite the Oath
States, and deportation. of Allegiance, are formally granted U.S. citizenship
by a judge or INS officer and receive a Naturaliza-
Selective Service System U.S. government agency
tion Certificate.
that collects the names of young men in the United
States who are between the ages of 18 and 26 in United States Code see Immigration and National-
preparation for a U.S. military draft. Men must have ity Act, above.
registered for the Selective Service in order to
waiver when the INS agrees to overlook one of the
qualify for U.S. citizenship, as discussed in Chapter
normal requirements of an immigrants application.
2, Section D12.
In the citizenship context, waivers of the English lan-
Service Center INS office responsible for accepting guage and U.S. history and government exam re-
and making decisions on particular applications quirements are available to applicants who are of
from people in specified geographical areas. Unlike advanced age or are medically disabled. (For more
the INS District Offices, Service Centers are not open information, see Chapter 2, Sections E and F.)
APPENDIX
A
INS District Office and Sub-Office Addresses
NOTE: The below list contains the street addresses You may see an address listed below your states
(not mailing addresses) of INS District Offices and name that is in another statethat means that its
Sub-Offices or Satellite Offices (which perform most the closest INS District Office to you, and also serves
of the same functions as District Offices) serving your state. For more information on INS office loca-
your state. You can visit these offices in person, for tions or contact information, see the INS website at
INS forms and information. www.ins.gov.
IOWA MICHIGAN
USINS Omaha District Office INS Detroit District Office
3736 South 132nd Street 333 Mt. Elliot
Omaha, NE 68144 Detroit, MI 48207
KANSAS MINNESOTA
INS Kansas City District Office INS St. Paul District Office
9747 Northwest Conant Avenue 2901 Metro Drive, Suite 100
Kansas City, MO 64153 Bloomington, MN 55425
USINS Wichita Satellite Office
MISSISSIPPI
271 West 3rd Street North, Suite 1050
INS New Orleans District Office
Wichita, KS 67202-1212
701 Loyola Avenue
New Orleans, LA 70113
KENTUCKY
INS New Orleans District Office INS Jackson Sub-Office
701 Loyola Avenue 100 West Capitol Street
New Orleans, LA 70113 Jackson, MS 36269
INS Louisville Sub-Office
MISSOURI
Gene Snyder U.S. Courthouse and Customhouse
INS Kansas City District Office
Room 390
9747 Northwest Conant Avenue
601 West Broadway
Kansas City, MO 64153
Louisville, KY 40202
MONTANA
LOUISIANA
USINS Helena District Office
INS New Orleans District Office
2800 Skyway Drive
701 Loyola Avenue
Helena, MT 59602
New Orleans, LA 70113
NEBRASKA
MAINE
USINS Omaha District Office
INS Portland District Office
3736 South 132nd Street
176 Gannett Drive
Omaha, NE 68144
South Portland, ME 04106
NEVADA
MARYLAND
INS Phoenix District Office
INS Baltimore District Office
2035 North Central Avenue
Fallon Federal Building
Phoenix, AZ 85004
31 Hopkins Plaza
Baltimore, MD 21201 INS Las Vegas Sub-Office
3373 Pepper Lane
MASSACHUSETTS Las Vegas, NV 89120-2739
USINS Boston District Office
INS Reno Sub-Office
John F. Kennedy Federal Building
1351 Corporate Boulevard
Government Center
Reno, NV 89502
Boston, MA 02203
APPENDIX A/ 4 BECOMING A U.S. CITIZEN: A GUIDE TO THE LAW, EXAM AND INTERVIEW
INS Publications
100 Sample U.S. History and Government Questions With Answers ..................................... B/3
Form M-378: U.S. Immigration & Naturalization Service Color Photograph Specifications .... B/13
INS PUBLICATIONS APPENDIX B/ 3
APPENDIX B/ 4 BECOMING A U.S. CITIZEN: A GUIDE TO THE LAW, EXAM AND INTERVIEW
INS PUBLICATIONS APPENDIX B/ 5
APPENDIX B/ 6 BECOMING A U.S. CITIZEN: A GUIDE TO THE LAW, EXAM AND INTERVIEW
INS PUBLICATIONS APPENDIX B/ 7
APPENDIX B/ 8 BECOMING A U.S. CITIZEN: A GUIDE TO THE LAW, EXAM AND INTERVIEW
INS PUBLICATIONS APPENDIX B/ 9
APPENDIX B/ 1 0 BECOMING A U.S. CITIZEN: A GUIDE TO THE LAW, EXAM AND INTERVIEW
INS PUBLICATIONS APPENDIX B/ 1 1
INS PUBLICATIONS APPENDIX B/ 1 3
APPENDIX
Disability exam waivers, 2/26, 2/27, 2/28, 3/23, permanent resident status, Intro/1, 2/38
7/49 physical presence, 2/3, 2/9, 2/1011, Glossary/3
application form, 7/56, 7/9, Appendix C state stay, 2/3, 2/9, 2/1416, 4/12, Glossary/4
how to apply, 7/59 U.S. history and government knowledge, 2/3, 2/27
qualifying disabilities, 7/5 Embassies, Glossary/2
when they are granted, 7/5 online directory, 1/8
when to apply, 7/9 Emergency attention, how to request, 4/12
Disability Oath of Allegiance waivers, 7/9 Employment
Divorce, 1/4, 2/6, 3/8, 9/4 on application form, 3/8
Doctors, for disability exam waivers, 7/59 overseas, continuous stay requirement and, 2/13
Documents overseas, residency requirement and, 2/8
additional, INS requests for, 8/9, 8/10, 9/25 in the U.S., as proof of unbroken stay, 2/12
caution against sending originals, 3/14 English classes, 5/4
lost by INS, 4/6 English exam, 4/3, 5/25
supporting documents for appeals, 9/910 exam waivers, 2/26, 2/27, 2/28, 7/49, 8/5
what to bring to interview, 8/45 retaking if you fail, 8/10, 9/2
what to include with application, 3/23, 3/10 English language skills, as eligibility requirement,
See also Sample forms and documents 2/3, 2/26, 5/2
Domestic violence Entering the U.S., 1/11
as deportation grounds, 1/5 See also Inadmissibility
residency exception for battered spouses, 2/67 EOIR. See Immigration Court
Downloading forms, 3/45 Exams. See English exam; U.S. history and govern-
Draft evasion, 2/24 ment exam
Draft registration, 2/2224, 3/9 Exam waivers, 2/26, 2/27, 2/28, 3/23, 7/49, 8/5
Driving under the influence (DUI), 2/18, 2/21 Executive Office for Immigration Review. See Immi-
Drug-related crimes gration Court
as deportation grounds, 1/5
as inadmissibility grounds, 1/7
as temporary bar to citizenship, 2/19, 2/2122 F
Drug use, 1/5, 1/7, 2/19, 2/2122
disability exam waivers and, 7/5 Family members
Dual citizenship, 1/78, 1/9, Glossary/2 citizenship for, 1/11, 11/79
DUI, DWI. See Driving under the influence information about, on application form, 3/89
not allowed at interview, 8/5
permanent resident status for, 1/11
E sworn statements from, 9/10
undocumented, 2/1920, 3/8
Early application rule, 2/5, 2/6, 2/13 visa petitions for, 1/11, 11/911
Elected office, right to hold, 1/9 Federal code. See U.S. Code
Eligibility requirements, 2/3 Federal government, exam questions about, 6/913
age, Intro/1, 2/3, 2/16 Federal jobs
checklist, 2/2930 eligibility for, 1/9
continuous stay, 2/3, 2/9, 2/1114 overseas, 2/8, 2/13, 2/15
English language skills, 2/3, 2/26 Fee agreements, with lawyers, 10/7
good moral character, 2/3, 2/1626 Fees
loyalty to the U.S., 2/3, 2/24, 2/2829 appeal filing, 9/6
1/ 4 BECOMING A U.S. CITIZEN: A GUIDE TO THE LAW, EXAM AND INTERVIEW
V W
Vacationing, during application processing, 4/1112 Waivers
Vice crimes, 1/7, 2/19 application fee, 3/1113
Vice President, exam questions about, 6/11, 6/12 defined, Glossary/4
Videotapes, 9/9 exam requirements, 2/26, 2/27, 2/28, 3/23,
Vietnamese, exam questions in, 6/3 7/49, 8/5
Visa petitions, for family members, 1/11, 11/911 War. See Military service
Voter registration, 2/20, 11/7 Welfare assistance
Voting illegally, 1/5, 2/20 as deportation grounds, 1/5
Voting rights, 1/9 potential eligibility for, as inadmissibility
grounds, 1/7
Widows/widowers, 2/6, 2/8, 2/15, Glossary/2
World War II, exam question about, 6/14
m o r e f r o m
N O L O
Law for All
U.S. Immigration Made Easy
by Attorneys Laurence A. Canter & Martha S. Siegel
This book covers every possible way to legally enter and live in the
United States, explains how the U.S. immigration system really
works, and shows you how to qualify for student visas, work visas,
asylum, green cards, and citizenship. Includes all the forms you
need and step-by-step instructions to fill them out.
$44.99/IMEZ
8 0 0 - 728- 355 5 o r w w w . n o l o . c o m
m o r e f r o m
N O L O
Law for All
Every Landlords Legal Guide
By Marcia Stewart & Attorneys Ralph Warner & Janet Portman
Book With CD-ROM
Whether you have one unit or one hundred, this book with disk will give
you the legal and practical information you need to comply with your
states laws, find and keep good tenants, and avoid legal trouble. A Nolo
bestseller, Every Landlords Legal Guide shows you how to:
screen and choose prospective tenants and deal with problem tenants
write a legal rental agreement or lease
hire a property manager
understand repair, maintenance and security responsibilities and avoid
injuries and law suits
comply with laws regarding security deposits, privacy, discrimination,
senior housing, and habitability
and much more
All the necessary forms and agreements, in English and Spanish, are
included as tear-outs and on disk.
$44.99/ELLI
8 0 0 - 728- 355 5 o r w w w . n o l o . c o m
m o r e f r o m
N O L O
Law for All
How to Win Your Personal Injury Claim
by Attorney Joseph Matthews
Armed with the right information, anyone can handle a personal injury
claim without a lawyer. Attorney Joseph Matthews provides strategies
for handling every stage of the insurance claim process! Checklists,
worksheets and plain-English advice to handle a personal property or
injury claim yourself.
$29.99/PICL
8 0 0 - 728- 355 5 o r w w w . n o l o . c o m
m o r e f r o m
N O L O
Law for All
How to File for Chapter 7 Bankruptcy
by Attorneys Stephen Elias, Albin Renauer & Robin Leonard
If youre feeling overwhelmed by your bank balance, Chapter 7 bank-
ruptcy can offer welcome relief. With How to File for Chapter 7 Bankruptcy,
you can take control of your finances and get back on your feet. Includes
all the forms necessary to file for Chapter 7 bankruptcy, with step-by-step
instructions on how to fill them out.
$34.99/HFB
8 0 0 - 728- 355 5 o r w w w . n o l o . c o m
About the Authors
Attorney Ilona Bray came to the practice of immigration law through her long
interest in international human rights issues. Before joining Nolo as legal editor
in charge of immigration, she ran a solo law practice and worked for non-
profit immigration agencies including the International Institute of the East
Bay (Oakland) and the Northwest Immigrant Rights Project (Seattle). Ms. Bray
was also an intern in the legal office at Amnesty Internationals International
Secretariat in London. She received her Bachelors degree in philosophy from
Bryn Mawr College, and her law degree and a Masters degree in East Asian
(Chinese) Studies from the University of Washington. Ms. Bray is a member
of the American Immigration Lawyers Association (AILA). She has authored
other books for Nolo, including Fianc & Marriage Visas: A Couples Guide to
U.S. Immigration and Student & Tourist Visas: How to Come to the U.S. (with
Richard A. Boswell).