USCIS Clarifies Admission Requirement for Naturalization

 

U.S. Citizenship and Immigration Services (USCIS) has issued updated policy guidance clarifying the admission requirements for naturalization applicants. This guidance, effective immediately and applicable to both pending and newly filed cases, addresses an important aspect of naturalization law: the lawful admission of applicants as lawful permanent residents (LPRs).

Only Initial Admission Must be Lawful

The updated USCIS Policy Manual specifies that a naturalization applicant must demonstrate they were lawfully admitted for permanent residence only at the time of their initial admission as an LPR or adjustment of status to LPR. Subsequent entries into the United States, regardless of circumstances or legality, do not impact the determination of lawful admission for naturalization purposes.

This clarification aligns with the ruling by the U.S. Court of Appeals for the Fourth Circuit in Azumah v. USCIS, 107 F.4th 272 (4th Cir. 2024). The decision emphasizes that the focus should be on the lawful admission or adjustment at the time the applicant obtained LPR status, not on later reentries. 

After his lawful admission as a permanent resident, Azumah was deemed inadmissible due to a subsequent embezzlement conviction. Upon his return to the U.S. in 2014, the government paroled him into the country and initiated removal proceedings against him.  After dismissal of proceedings, Azumah applied for naturalization, which was denied by USCIS because he was not “lawfully admitted for permanent residence” when he returned to the United States in 2014.  Upon appeal, the 4th Circuit Court disagreed.

The Fourth Circuit’s Rationale

 The Fourth Circuit highlighted that the statutory language under the Immigration and Nationality Act (INA) specifies that naturalization applicants must prove they were lawfully admitted to the U.S. as permanent residents. The term refers to the applicant's initial lawful entry or adjustment of status to LPR. 

The Fourth Circuit rejected arguments that unlawful subsequent entries could retroactively affect the validity of the initial lawful admission or adjustment. This ensures that individuals who met all legal requirements at the time of becoming LPRs are not penalized for later circumstances that do not invalidate their original status.

The Fourth Circuit also noted the practical need for consistent and predictable standards. By focusing on the initial lawful admission or adjustment, USCIS can streamline adjudication and avoid penalizing applicants for unrelated or subsequent immigration complexities.

Why This Matters

For applicants applying for naturalization, this clarification removes uncertainty about how subsequent entries might affect their eligibility. Applicants who entered or adjusted to LPR status lawfully retain their eligibility for naturalization, even if they later faced challenges with subsequent entries.  USCIS has revised its Policy Manual to incorporate this new policy.  

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

Voting violations may result in denial of naturalization and deportation

 

In the United States, the right to vote is a fundamental aspect of citizenship, reserved for those who are U.S. citizens. However, the issue of non-citizen voting has sparked debates and discussions, particularly in local elections in some jurisdictions. While some states and localities have explored allowing non-citizens to vote in certain elections, such as school board or municipal elections, federal elections are strictly reserved for U.S. citizens.

Who Can Vote in the U.S.?

According to federal law, only U.S. citizens are eligible to vote in federal elections, including presidential, congressional, and senatorial elections. Furthermore, individual states may have additional requirements for voting in state and local elections, but these typically also mandate U.S. citizenship. Many states also require voters to be residents of the state in which they intend to vote.

Illegal Voting and Green Card Eligibility

The act of registering to vote as a non-citizen, whether intentionally or unintentionally, can have serious consequences, particularly for individuals seeking to obtain a green card (permanent resident status) in the United States.  For example, INA Section 212(a)(10)(D) provides that any non-citizen who has voted in violation of any Federal, State, or local constitutional provision, statute, ordinance, or regulation is inadmissible.  In other words, the person would not be eligible for the U.S. green card.

Furthermore, those who have been admitted into the U.S. can be deported if they have voted illegally, under INA Section 237(a)(6).  This provision states that an individual who, at any time after admission to the United States, has voted in violation of any federal, state, or local law or regulation is removable from the U.S.  It is important to note that the act of illegal voting must have occurred on or after September 30, 1996, when the relevant law was passed. 

Voting Violations May Result in Denial of Naturalization

Immigration law requires an applicant for naturalization must demonstrate "good moral character" for a specific period (usually five years) prior to filing the application and up until the applicant takes the oath of citizenship. 

A person who falsely represents themselves as a U.S. citizen for any purpose or benefit under the INA or any other federal or state law is deemed to lack good moral character.  Similarly, a non-citizens who illegally registers to vote or votes in a Federal, State, or local election may also be found to lack good moral character.  These individuals are not eligible for naturalization.  

In fact, a person who knowingly makes any false statement or claim that he is a citizen of the United States in order to register to vote or to vote in any Federal, State, or local election is subject to fines and imprisonment of up to five years, pursuant to 18 USC §1015.

What Should I do If I Mistakenly Registered to Vote?

Unfortunately, many individuals are encouraged to register to vote at the same time when they apply for their state driver's licenses or ID cards. New immigrants or those with limited English proficiency may just follow instructions to register to vote, not knowing that they are not eligible to register or to vote. They may have mistakenly checked yes to the question asking whether they are a U.S. citizen. Worse, some of them may have actually voted in Federal or State elections.

What further complicates the situation is that, applicants typically don't even know they have violated the laws until the time when they apply for naturalization. The naturalization application (N-400) specifically has questions on this issue, and the applicant must also testify under oath whether they have registered to vote or voted in U.S. elections.

In these situations, if the voter registration was unintentional, the applicant should try to contact the State DMV or election office to cancel the registration, and to gather evidence showing it was a mistake. Evidence might include written statements or affidavits from officials confirming the error. This is not usually easy to achieve, especially if the registration took place a long time ago.

One should not hesitate to seek advice from legal counsel in this situation. A false claim to U.S. citizenship not only results in denial of naturalization, but may also lead to deportation. Consulting with an immigration attorney is crucial, before you file an application for green card or naturalization, to navigate the complexities of the case and present a strong defense during the naturalization process.

Conclusion

Registering to vote as a non-citizen is a serious issue that can lead to ineligibility for U.S. green card and citizenship. Addressing the issue promptly, gathering evidence of the mistake, and seeking legal guidance are essential steps to mitigate the consequences.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

USCIS New Central NJ Field Office

 

Google Map Photo

Some applicants wonder why their immigration cases were transferred from Newark to another office in New Jersey. Last year, the USCIS has opened a new field office in Central New Jersey, located in Cranbury. According to USCIS, this strategic addition aims to better serve the growing needs of immigrants and applicants residing in the region.

For many years, USCIS has two field offices in New Jersey located in Newark and Cherry Hill (later moved to Mt. Laurel).  The Newark Field Office serves mostly applicants from north New Jersey, while the Mt. Laurel Field Office is designed to serve the communities in south New Jersey.  Over the years, as the population of the immigrant communities increases, the resources of these offices have been stretched to the limit, especially the Newark Field Office.  

New Jerseyans often argue exactly where the dividing line is between North and South New Jersey.  Because of its central location, Newark has had to handle extremely large number of immigration cases from applicants located in both North and South New Jersey.  The driving distance between Newark and Mt. Laurel is about an hour and 30 minutes during rush hours.  Hence, to avoid making applicants drive long distances, USCIS would assign cases in central Jersey to Newark.

The establishment of the Central New Jersey Field office is aimed at relieving the workload of the other two field offices.  Situated in Cranbury, a township located near the mid-point between Newark and Mt. Laurel, the new USCIS field office will handle the immigrant cases of applicants who reside in Central New Jersey. 

Just like the other field offices, the Central NJ field office is a full-service office that handles all common immigration cases. including naturalization testing and interviews, interviews of green card applicants based on family relationship or employment offers.  biometric appointments, and other usual immigration processes. Ya-Mei Chen, a Chinese immigrant, is the Field Office Director in charge of the Central NJ field office. 

Currently, the processing times at Newark Field Office are still relatively long: 9.5 months for N-400 naturalization applications; 18 months for family-based I-485 applications; and 21.5 months for employment-based I-485 applications.  The addition of the Central Jersey Field Office should alleviate the workload of the other offices and shorten the case processing times.  

Located at 8 Cedarbrook Dr, Cranbury, NJ 08512, the Central NJ Field Office has brand new offices with ample parking spaces.  Applicants should not be concerned if their cases are transferred to this office. 

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

USCIS Reverts Back to 2008 Citizenship Test

On December 1, 2020, the naturalization civics test -- one of the final steps toward gaining citizenship -- was updated to a more difficult 2020 version. The new test added more up-to-date and in-depth questions. Now, USCIS has announced that it will revert back to the old 2008 civics test starting March 1, 2021. 

If you filed your N-400 on or after December 1, 2020 and before March 1, 2021 and will have your interview before April 19, 2021, you can choose to take either the 2008 or 2020 test version. After March 1, 2021, the 2008 civics test will be back in place.

This change is a result of the change in presidency and a softer approach to immigration policy. Specifically, it is to align immigration policy more closely with Biden's Executive Order on Restoring Faith in Our Legal Immigration Systems. 

If you want to read more about the 2020 civics test change, please see our old article on it.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule legal consultation.)  

USCIS Offices Closure Due to the Snow Storm

USCIS announced that all of their offices in New Jersey, New York City and Philadelphia will be closed on Monday, 2/1/2021, including:

• Field offices located in Mount Laurel and in Newark
• Application Support Centers (ASCs) located in Elizabeth and in Hackensack
• Newark Asylum Offices located in Newark, NJ and in Manhattan, NY
• New York City District Office
• The Holtsville District Office 
• Application Support Centers in Manhattan, The Bronx, Brooklyn, Queens, and Long Island 

All scheduled appointments for interviews, naturalization tests, biometrics, asylum, etc., will be rescheduled within 30 to 60 days. 

Naturalization Civics Test Questions to Change December 1st

As part of their interview, naturalization applicants must take a civics test to evaluate their knowledge of American history and government. The civics test will be updated soon. If you filed form N-400 and are waiting for an interview, take note of your receipt date as it will determine which version of the civics test you will be administered. 

The receipt date, or filing date, can be found on the official receipt notice from USCIS in a box titled "Received Date". Applicants with a receipt date on or after December 1st, 2020 will take the 2020 civics test. Those with receipt date before December 1st, 2020 will take the usual 2008 civics test. Note that someone who fails their civics test will be rescheduled to take the same version, regardless of the date. The main differences between the two editions are the number of possible questions you can be asked and how challenging they are. 

Applicants taking the 2020 civics test must correctly answer at least 12 out of 20 questions to pass the civics test -- a large increase from the current 6 out of 10. The 20 questions are pulled from an updated pool of 128 questions. Questions include an updated "Recent American History and Other Important Historical Information" category with topics such as the Persian Gulf War and Dwight D. Eisenhower. Some notably more challenging questions that have been added include "The Nation’s first motto was “E Pluribus Unum.” What does that mean?" and "How many Supreme Court justices are usually needed to decide a case?". 

Applicants 65 years-old or older and with at least 20 years of permanent residence will still only need to answer 6 out of 10 questions correctly, with the 10 questions chosen from a pool of 20. The difference is that the pool of 20 questions have been altered. Applicants can be asked questions such as to name the current Speaker of the House of Representatives or list an achievement of a certain historical figure such as Abraham Lincoln. 

Overall, the civics test questions are slightly more numerous and in-depth, which can make things more difficult for applicants that did not attend school growing up in America. However, the updated (and the current) list of questions and accepted answers is provided on the USCIS website. No matter which test you are slated to take, diligent and timely preparation is key to passing the test and gaining citizenship.

 (Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule legal consultation.) 

Those Who Stay Abroad May be Disqualified From Naturalization

Do you know somebody who has a U.S. green card but often doesn't stay here?  Green card holders are lawful permanent residents of the United States; they are expected to stay and live in the U.S. permanently. However, some foreigners use the green card as a tool of convenience to allow them to come and stay in the U.S. whenever they want to.  Others may look at it as an insurance in case they need to live in another country.  The recent tightening of U.S. immigration policy means that these sojourners may no longer be able to abuse the privileges of an American green card. 

Recently, USCIS clarified the residency requirements for naturalization. Generally speaking, an applicant for naturalization must have resided continuously in the United States for at least 5 years as  permanent residents before she apply for naturalization.  However, according to USCIS policy, an applicant who has been absent from the United States for more than six months but less than a year is assumed to have abandoned her residency. If she wishes to apply for naturalization, she must overcome the presumption that her absence has broken the continuity of her residence in the United States.   

How one may overcome the legal presumption?  Unforeseen circumstances such as accidents, serious illnesses or other mishaps can be used to justify the long absences. At the same time, an applicant must also present evidence to prove that she has substantial family, property, social and economic ties in the United States.  

If an applicant is found to have broken the continuity of residence in the United States, she must establish a new period of continuous residence.  In practical terms, it means that she can only apply for naturalization after four and a half years have passed.  

What about those who have been absent for one year or longer? In this situation, the applicant's legal residency has been broken already unless the applicant has an approved Application to Preserve Residence for Naturalization Purposes (Form N-470).  If they are able to overcome the presumption of broken residency, they may apply for naturalization after four years and one day.  Otherwise, they must wait at least four and a half years before they may apply. 

In fact, green card holders who have been gone for more than one year are considered to have abandoned their green cards; they may not be allowed to return to the U.S. and may get removed from the country unless they can prove with strong evidence that they couldn't return to the U.S. in time.  

Legal residents who wish to stay abroad for more than one year must apply for a re-entry permit before their plan trips.  However, it is important to note that while an unexpired re-entry permit would allow a green card holder to return to the U.S., it does not preserve her continuous residency for naturalization.  In sum, permanent residents should consult with an experienced immigration attorney and plan their travel carefully in order preserve their residency status and eligibility for citizenship.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule legal consultation.) 

Good Moral Character for U.S. Naturalization

Naturalization is the most common way for a foreign national to acquire U.S. citizenship.  USCIS is now expanding on the good moral character (GMC) requirement for naturalization, based on the Attorney General decision regarding DUI (driving under the influence) convictions and GMC last month.

Good moral character (GMC) is necessary to become a citizen. If an applicant has a history of unlawful or immoral actions, this can render them ineligible for citizenship due to lack of GMC.

The USCIS policy manual has been updated with more examples of unlawful acts for adjudicators to use as guidelines. A permanent bar to GMC means that an applicant will never be able to demonstrate GMC. Serious criminal offenses - termed "aggravated felonies" - such as murder, rape, sexual abuse of minor, money laundering, illicit trafficking in firearms or controlled substance, fraud (loss exceeding $10,000), bribery, obstruction of justice, explosives or firearms offense, gathering or transmitting classified information, demanding/receiving ransom, child pornography offenses, alien smuggling, and conspiracy to attempt aggravated felonies are permanent bars. 

Some acts have a threshold to count as a permanent bar, such as requiring an imprisonment term of at least 1 year. These include racketeering, gambling, crimes of violence, theft offenses, and passport or document fraud. 

Aggravated felony convictions from before November 29, 1990, are exempt from the bar. However, the applicant is still subject to case-by-case discretion by the adjudicating officer.

Less serious offenses can also be "conditional bars" to demonstrating good moral character for naturalization. The applicant's conduct during the past 5 years (3 years if based on marriage to a U.S. citizen) is examined as well as the period leading up to the oath ceremony. The following are some of the actions that will result in a conditional bar: conviction or admission of crime of moral turpitude, an aggregate sentence of 5 years of more, 180 days of actual imprisonment, polygamy, smuggling, controlled substance violation, false testimony under oath, gambling, prostitution offenses, habitual drunkard, two or more DUI convictions, failing to support dependents, adultery, and other unlawful acts.

Further, subsequent changes in one's criminal sentence after conviction may not help reduce the impact of the original sentence.  The Attorney General in Matter of Thomas and Thompson held that the original sentencing is to be counted when evaluating convictions for GMC. Any change to the sentence afterwards is not to be taken into account, unless it was made for procedural or substantive defects in the underlying criminal matter. This has huge implications for GMC bars, some of which have thresholds of imprisonment and sentencing terms.

The written law on GMC has not changed. What is changing is USCIS policy on what GMC is and its guidelines for adjudication, especially for naturalization. Officials still have a lot of discretion to judge GMC and will evaluate on a case-by-case basis. Applicants who plan on applying for naturalization should first carefully examine their background.  If there is any doubt about their qualifications, they should first consult with a qualified immigration attorney.  

Marijuana Violations May Result in Denial of Naturalization

Some states in America have legalized marijuana, but federal law still classifies it as an illegal "Schedule 1" drug on par with heroin. This conflict is an issue for USCIS officers evaluating N-400 Application for Naturalization applicants for good moral character (GMC). If an applicant is found to have legally used marijuana based on state law, should this impact their eligibility for immigration benefits?

The answer to this question can determine whether an applicant is awarded or denied American citizenship. GMC is a criteria an applicant must fulfill in the N-400 Application for Naturalization. The law requires that the applicant must have demonstrated GMC during the past 5 years and the time leading up to the oath ceremony. Their past activities and conduct are scrutinized for any indication of poor moral behavior. Criminal behavior, convictions, and any admission of criminal acts can be be used to deem an applicant ineligible.

The legal status of marijuana on the state level is what complicates GMC evaluation. Although legalized in 31 states and the District of Columbia, Marijuana is illegal under federal law.  The legal standards including amount, form (smoked, infused pill and oils, etc.), and distribution also differ depending on the state. The District of Columbia, Alaska, California, Colorado, Maine, Massachusetts, Michigan, Nevada, Oregon, Vermont and Washington have all legalized recreational use of marijuana. Some states allow marijuana use for medical reasons under certain conditions. Other states decriminalized marijuana use but did not legalize sale and distribution. 

Under the authority of the "supremacy clause" of the U.S. Constitution, federal law preempts any conflicting state laws. Accordingly, USCIS has released a policy guidance clarifying how officers should judge GMC in cases involving federally controlled substances, including marijuana. Any cultivation, distribution, manufacture, or possession of the drug would violate federal law. The guidance states that marijuana usage sets a bar for evaluation of moral character, regardless of state law. It maintains that federal law is still being violated. Applicants involved in marijuana-related activities can face immigration consequences, even if applicable local or even foreign laws do not criminalize them.

Those planning to apply for naturalization should keep in mind that even if they are not breaking any laws at the time, marijuana-related activities can affect them years down the road. Unless the federal law is changed, immigration officers will continue to regard drug offenses involving marijuana as criminal violations that could cause denial of naturalization.  

Stricter N-648 Medical Disability Exemption Policy

The number of applications for naturalization has risen to 754,700 during President Trump’s second year in office, according to USCIS.  This number is the highest since 2013.  There are many benefits that come with U.S. citizenship.  As an American citizen, one has the right to vote and the ability to apply for a U.S. passport; one may also apply for government jobs and other government benefit programs. However, to become an American citizen, one must pass the English and civics test. 

The English and civics test requirement of the naturalization process can be especially challenging for those with cognitive impairments such as dementia and Alzheimer's.  The good news is that one does not have to take the English and civics test if there is medical proof that the person lacks mental ability to learn English or study American civics.  Those that qualify can be exempt with an valid N-648 Medical Disability Exception application. USCIS issued a new policy which will be effective on February 12, 2019, regarding the N-648 form. 

The applicant will need certification from a medical doctor describing their condition and why it exempts the applicant. The doctor's relationship with the patient must also be described. If the regularly treating medical professional is not the one filling out the form, then an explanation why must be included. Other important details include the specific methods and equipment used to diagnose the applicant, dates of examination, and a statement that the condition's duration is at least 12 months. A statement is also required if an interpreter was used. Any anomalies or inconsistencies can make an officer doubt the applicant's legibility.

Immigration Officers are instructed not to judge the medical diagnosis, order specific tests, or to go through the applicant's medical records. Their job is to make sure the form is properly completed. They check for discrepancies in the applicant's file and if sufficient explanation is given. Most important is the connection between the applicant's impairment and an inability to read, write, and speak in the English language or understand U.S. history and government. The details must be tailored to the applicant's condition.

Form N-648 should be submitted with N-400. If it is late, an explanation supported by evidence is required. The N-648 application is accepted or rejected at the initial naturalization interview. If the form N-648 is rejected, the examination continues as if it were not submitted.

Naturalization Applicants Must be Fingerprinted; Do Not Have to Reside Permanently in the U.S.

USCIS announced two changes in its policy manual regarding naturalization.  Naturalization is a legal process through which a permanent resident may become an American citizen.  

All naturalization applicants, regardless of age, must attend a biometrics appointment during which his/her biometrics such as fingerpints will be captured for background check purposes.   Since March 1998, the fingerprint requirements have been waived for naturalization applicants age 75 or older. Under the new policy, naturalization applicants with disabilities who are unable to provide fingerprints or are unable to provide legible fingerprints may still obtain waivers of the biometrics requirements.

Separately, USCIS also amended its policy manual to confirm that naturalization applicants do not have to have the intent to live in the United States permanently.  

False Statements Need to be Material to Support Denaturalization

Mrs. Maslenmjak made incorrect statements when she applied for political asylum in the United States. Her application was approved and she eventually became a naturalized U.S. citizen.  Years later, based on these incorrect statements, the U.S. government initiated legal actions to "de-naturalize"  her.  In her defense, Mrs. Maslemjak argued that she can be denaturalized only if her false statements had made a difference in the government's decision to grant her refugee status. The United States Supreme Court agreed. 

In 1998, Mrs. Maslenjak and her husband, both ethnic Serbian, lived in Bosnia during the war between Bosnia and Serbia. She successfully applied for asylum based on her family's fear of persecution. In her application, she stated that her husband had failed to serve in the Bosnian Serb army.  Based on the approval of her asylum application, she became a permanent resident of the United States.  Subsequently, DHS discovered that her husband did serve in the Bosnian Serb army and prosecuted him for making false statements. Mrs. Maslenjak applied for naturalization immediately and was granted citizenship.  She testified in her husband's court hearings and admitted that she lied when she said that her husband did not serve in the Bosnian Serb army. 

The U.S. Government prosecuted Mrs. Maslenjak for making these false statements and also stripped her citizenship.  She appealed to the Sixth Court of Appeals, arguing that she should be allowed to keep her citizenship since the untruthful statements that she made were immaterial to her asylum claim - which was based on fear of persecution by Bosnian Muslims.  The Sixth Circuit affirmed the lower court's decision, by holding that any false statements are sufficient to support denaturalization pursuant to 18 USC §1425(a), the relevant Federal statute. 

Undaunted, Mrs. Maslenik appealed to the United States Supreme Court, which sided with her.

By using the most natural way of understanding the statue, the Supreme Court held that in order to use any false statements by application for denaturalization, they must be material and have somehow contributed to the approval of citizenship.   In other words, there must be a direct causal relationship between the false statements and the eventual award of citizenship in order to strip away somebody's citizenship under §1425(a).  And whether or not there is such as causal link should be decided by the jury.  

Here, during the trial of Mrs. Maslenik, the jury instructions did not specify that her false statements must have been material and contributed to the outcome of her asylum application.  Consequently, the Supreme Court vacated the Sixth Circuit decision and remanded the case to the lower court to provide proper instructions to the jury. 

The Supreme Court decision applied a balancing test between the need to prosecute false statements and the rights of naturalized citizens.  To protect the rights of naturalized citizens, denaturalization should be based on some very strong reasons but not just any illegal conduct during the naturalization process.  It should be noted that Mrs. Maslenik might still lose her citizenship at the end.  A jury could conclude that her asylum application was granted partially based on her false testimony that her husband did not serve in the military as required,  If so, her false statements were material in the asylum decision and, according to the U.S. Supreme Court decision, she would be stripped of her citizenship. 

Immigrants Rush to Apply for Naturalization Under the New Immigration Policies

The enforcement-centric approach of the Trump Administration towards immigration has shaken the immigrant communities in recent months.

Many immigrant advocates and community-based organizations recommend that green card holders should apply for U.S. citizenship as soon as they become eligible.  Obtaining the U.S. citizenship is the best protection against any changes in immigration policy.  In fact, about one million applications for naturalization were filed during FY 2016, and the number of applications has continued to increase after the election.

To apply for U.S. citizenship through naturalization, one must submit the Form N-400 with the U.S. Citizenship and Immigration Services.  To be eligible for naturalization, an applicant must:

• have been a lawful permanent resident for at least five years (three years for spouses of U.S. citizens, and other exceptions for U.S. military personnel);
• have lived in the U.S. continuously for at least five years (and have not been absent for more than one year);
• have been physically present in the U.S. for at least half of the five years at the time of filing; 
• be at least 18 years old;
• have "good moral character" for at least five years (sometimes longer);
• be able to speak, read, and write in simple English (exceptions for some long-term residents over a certain age, and persons with qualified medical disabilities);
• be able to demonstrate knowledge of U.S. history and government (exceptions for persons with qualified medical disabilities); and
• adhere to the principles of the U.S. Constitution and be willing to take the Oath of Allegiance to the United States (with some modifications and exceptions).

Further, applicant must have lived in the district for at least three months before the naturalization application can be file within that district.

Because of the surge in the application numbers, the processing time of the N-400 applications is getting longer.  For example, in New Jersey, based on our experience, it took at least 7 to 8 months for the naturalization examination to be scheduled for cases submitted in 2016.   Processing time will likely to be longer in 2017.  Interested applicants should submit their applications as soon as possible.

One final caveat:  There are many benefits of becoming a U.S. citizen.  However, naturalization is also the final step of the immigration process, and everything in the applicant's immigration history is scrutinized carefully during the application process.  In fact, an applicant could be placed in deportation proceedings on account of a prior offense or incident. For individuals with special issues and circumstances, they should consult an experienced immigration attorney for an evaluation before submitting their naturalization applications. 

Medical Waiver of English, Civics and Oath Requirements for Naturalization

Many elderly clients express difficulty with the citizenship test due to their inability to learn English and remember the facts about the American government and history.  They also ask if the test can be waived on account of their old age or poor memory.  Unfortunately for most people, they don't qualify for any exception and must learn English and study for the citizenship test.  

The English and Civics Requirements

As part of the requirements for naturalization, applicants must demonstrate that they understand the English language; they must demonstrate that they can  read, write, and speak words in ordinary usage.  They must also demonstrate a knowledge and understanding of the basics of the history and principles and form of government of the United States (This is called the civics requirement). 

Medical Waiver of the English / Civics Requirements

However, applicants for U.S. citizenship may seek an exception to the English and civics testing requirements for naturalization "because of physical or developmental disability or mental impairment."  Unfortunately this exception does not cover the normal deterioration of one's memory because of old age.  Nor does it cover other forms of illnesses that do not affect one's ability to learn and recall facts. For instance, I have clients who have cancer.  Unless the cancer somehow affects the person's ability to learn new things, the condition does not qualify for a wavier for the English and civics requirements.

For those who really suffer from medical conditions that affect their cognitive skills, they can and should apply for a medical wavier.  Examples of such conditions include severe dementia, Alzheimer’s disease, developmental disorder, Down syndrome, etc.  Applicants must produce evidence to prove that they suffer from such conditions, including a Medical Certification for Disability Exceptions, Form N-658, completed and executed by a qualified medical doctor. The standard for adjudicating such a request has tightened over the years.  The medical doctor must clearly articulate the prognosis of the applicant, including the clinical diagnosis, the treatment history, the cause of the condition or impairment, the clinical methods used to diagnose the applicant's medical disability, etc.  The doctor must also be able to explain how the medical condition has affected the applicant's ability to learn English and study American civics.  

Waiver of the Oath of Allegiance

As the final step in the naturalization process, an applicant must take an oath to support the U.S. Constitution, renounce all allegiance and fidelity to any foreign prince, support and defend the Constitution and laws of the United States against all enemies, bear arms on behalf of the United States when required by the law; or perform other noncombatant service for the U.S. government. This is called the Oath of Allegiance.  

However, if an applicant has a disability that is so severe that he or she is not able to take the oath, an waiver of this oath requirement may also be requested.  This is a separate waiver from the waiver of the English and civics requirements above. The applicant or his/her legal guardian must make the request in writing.  The request must be supported by a written evaluation by a licensed physician, which explains why the applicant is unable to understand and communicate the Oath of Allegiance. This waiver is only reserved for the most severe types of medical conditions and should not be used lightly. 

Who is the President of the United States?

If you are are studying for the naturalization test, there has been some changes about the U.S. government following the recent elections.

The following are the most recent changes put together by the USCIS. For example, Obama is no longer the President of the United States. Make sure you answer the questions correctly.  

Question	Update
20.  Who is one of your state’s U.S. senators now?	The answer to this question may have changed on January 3, 2017, when the 115th Congress began to meet.  Give the name of one of your state’s current U.S. senators. For a list of current members of the U.S. Senate, please visit www.senate.gov.
23.   Name your U.S. representative.	The answer to this question may have changed on January 3, 2017, when the 115th Congress began to meet.  Give the name of your current U.S. representative. For a list of current members of the U.S. House of Representatives please visit www.house.gov.
28.  What is the name of the President of the United States now?	·  Donald J. Trump ·  Donald Trump ·  Trump
29.  What is the name of the Vice President of the United States now?	·  Michael R. Pence ·  Mike Pence ·  Pence
43.  Who is the governor of your state now?	The answer to this question may have changed depending on inauguration dates. Give the name of your state’s current governor. For a list of current governors, please visit http://www.usa.gov/Agencies/State_and_Territories.shtml.
46.  What is the political party of the President now?	·  Republican (Party)

Changes in Naturalization Application Process

Are you ready to vote? For our next president?  Make sure you are an American citizen first.  Every time when we get close to a presidential election, there is usually an increase in the number of applications for naturalization.  People want to take part in the democratic process.  They want to cast that sacred vote to choose the country's next leader.  And they apply for citizenship.

There are some changes in the naturalization application process.  First, the N-400 Application for Naturalization form is being processed electronically.  As a result, applicants no longer need to provide two passport-style photographs with their application.  After their application is filed, they will be scheduled for a biometric appointment at a local Application Support Center (ASC) for collection of their fingerprints, photographs and signature, regardless of their age.

Yes, regardless of age, all applicants must now attend a biometrics appointment at an ASC for fingerprinting, photographs, etc.  USCIS used to waive the fingerprint requirement for applicants 75 years or older.  This is no longer true.  With improved technology, USCIS can now capture fingerprints for applicants of all ages. However, applicants aged 75 and older do not have to pay the biometrics fee.

USCIS has special programs to accommodate applicants with disabilities and other special needs. For example, all domestic USCIS facilities are accessible to individuals with disabilities. Other special arrangements can also be made to accommodate the needs of the elderly and applicants who are homebound or hospitalized.  Applicants who need special accommodations can make the request with the application for naturalization, make an online request, or may call the National Customer Service Center (NCSC) at any time at 800-375-5283.  

The following are the basic requirements for naturalization:  (1) Be at least 18 years old at the time of filing Form N-400, Application for Naturalization. (2) Be a permanent resident (have a “Green Card”) for at least 5 years. (3) Show that you have lived for at least 3 months in the state or USCIS district where you apply. (4) Demonstrate continuous residence in the United States for at least 5 years immediately preceding the date of filing Form N-400.  (5) Show that you have been physically present in the United States for at least 30 months out of the 5 years immediately preceding the date of filing Form N-400. (6) Be able to read, write, and speak basic English. (7) Have a basic understanding of U.S. history and government.  (8) Be a person of good moral character. (9) Demonstrate an attachment to the principles and ideals of the U.S. Constitution.

College Students Applying for Naturalization

It is not unusual for college students to study away from home in another state in the U.S. When these students become eligible to apply for naturalization, they may wonder where they should submit their N-400 application for naturalization - their home state where their family lives or the state where they study.  The USCIS recently issued instructions confirming that students in this situation may choose either option if they are 18 or older and if they are unmarried and still financially dependent on their parents. 

Credit Cards Accepted for N-400 Naturalization Application

Many people wonder how come they cannot pay for their immigration filing fees by means of credit cards. After all, these plastic cards are accepted by most businesses in the private sector. As of now, at least one may pay for their naturalization application fee with major credit cards - Visa, Master Card, American Express and Discover. 

Applicants for American citizenship through naturalization may now pay for the government filing fees by credit card.  Currently, for most people, the basic filing fee for the N-400, Application for Naturalization, is $680, which includes the $595 naturalization application fee and a biometrics fee of $85.  Applicants  must use the new form G-1450, Authorization for Credit Card Transactions, if they wish to pay by credit cards.

USCIS will reject the whole application if the credit card transaction fails.  It is therefore important to put down correct credit card information to avoid delays.

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New N-400 for for naturalization must be used beginning May 5

As a reminder to our readers, beginning May 5, 2014, USCIS will accept only the most updated edition of Form N-400, Application for Naturalization, dated 9/13/2013. All previous versions of the N-400 forms will be rejected.

New Naturalization Form N-400

USCIS released a new version of the N-400 naturalization application on 02/04/2014. The new form must be used starting 05/02/2014. 

http://www.uscis.gov/sites/default/files/files/form/n-400.pdf