Seeking citizenship? Here's everything you need to know!
The path from green card to U.S. citizenship can be a long and winding one – and bureaucratic hassles are inevitable. But with Becoming a U.S. Citizen, you can shave months or years off the time it takes to become a citizen. Find out how to:
-determine your eligibility
-make sure you won’t risk deportation by applying
-fill out application forms
-study for the citizenship exam
-have a successful interview
-deal with setbacks
-enjoy your status as a U.S. citizen
-help family members immigrate
Becoming a U.S. Citizen also shows how you may be able take advantage of special procedures if you are disabled, in the military, the spouse of a U.S. citizen, or for other reasons.
The revised 3rd edition reflects current and proposed laws, as well as new fees and procedures. It also includes the latest forms, plus handy checklists that help you organize your application and interview materials.
List of Forms
G-14 (No title—an information-gathering form)
G-325B Biographic Information
N-336 Request for a Hearing on a Decision in Naturalization Proceedings (Under Section 336 of the INA)
N-400 Application for Naturalization
N-426 Request for Certification of Military or Naval Service
N-648 Medical Certification for Disability Exceptions
Deciding Whether to Apply for Citizenship
Introduction
Many people spend their entire lives in the United States without ever trading in their green cards for citizenship -- and their friends probably never know it. Their reasons vary: Some of these long-time permanent residents want to show their loyalty to their native country, some are worried that they'll fail the citizenship exam, and some just never get around to applying.
For many green card holders, however, the advantages of U.S. citizenship -- for example, security from deportation, freedom of travel, and eligibility for public benefits -- far outweigh the drawbacks. And as we'll see, citizenship offers some refuge from political decisions that whittle away at green card rights.
In this chapter, we'll discuss the advantages and disadvantages of applying for and obtaining U.S. citizenship.
Read this chapter even if you are sure you want to apply for U.S. citizenship. Focus in particular on Section A1, where we explain how applying for U.S. citizenship can lead to your deportation either if your original green card application should not have been approved or if you've committed acts since receiving your green card that make you removable (deportable).
Deciding Whether to Apply for Citizenship
A. The Disadvantages of Applying for Citizenship
We'll start with the negative aspects of applying for and receiving U.S. citizenship -- but not because they outweigh the positive aspects. We simply want you to fully appreciate the risks and possible pitfalls of applying for or receiving U.S. citizenship. These include:
if you got your green card fraudulently or have since become removable, applying for citizenship may bring you to USCIS's attention and result in your deportation (removal from the U.S.) (see Section A1)
your native country may not allow dual citizenship (see Section A2)
carrying a U.S. passport may be a security risk in some countries (see Section A3), and
you may not be allowed to serve your home country in times of conflict (see Section A4).
1. The Risk of Removal From the U.S.
If something happened in your past that makes you removable or deportable, you should not apply for U.S. citizenship -- or, at the very least, you should talk to a lawyer before doing so. The citizenship process may uncover whatever it is you're hiding and send you directly into removal proceedings. Perhaps your green card should never have been approved in the first place because you lied on the application, or maybe you've committed a crime that no one at USCIS seems to have noticed yet. Either way, applying for citizenship gives USCIS a chance to review your whole immigration history, from the time you entered the United States to the present. If something isn't quite right, you could find yourself fighting deportation in Immigration Court.
In this section, we look separately at the two most common types of problems:
a green card that shouldn't have been approved in the first place, and
a green card that USCIS can take away because you've done something that violates its terms.
a. If Your Green Card Application Shouldn't Have Been Approved
USCIS would be the first to admit that it makes mistakes, sometimes approving people for green cards who were not eligible for them. You probably already know if you committed outright fraud -- that is, lied or deliberately covered something up -- on your green card application. Common types of fraud include faking a marriage, hiding a criminal conviction in one's home country, and creating false documents to show a sponsor who doesn't exist.
Synopsis
Seeking citizenship? Here's everything you need to know!
Table of Contents
Introduction
1. Deciding Whether to Apply for Citizenship
A. The Disadvantages of Applying for Citizenship
B. The Advantages of U.S. Citizenship
2. Are You Eligible for U.S. Citizenship?
A. Confirming Your Permanent Resident Status
B. Your Physical Location During Permanent Residency
C. The Age Requirement
D. Demonstrating Good Moral Character
E. English Language Skills
F. The U.S. History and Government Exam
G. Loyalty to the U.S.
H. Overview: Are You Ready to Apply?
3. Preparing and Submitting Your Application
A. What You'll Put in Your Application Packet
B. Preparing Your Cover Letter
C. Filling Out USCIS Form N-400
D. Submitting the Application
4. Between Filing and Interview: Dealing With the Wait
A. Improving Your Eligibility for Citizenship
B. Tracking Your Application and Dealing With Delays
C. If You Move or Go on Vacation
D. Requesting Emergency Attention
E. When All Else Fails, Call Your U.S. Congressperson
5. Preparing for the English Exam
A. How Much English You'll Need to Know
B. How USCIS Tests Your English
C. Study Resources
6. Preparing for the U.S. History and Government Exam
A. Your Exam Preparation Strategy
B. Learning the Answers to the Sample Questions
C. The 25 Questions for Applicants Age 65 and Older
7. Overcoming Disability When Applying for Citizenship
A. How to Become the Applicant's Designated Representative
B. Accommodating Your Disability
C. Obtaining a Disability-Based Waiver of the Exam Requirements
D. Requesting a Waiver of the Oath of Allegiance Requirement
8. The Interview
A. Final Preparation
B. The Interview
C. If the Interview Goes Badly
D. Approval or Denial: What's Next?
9. Denials, Appeals, and Repeat Interviews
A. Retaking the Exams
B. Providing More Documents
C. Choosing to Appeal or Reapply
D. How to Appeal
E. What to Do If You Lose the Appeal
F. Reapplying for Citizenship
10. Legal Help Beyond This Book
A. When Do You Need a Lawyer?
B. Make a List of Prospective Attorneys
C. Avoid Sleazy Lawyers
D. Choosing Among Lawyers
E. Signing Up Your Lawyer
F. Firing Your Lawyer
G. Do-It-Yourself Legal Research
11. After You Are Approved
A. The Swearing-In Ceremony
B. How to Prove Your Citizenship
C. Registering to Vote
D. Citizenship for Your Children
E. Helping Other Family Members Immigrate
Glossary
Appendixes
A. Sample U.S. History and Government Questions With Answers
B. Tear-Out Immigration Forms
Index
Reviews
ForeignerInAmerica.com ...
"Covers topics that most other guides don't, helping you to avoid troublespots."
Carl Shusterman, former INS Naturalization attorney, author of Shusterman's Immigration Update ...
"A useful guide for individuals seeking to become naturalized citizens of the U.S. I highly recommend it."
About the Author
Ms. Bray is an author and legal editor at Nolo. Her specialties include real estate, immigration law, and nonprofit fundraising. Ms. Bray also edits a number of Nolo's small business and small claims court books. Ms. Bray's working background includes solo practice, nonprofit, and corporate stints, as well as long periods of volunteering, including an internship at Amnesty International's main legal office in London. She received her law degree and a Masters degree in East Asian (Chinese) Studies from the University of Washington. When she's not at work she enjoys hiking the East Bay hills, attempting to cook Asian noodle dishes, and going to open houses.