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U.S. Citizenship
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The Essential Legal Guide
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TEACHING, INTERPRETING AND CHANGING LAW SINCE I979
a publication of the
IMMIGRANT LEGAL
RESOURCE CENTER
14th EDITION
by Eric Cohen with Alison Kamhi, Erin Quinn, and ILRC Staff Attorneys
1663 MISSION STREET SUITE 602
SAN FRANCISCO, CA 94103
T 415.255.9499 / F 415.255.9792 14th Edition
WWW.ILRC.ORG
Naturalization and
U.S. Citizenship
The Essential Legal Guide
14th Edition
By Eric Cohen with Alison Kamhi, Erin Quinn, and ILRC Staff Attorneys
The Immigrant Legal Resource Center
A
Copyright 2016
Immigrant Legal Resource Center
1663 Mission Street, Suite 602
San Francisco, CA 94103
415.255.9499
www.ilrc.org
The Immigrant Legal Resource Center (ILRC) is a
national, nonprofit resource center that provides legal
trainings, educational materials, and advocacy to advance
immigrant rights.
Since 1979, the mission of the ILRC is to work with and
educate immigrants, community organizations, and the
legal sector to continue to build a democratic society that
values diversity and the rights of all people.
WHAT WE DO
Legal Professionals & Advocates
Trainings: Throughout the year, the ILRC staff
attorneys provide classroom seminars and
webinars on a wide range of topics that affect the
immigrant community.
Publications: ILRC publishes some of the top
reference manuals on immigration law.
Technical Assistance: Our unique, nation-wide consultation service called the Attorney of the Day
(AOD) provides legal assistance to attorneys, staff of nonprofit organizations, public defenders, and
others assisting immigrants.
Immigrants
Community Advocacy: ILRC assists immigrant groups in understanding immigration law and the
democratic process in the United States, so as to enable them to advocate for better policies in
immigration law, as well as in health care, community safety, and other issues that affect the
immigrant community.
Leadership Training: ILRC trains immigrant leaders how to be more effective advocates for their
communities.
Know Your Rights Presentations: ILRC attorneys regularly conduct “know your rights” trainings
with immigrant-based organizations to inform immigrants about their rights under the immigration
laws and the United States Constitution, how to protect themselves from becoming victims of
immigration fraud, changes in immigration law and policy, and a host of other issues that affect the
lives of immigrants.
Laws, Policies & Practice
Monitoring Changes in Immigration Law: ILRC attorneys are experts in the field of immigration
law, and keep abreast of the frequent changes in immigration case law and policy so that we can
inform our constituents of those changes as soon as they occur.
Policies: ILRC conducts ongoing dialogues between Immigration Service officials and the
community agency representatives to help ensure that government policies and procedures are
more reasonable and fair, and to make sure that information about these policies is provided to the
immigrant advocacy community in a timely manner.
Advocacy: ILRC advocates for reasonable changes in immigration law to get closer to our ideal of
a system that will recognize the contributions immigrants make to our society, respect their dignity,
and insure a workable, secure, and humane immigration system.
How to Contact Us
General inquiries: [email protected]
Publications: [email protected]
Seminars: [email protected]
Attorney of the Day (AOD): [email protected]
Website: www.ilrc.org
How to Support Our Work
Please visit our website www.ilrc.org to make a tax-deductible contribution.
PREFACE
Naturalization is the final step of the immigration process. After years of struggling to immigrate to the
United States for political, economic, or family reunification reasons and several more years of being a
lawful permanent resident, one who naturalizes will finally have the opportunity to obtain the rights of a
United States citizen.
There are nearly nine million people eligible to naturalize and several million more who will soon be
eligible. Thus, there is a growing need for well-trained and informed advocates to be available to help
people naturalize.
Although not necessarily the right choice for every lawful permanent resident, naturalization allows people
many rights, such as the right to vote, hold public office, and not be deported. Currently, the rights to vote
and hold public office are more important than ever before. Throughout many places in the United States
the anti-immigrant voices of a vocal minority have created quite a stir. Politicians continue to unfairly
blame immigrants for the economic woes we are facing when the facts indicate that immigrants actually
contribute more in tax revenue to this country than they use in government resources. The facts are that
immigrants are often small business owners, and professionals, do much of the hard labor and service
industry work that our country needs so much, and contribute to the much valued diversity and cultural
richness of our society.
Some politicians and other anti-immigrant voices have started a war against immigrants. The politicians are
trying to deny hard working, law abiding, and taxpaying people such basic rights as the right to educate
their children and obtain emergency and prenatal medical care. Yet, the voices of immigrants can be heard.
Immigrants can and are batting back. They can have a say in what laws are passed and which politicians are
elected. However, the success of the fight for fair treatment for immigrants depends on more immigrants
naturalizing, registering to vote, voting, and even running for office. Presently there are hundreds of
thousands of lawful permanent residents applying for naturalization and many more eligible to apply. It is
our job to help all the immigrants that want to naturalize do so.
At the ILRC, we have always been committed to encouraging self-help as an element of legal practice and
social change. The preparation of naturalization cases provides an arena for that philosophy—a philosophy
that underlies our resolution to train more and better community lawyers and paralegals. Our goal is to help
create advocates with a better understanding of the complex sources of subordination experienced by
immigrants, the poor, the disadvantaged, people of color, and other groups. We envision advocates who use
a more humble approach to advocacy—not viewing their role as that of the knight in shining armor, but
rather respecting the abilities, talents, and judgment of clients themselves and working with those clients in
developing sensible and meaningful strategies and tactics—some of which are likely to be more creative
than the usual approaches. These representatives recognize the need to demystify the legal process in order
to bring out the talents and imagination of their clients; they strive not to make the legal worker-client
relationship yet another subordinating experience.
This approach to immigration practice is one in which the advocate strives to know as much about the
community served as possible by reading, talking, exploring, walking, eating, and perhaps living in and
being from that community. The legal worker would be aware of the limits of his or her own technical
expertise, and spend time identifying, developing, learning about, getting acquainted with and using other
allies and resources in the community, especially other community members and clients themselves.
We hope others share in the views we articulate in this preface and find this publication helpful in assisting
millions of people realize their dream of becoming United States citizens.
This publication would not have been possible without the support of many people and everyone at the
Immigrant Legal Resource Center. Past and present ILRC attorneys who worked on previous editions
and/or the current edition of this manual include: Nora Privitera, Grisel Ruiz, Aidin Castillo, Alison Kamhi,
Susan Bowyer, Rose Cahn, Silvia Garcia, Juliette Steadman, Kathy Brady, Evelyn Cruz, Angie Junck,
Sharon Hing, Nikki Marquez, Mark Silverman, Erin Quinn, Melissa Rodgers, and I drafted the majority of
this Manual. Bill Hing, our general counsel, and Susan Lydon, our former executive director, edited the
original edition of the Manual. Don Ungar made significant contributions to Chapter 13 on Loss of
Citizenship. Our comprehensive list of contributors over the years include special mention for Ann Block,
Eunice Lee, Sivan Harary, Su Yon Yi, Jeff Klein, Charles Hamel, Martha Chavarin-Romero, Sreoshi Datta,
Daljit Dhami, Maribel Delgado Osborne, Adam Ettenson, Christina Fabie, Monica Hernandez, Amy
Joseph, Michele Jun, Merle Kahn, Lisa Klapal, Gail Pendleton, Nelly Reyes Rosenberg, Amy Righter, Lina
Romero, Steve Rosenbaum, Jennifer Shih, Claudia Silverman, Mark Thorndahl, Erica Tomlinson, Amita
Vasudeva, Maline Wong, Alicia Lopez, Angela Hollowell-Fuentes, Nicole Mina Litvak, Sandra Kain,
Norey Lee Navarro, Tara Pinkham, Lucy Baez, Amagda Perez, Azucena Crespo, Austin Dueñas, Lizett
Rodríguez. We also give thanks to Robert Mautino with the law firm of Baxley and Mautino in San Diego
and Marlene Morris formerly with the law firm of Fallon, Bixby, and Cheng in San Francisco for their
generosity in looking over drafts of the original version of this Manual in 1994 and providing very
insightful comments and extremely useful editorial suggestions. I want to give special thanks to Timothy
Sheehan and Shari Kurita at the ILRC who were instrumental in formatting and organizing the entire
publication. We also want to thank Interpreter Releases and Mathew Bender & Co., Inc. for giving us
permission to include parts of their publications in the appendix to this manual.
We extend our gratitude to the James Irvine Foundation for funding the ILRC to write the original edition
of this Manual in 1994 and several subsequent updates to the Manual. From the James Irvine Foundation,
we wish to extend special acknowledgement to Craig McGarvey, the former program director of civic
culture, and Amy Dominquez-Arms for providing funding for this Manual. Additionally, we wish to thank
Cathy Cha at the Haas Jr. Fund, Geri Mannion at the Carnegie Corporation of New York, Raquiba LaBrie
at the Open Society Foundations, Leslie Dorosin at the Grove Foundation, Sue Van at the Wallace H.
Coulter Foundation, and the staff at the California State Bar Trust Fund for helping to provide resources
available for updating this manual. The statements made and views expressed are solely the responsibility
of the author.
Finally, we thank all the lawyers, paralegals, clients, and other members of the immigrant communities
who have been so kind to us for their help and input in putting together this Manual. Please note that the 1st
edition of this manual was originally published in March 1994. The research for this edition, the fourteenth
edition, was completed in August of 2016.
Eric Cohen
San Francisco, CA
September 2016
Naturalization & US Citizenship
September 2016
NATURALIZATION & US CITIZENSHIP
14RD EDITION
TABLE OF CONTENTS
Chapter 1 Introduction
§ 1.1 Introduction to Citizenship ................................................................................. 1-1
§ 1.2 Overview of the Basic Requirements for Naturalization ................................... 1-3
§ 1.3 How to Use This Manual.................................................................................... 1-4
§ 1.4 Contents of the Manual ...................................................................................... 1-6
§ 1.5 Key Definitions .................................................................................................. 1-6
Chapter 2 Initial Discussions with Clients
§ 2.1 Overview of Working with Clients to Complete the Naturalization
Process ................................................................................................................ 2-1
§ 2.2 Explaining Naturalization................................................................................... 2-3
§ 2.3 Advantages and Disadvantages .......................................................................... 2-8
§ 2.4 Reasons Why Some People Want to Naturalize ................................................. 2-9
§ 2.5 Reasons Some People Do Not Want to Apply ................................................. 2-10
Appendix 2-A Naturalization Flyers (English, Spanish, and Chinese)
Chapter 3 Overview of Naturalization, the Legal Requirements, and the Application
Process
§ 3.1 What Is Naturalization? ...................................................................................... 3-1
§ 3.2 Considerations in Naturalizing ........................................................................... 3-2
§ 3.3 The Nine Basic Naturalization Requirements .................................................... 3-3
§ 3.4 Lawful Permanent Resident Status ..................................................................... 3-5
§ 3.5 Age ..................................................................................................................... 3-6
§ 3.6 Good Moral Character, Bars to Naturalization, Permanent Ineligibility
for Citizenship, and Discretion ........................................................................... 3-7
§ 3.7 Attachment to the Principles of the Constitution ............................................... 3-9
§ 3.8 English Language ............................................................................................... 3-9
§ 3.9 U.S. History and Government .......................................................................... 3-10
§ 3.10 Residence in the United States ......................................................................... 3-11
§ 3.11 Physical Presence in the United States ............................................................. 3-12
§ 3.12 Disruption of Continuous Residence (Breaking the Continuous
Residence for Naturalization Purposes) ........................................................... 3-12
§ 3.13 Oath of Allegiance............................................................................................ 3-14
§ 3.14 Overview of the Application Process ............................................................... 3-14
Table of Contents 1
Immigrant Legal Resource Center
September 2016
Chapter 4 Lawfully Admitted for Permanent Residence
§ 4.1 Introduction ........................................................................................................ 4-1
§ 4.2 Ineligible for Admission as a Lawful Permanent Resident ................................ 4-3
§ 4.3 Inadmissible at Time of Entry or Adjustment of Status and Now
Removable .......................................................................................................... 4-5
§ 4.4 The Continuing Validity of “Entry,” “Re-Entry” and the
Fleuti Exception ................................................................................................. 4-9
§ 4.5 Waivers under § 212(k) .................................................................................... 4-13
§ 4.6 Fraud Waivers in Removal Proceedings .......................................................... 4-15
§ 4.7 Abandonment of Residence: Losing Permanent Resident Status ..................... 4-17
§ 4.8 Reentry Permits ................................................................................................ 4-25
§ 4.9 People Who Have Served in the U.S. Armed Forces during Certain
Wars or “Hostilities” ........................................................................................ 4-26
§ 4.10 Adjudicating Naturalization Applications of Military Personnel ..................... 4-31
§ 4.11 Filipino War Veterans ...................................................................................... 4-32
§ 4.12 Posthumous Citizenship and Surviving Family Benefits ................................. 4-33
Appendix 4-A Checklist to Determine if a Naturalization Applicant Might Be
Deportable Handout for Applicants on Grounds of Deportation (English
& Spanish)
Appendix 4-B Handouts for Applicants on Abandonment of Residence (English &
Spanish)
Chapter 5 Residence and Presence Requirements and Exceptions
§ 5.1 Introduction ........................................................................................................ 5-1
§ 5.2 First Residence Requirement: Five Years of Continuous Residence ................. 5-2
§ 5.3 Exceptions to the Five-Year Continuous Residence Requirement
for Special Groups .............................................................................................. 5-4
§ 5.4 Disrupting Continuous Residence .................................................................... 5-13
§ 5.5 Exceptions to Disruptions of One Year or More .............................................. 5-20
§ 5.6 Second Residence Requirement: Three Months of Local Residence ............... 5-23
§ 5.7 Third Residence Requirement: Continuous Residence after Submitting
the Application ................................................................................................. 5-24
§ 5.8 Physical Presence Requirement ........................................................................ 5-24
§ 5.9 The Effect of Deportation/Removal Orders and Deferred Inspections ............ 5-27
Chapter 6 Good Moral Character and Statutory Bars to Eligibility
§ 6.1 Introduction ........................................................................................................ 6-1
§ 6.2 The Good Moral Character Requirement: An Overview ................................... 6-3
§ 6.3 Statutory Bars to Establishing Good Moral Character under
INA § 101(f) ....................................................................................................... 6-8
Table of Contents 2
Naturalization & US Citizenship
September 2016
§ 6.4 Denial of Naturalization Based on a Discretionary Finding of a Lack
of Good Moral Character ................................................................................. 6-28
§ 6.5 Dealing with Clients Who May Have a Criminal Record: Obtaining
Records ............................................................................................................. 6-48
§ 6.6 Temporary Ineligibility to Naturalize ............................................................... 6-49
§ 6.7 Permanent Ineligibility to Naturalize ............................................................... 6-50
§ 6.8 Deportability Issues .......................................................................................... 6-52
§ 6.9 Non-Citizen Voting .......................................................................................... 6-67
§ 6.10 False Claims to U.S. Citizenship ...................................................................... 6-73
Appendix 6-A Obtaining Criminal Record Checks for Naturalization Applicants and
Other Immigrants
Appendix 6-B Example of Positive Equities for Determining Good Moral Character
Appendix 6-C Good Moral Character Handouts in English & Spanish
Appendix 6-D Effects of Welfare Benefits to Applicants for Naturalization
Appendix 6-E INS Memorandum from General Counsel Paul Virtue on Failure to
Register for Selective Service as a Bar to Naturalization, April 27, 1998;
and Executive Office of Naturalization Operations, Policy Memorandum
No. 11, “Reiteration of Service Policy regarding §334 of the INA,” June
18, 1999
Appendix 6-F USCIS Memorandum from Director William R. Yates on Amendment to
AFM 73.6(d)(3)(B) regarding Application of the “Unlawful Acts”
Regulation in Naturalization Determinations; September 19, 2005
Chapter 7 The English and U.S. History and Government Tests and Working with
Applicants Who Have Disabilities
§ 7.1 Introduction ........................................................................................................ 7-1
§ 7.2 English Requirements......................................................................................... 7-3
§ 7.3 Exceptions to the English Language Requirement ............................................. 7-7
§ 7.4 U.S. History and Government: “The Civics Test” ............................................. 7-8
§ 7.5 Special Rules on the Civics Requirement ........................................................ 7-11
§ 7.6 Re-Examination ................................................................................................ 7-13
§ 7.7 Introduction to Accommodations for Individuals with Disabilities and
the Disability Exceptions to the English and Civics Requirements ................. 7-14
§ 7.8 USCIS Must Make Reasonable Accommodations to the Naturalization
Process for Applicants with Disabilities .......................................................... 7-17
§ 7.9 Understanding the Disability Exceptions ......................................................... 7-24
§ 7.10 Applying for the Disability Exceptions: Preparing the N-648 Form ................ 7-36
§ 7.11 How Advocates, Doctors and Social Workers Can Work Together ................ 7-42
§ 7.12 Applying for the Disability Exceptions: Procedural Issues .............................. 7-45
§ 7.13 Appeals of Denials of Disability Exceptions.................................................... 7-53
§ 7.14 Signature on Naturalization Form and N-648 Form ......................................... 7-54
§ 7.15 The Naturalization Examination and Oath of Allegiance for People
with Severe Disabilities .................................................................................... 7-55
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Immigrant Legal Resource Center
September 2016
§ 7.16 USCIS Recognized Indicators that a Naturalization Applicant with
a Disability Understands the Oath .................................................................... 7-60
§ 7.17 Expedited Ceremonies for Persons with Serious Illness or Disabilities ........... 7-62
Appendix 7-A Links for Preparing for the English and U.S. History and Government
Tests: Classes, Sample ‘100 Questions,’ Reading and Writing
Vocabulary, Civics Questions for the 65/20 Exemption, and Other
USCIS Resources
Appendix 7-B Step by Step FOIA Guide and Blank Form G-639 & Instructions
Appendix 7-C Disability Exceptions, Final Rule amending 8 CFR § 312, regarding
Exceptions to the Educational Requirements for Naturalization for
Certain Applicants, 62 FR 12915 (Mar. 19, 1997).
Appendix 7-D Sample Letter Requesting Accommodation at Naturalization Interview
Appendix 7-E Section 504 Discrimination Complaint – Sample Complaint, and
Flowchart
Appendix 7-F Sample Letter and Tips for Medical Professionals and N-648 Disability
Waiver Form (Blank Form and Instructions)
Appendix 7-G Memorandum from Michael A. Pearson, Executive Associate
Commissioner, Office of Field Operations, Immigration and
Naturalization Service. “Section 312 Disability Naturalization
Adjudications.” April 7, 1999
Appendix 7-H Memorandum from William R. Yates, Acting Associate Director, Bureau
of Citizenship and Immigration Services. “Procedures for Implementing
the Waiving of the Oath of Renunciation and Allegiance for the
Naturalization of Aliens having Certain Disabilities,” June 30, 2003
Appendix 7-I USCIS Memorandum from Michael Aytes, Acting Associate Director,
Domestic Operations. “Adjudication of Form N-648, Medical
Certification for Disability Exceptions to the Immigration and
Nationality Act (INA) Section 312 Naturalization Requirements.” May
10, 2006.
Appendix 7-J USCIS Memorandum from Donald Neufeld, Acting Deputy Associate
Director Domestic Operations Directorate, “Guidance Clarifying the
Adjudication of Form N-648, Medical Certification for Disability,”
September 18, 2007
Appendix 7-K USCIS Interim Policy Memorandum, “Revised Guidance for
Determining the Sufficiency of Form N-648, Medical Certification for
Disability Exceptions; Revision to Adjudicator’s Field Manual Chapter
72 and 74 (AFM Update AD10-14),” Dec. 14, 2010
Appendix 7-L Memorandum from William R. Yates, Deputy Executive Associate
Commissioner, Office of Field Operations, Immigration Services
Division. “Guidance on Making the Naturalization Process Accessible to
Applicants with Disabilities,” January 21, 2003
Table of Contents 4
Naturalization & US Citizenship
September 2016
Chapter 8 The Application Process and Interview
§ 8.1 Introduction to the Naturalization Process ......................................................... 8-1
§ 8.2 The Application .................................................................................................. 8-1
§ 8.3 Documentation ................................................................................................. 8-26
§ 8.4 Applications of People with Disabilities .......................................................... 8-31
§ 8.5 Expedited Naturalization Application Processing ............................................ 8-32
§ 8.6 Amending the Application ............................................................................... 8-34
§ 8.7 Transferring to Another District ....................................................................... 8-35
§ 8.8 Withdrawing the Application ........................................................................... 8-36
§ 8.9 Preparing for the USCIS Interview .................................................................. 8-36
§ 8.10 The Interview ................................................................................................... 8-38
§ 8.11 What Happens after the Interview .................................................................... 8-40
§ 8.12 Problems in the Process .................................................................................... 8-41
Appendix 8-A Sample N-400 Naturalization Application
Appendix 8-B Annotated N-400
Appendix 8-C Continuation Pages for N-400
Appendix 8-D N-400 Direct Mail Service Center Addresses
Appendix 8-E Legal Worker Checklist for Naturalization Cases
Appendix 8-F Letter Regarding Delay of Application Due to File Lost by INS
Appendix 8-G N-400 Application Review Guide
Appendix 8-H INS Memorandum on “Fingerprint Waiver Policy for All Applicants for
Benefits under the Immigration and Nationality Act and Procedures for
Applicants whose Fingerprint Responses Expire after the Age Range
during which Fingerprints Are Required”
Appendix 8-I Naturalization Fee Waiver and Reduced Fee Option
Appendix 8-J Sample Fee Waiver Packet & USCIS Memorandum on Fee Waiver
Guidelines
Appendix 8-K Sample Letters Contesting INS Decision to Recommend Denial of
Naturalization Application
Appendix 8-L USCIS Policy Memorandum: “Processing Expedited Naturalization
Applications,” August 23, 2000; USCIS Questions and Answers for
Members of the Military
Appendix 8-M USCIS Policy Memorandum: “Revised Guidance for the Referral of
Cases and Issuance of Notice to Appear (NTAs) in Cases Involving
Inadmissible and Removable Aliens”
Appendix 8-N USCIS List and Website Description of Terrorism-Related
Inadmissibility Grounds (TRIG) Group-Based Exemptions
Appendix 8-O Sample Attorney-Client Letter Discussing Next Steps in Naturalization
Application Process
Appendix 8-P Sample Naturalization Application Cover Letter to USCIS
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