How long to become citizen in US also depends on Form N-648 review time.

physician

 

The disability exception form must be reviewed by the officer and this could increase the time period of how long to become a citizen in US by an applicant who filed Form N-400. The completeness, certification and if the form is signed should be determined.  Within 6 months after submission the form must be certified by a medical profession. For the duration of application processing time then the certified form is valid
until the applicant gains citizenship status
.

What on Form N-648?

Between the information which includes the applicant’s biographic data, during interview the testimony given and on the applicant’s A-file the information present and information provided on the form there should not be any discrepancies and this the officer should ensure. Also during review the officer should check form if it includes in full the information about original medical condition and also the casual connection with inability to comply with requirements by applicant.

By a predominance of the evidence in a way ‘more likely than not’ the applicant is eligible for the exception should be established by determining whether sufficient information is there in the form.

 Do-not while reviewing

A officer should not give his opinion on the ability of the applicant to comply with the English and civics requirements or in order to conclude the validity of the medical diagnosis assume responsibility or authority.

Just solely since the applicant asked for care from a professional who speaks same language, shares the same ethnicity, culture or either nationality officer should not refer an applicant to another medical professional. If previously it was not recorded in other medical examination or documents related to immigration officer cannot conclude that the applicant is not having the medical condition. If the form doesn’t discuss one particular activity the officer should not ask questions about the ability to complete that activity to an applicant.

Officer should not insist on specific medical, laboratory, clinical diagnostic techniques, methods or tests to be completed by applicant. In lieu of the diagnosis of the medical professional officer should not develop and substitute own diagnosis of the applicant’s medical condition. Diagnosed medical condition of the applicant should not be challenged by officer using questionnaires or tests.

While reviewing the form or during the examination unless facts directly contradict those in the A-file officer should not question about his/her medical care, community and civic affairs, job duties or activities in daily life to the applicant. In order to ask about whether for the medical professional’s diagnosis there was a proper basis the officer must not request to see medical record or medicine prescription of the applicant.  If cases where an applicant seeks an exception from only certain portions the officer should not infer the applicant’s ability to meet the terms with all portions of the English and civics requirements.

Completed Form N-648 details

All Form N-648s which are completed properly must consists of requested information including clinical diagnosis of the medical condition of the applicant and if applicable the DSM code, medical condition description based on which the disability exception is and by the medical professional the date on which the applicant was examined.  

Information whether the medical professional treats the applicant regularly for the stated conditions with indication of the doctor-patient relationship must be described. Also explanation of why instead of the medical professional who regularly treats he/she was certifying the disability form. Form should also state that for at least 12 months the medical condition has lasted or is expected to last. If illegal use of drugs resulted in the medical condition should be stated. If information is known about the cause of the medical condition should be explained.

In order to diagnose the medical condition the clinical methods used should be described in the form. In order to successfully complete the educational requirements for naturalization a description of the effect of the medical condition on the ability of an applicant should be added. Lastly if for the applicant’s examination if an interpreter was used by the medical professional should be stated in the Form N-648.

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Authorized to file for disability exception for a US citizenship applicant?

doctor primary-health-care

 

In order to certify a disability exception form only licensed medical professionals are authorized by United States Citizenship and Immigration Services (USCIS) which includes medical doctors, osteopathy doctors and clinical psychologists. This exception form helps disabled applicants of US citizenship who are unable to meet the educational requirements. Applicants applying for American citizenship online also are eligible. In any state of the United States, Guam, Puerto Rico, Washington, D.C., the Commonwealth of the Northern Mariana Islands and the Virgin Islands these medical professionals should be licensed to practice.

What authorized medical professional does?

Following are the things a medical professional must do:

  • An in-person examination of the applicant must be conducted
  • On Form N-648 should properly explain the nature and extent of the medical condition
  • Applicant’s inability to comply with the English and civics requirements should be explained and also how it relates to his/her medical condition  
  • To show or prove that the medical condition has lasted or is expected to last at least 12 months attestation is required and 
  • Also to prove that illegal use of drugs is not reason for the cause of the medical condition attestation is required.

Using common terminology which a layman or a person who has no medical training can understand the medical professional must complete the disability exception form. Verification of the accuracy of the form’s content is the responsibility of the medical professional alone though a staff associated with the medical professional may assist in form completion. The supporting documents like the medical diagnostic reports and records must be attached to the form by the medical professional who certifies it. Written responses to each of the questions or item on the form must not be replaced by the attachments.

Points to remember by the officer

1. Review guidelines

To determine if the applicant is eligible for the exception an officer should review the disability exception form and decide if the applicant’s eligibility for the exception is sufficiently established by the form or not.

2. Completeness of Form to be checked

The disability form which is submitted must be checked for completeness by the officer and to make sure that all the required questions are answered by the medical professional and that along with the applicant he/she has certified the form. The officer should administer the English examination if all questions have not been answered or applicant or medical profession has not signed the form.

3. Medical Examination and Nexus

Focus should be on specific details provided by the medical professional if there is a nexus or casual connection between the applicant’s disability or impairment and his/her inability to express educational requirements for naturalization for the officer.

4. Interpreter Certification missing

On the disability exception form if the interpreter certification is not there the officer should confirm with the applicant if interpreter was used by medical professional during medical examination. Either the medical professional himself could have used native language during examination without or with interpreter.

5. Supplemental Disability Determination request

Supplementary disability determination should not be requested by officer generally and based on merits of original form evaluation should be done. In case from another medical professional supplementary disability determination form is requested the officer should explain reasons for doubting the authenticity of the information on the original form and also officer should consult and receive approval from his/her supervisor before requesting supplementary report. Also to facilitate the applicant’s ability to find another medical professional the relevant state medical board contact information should be provided to the applicant by the officer.

Aware of medical disability exception option from tests during process of becoming a citizen in US?

disabled immi law

 

Due to any physical, developmental disabilities or any kind of mental impairment for the applicants who are not able to meet the educational requirements in 1994 Congress had passed a legislation which provides an exception to educational requirements in the process of becoming a citizen in US.

For applicants filing US citizenship application who are unable to fulfill due to any physical, developmental disabilities or any kind of mental impairment which was ‘medically determinable’ that has or will last for at least 12 months the English and civics requirements will not apply. By acceptable clinical or laboratory techniques ‘medically determinable’ determination are made which is defined by regulations.

Who can file for medical exception?

His/her inability to express the educational requirements needed for naturalization must be displayed in such a way that the disability or impairment of the applicant affects the performance of the individual. In order to request for an exception to the educational requirements for naturalization illiteracy will not be acceptable as a valid reason. For any ‘medically determinable’ physical, developmental disabilities or any kind of mental impairment advanced age of and in itself is not a reason additionally.

As an attachment to the naturalization application Form N-648, medical certification for disability exceptions must be submitted by an applicant seeking an exception to the educational requirements. The form should be completed only by a licensed medical professional. The applicant’s medical condition which prevents him/her to meet the English or civics requirement or both of them should be certified by the medical professional.

Concurrent filing of both the naturalization application and the disability based exception form are not allowed by United States Citizenship and Immigration Services (USCIS) for certain circumstances. So during any part of the naturalization process which includes after filing of the application but before the first examination or while the first examination is happening accordingly applicant may file for disability exception. Also either during the reexamination that occurs after the first examination of the applicant was rescheduled or after denial of the naturalization application when rehearing will take place the disability exception application may be filed by the applicant.

Difference between accommodation and medical exception

To the naturalization examination process request for exception is different from requesting an exception to the English and civics requirements. From the educational requirements complete exemption is given by an exception to the English and civics requirements. On the other hand to the manner in which an applicant meets the educational requirements are simply modified by an accommodation. From the educational requirements complete exemption is not given to the applicant.

Provision for sign language interpreters, extension to the time for testing and testing at an offsite location are some of the reasonable accommodations included.  Even with reasonable accommodations applicant should show that his/her medical condition prevents him/her from meeting the English and civics requirements in order to be eligible for a disability exception. Form N-648 must be in such cases for medical exception from educational requirements required for naturalization in US.

How long to become citizen depends on knowledge of US history too.

citizen civics test

 

The civics of the United States which includes the fundamentals of the history, form of government and its principles must be known by an applicant filing for naturalization. Time period of how long to become citizen by applicant is also decided based on how fast applicant gains knowledge of US government. Applicants should pass the civics portion of the citizenship test. When applying for American citizenship online also these tests are conducted. As last part before naturalization tests for English and civics requirements are conducted by an immigration officer.

What is civics test?

In the standardized test administered by an officer out of the ten questions asked orally the applicant should answer at least six of them correct to prove the civics knowledge sufficiently. The officer stops the tests once the applicant is able to answer six of the ten questions asked correctly.  

If applicant provides exact correct or an alternative phrasing of the answer for six of the ten questions asked an applicant passes the civics test.  An incorrect answer or failure to respond correctly to at least six of the ten questions asked from the standardized test form results in applicant failing the civics test.

Am I eligible for exemption?

After admission to US as a lawful permanent resident for at least 20 years of time period to applicant who is 65 years and above of age old officer gives special consideration. At the time of filing the application for US citizenship the age and time requirements must be met. When administering the civics tests to such applicants questions from the three “65/20” test forms are only asked by the officer. From the usual list of 100 questions these test forms only contain 20 specially designated civics questions.

Considerations for test

In choosing the subject, question phrasing and while responses are evaluated the officer administering the civics test must give due consideration depending on each case. Depending on the applicant’s age, background, education level and total time period of residence in the United States the evaluation of civics test should be decided. Also in order obtain the knowledge required the opportunities available and efforts made should be considered. To the applicant’s knowledge and understanding any other related relevant factors is also considered.

Civics and English requirements

Failing in all tests or either English portion or civics portion of the tests after the initial examination results in USCIS scheduling a retest for the applicant. Within 60 to 90 days from the initial examination the retest is conducted. Same forms administered during the initial examination for the English or civics tests should not be administered again by the officer in cases where the applicant is appearing for reexamination. Only in the areas where the applicant failed previously the officer must retest. The officer must only administer the English writing test during the re-examination if, for example, the applicant during the initial examination passed the English speaking, reading, and civics portions but failed the writing portion only.

Officer must deny the application based upon the applicant’s failure to meet the educational requirements for naturalization if an applicant fails any portion of the naturalization test a second time. In the denial notice any other areas of ineligibility also must be mentioned by the officer. If the applicant refuses to take a test or to reply to any of the questions asked an officer should treat it as a failure of the test.

Test results documentation

In the applicant’s A file the test results must be recorded by all the officers administering the English and civics tests. At the end of the naturalization examination officers are required to complete and provide to each applicant the results of the examination and testing except when  a denial notice is given to an applicant at the time by the officer. The results of the English and civics tests are included in the results.

Know in detail about English test taken after filing US citizenship application.

English class

 

Ability to read, write, speak and understanding of English words used ordinarily must be demonstrated by an applicant filing US citizenship application. Understandable and relevant communication by using simple terminology and grammar is what is considered as ordinary usage. So this may include pronouncing, constructing, understanding and spelling errors while completing certain words, phrases and sentences which are noticeable.

The English requirement to gain citizenship status may still be met though an applicant may ask for words to be repeated or rephrased and also make some errors in pronunciation, spelling, and grammar. Unless the officer is satisfied whether the applicant fully understands the question being asked or if he/she is having a problem understanding the English language itself an officer should repeat and rephrase questions.

Test to check speaking ability

During the naturalization examination based on the ability of the applicant to respond to the questions asked normally, an officer determines an applicant’s ability to speak and understand English.  Related to the eligibility for naturalization and about questions available on the citizenship application questions are asked by the officer.  Unless the officer is satisfied in knowing whether the applicant fully understands the question being asked or if he/she is having a problem understanding the English language itself an officer should repeat and rephrase questions.

Communication in English is expected from an applicant about the naturalization application and also eligibility for naturalization if he/she does not qualify for a waiver of the English requirement. Each and every phrase or word on the application is not required to be understood by the applicant.

The ability to speak English is demonstrated sufficiently if the applicant generally understands and responds meaningfully to questions applicable to his or her naturalization eligibility.  If applicant is not able to speak English sufficient to understand and take the oath or answer questions on his/her application the applicant fails the speaking test. Rest of the naturalization test portions which include the reading, writing and civics portions must still be administered by the officer next.

The applicant should have an interpreter present in such cases to make them clearly understand the cost of withdrawing the naturalization application and an officer cannot suggest or allow a withdrawal of application from an applicant who cannot speak English.

Ability to reading English

Out of three sentences applicant must be able to read at least one in order to prove English reading ability sufficiently.  The reading test is automatically by the officer once one sentence is read correctly by the applicant.

In a manner that the applicant is able to communicate the meaning of the sentence without long pauses and also which the officer is able to understand if one of the three sentences are read by applicant then he/she passes the reading test. It’s okay for applicant to generally omit short words making errors in pronouncing or intonation of words without affecting the meaning but should read all content words of at least one sentence.

If unable to read at least one sentence successfully the applicant fails the reading test. The applicant should also not omit one content word also or substitute another word instead. Reading sentence after long period of pauses and in such a way that the officer doesn’t understand the sentence including making errors like in pronouncing or word modulation also results in failure of English reading test.

Testing English writing ability

Applicant must write at least one sentence out of the three sentences in such a manner that the officer understands it to prove English writing ability sufficiently. Using the standardized forms of a writing test the sentence is dictated to the applicant by the officer. None of the words should be abbreviated by applicant. The officer should stop the writing test once the applicant is able to write at least one of the three sentences in such manner that the officer understands it.

Spelling, punctuation or capitalization errors made do not result in writing test failure of the applicant. But if the officer is not able to understand the sentence and the errors done affects the meaning of the sentence then the applicant fails the writing test.

If meaning of one of the three sentences is communicated by the applicant to the officer he/she passes the writing test. The sentence may have few grammatical or capitalization or spelling errors. Also short words which do not change the meaning of the sentence may be omitted and numbers can either be written as digits or spelled out.

In a way that the meaning of the sentence is not conveyed and the officer is not able to understand the sentence if applicant writes then he/she fails the test. If the sentence written is different with other words, words written in abbreviated form, with just one or two isolated words and if fully scribbled then in the writing test the applicant fails.

Get to know about tests in the process of becoming a citizen in US.

US citizen test

 

One of the most important requirements for US citizenship is the English language knowledge. Next to the main eligibility requirements like 18 years of minimum age and being a green card holder with minimum 5 years presence in US for the process of becoming a citizen in US the educational requirements are verified. To determine if an applicant meets the English and civics requirements a naturalization test is administered by an officer.

The two components of the naturalization test are proficiency in English language and next US history and government knowledge. The ability of applicant to read, write, speak and understanding of English language is tested.  Testing of the US history and government knowledge forms part of the civics test.

Do I get to take a retest?

The initial examination and the re-examination interview are the two opportunities given to an applicant to pass both tests. Even after two attempts if the applicant fails in any portion of the two tests then USCIS will deny the naturalization application. Failed portion of the test must be administered by the officer again in case the applicant requests a hearing by USCIS on the denial.

Failure to appear for the testing re-examination, take tests at an examination or at a hearing are counted as attempts of failure to pass the test by an applicant unless USCIS excuses it.

Who qualifies for test exception?

From both the requirements of taking the English and the civics tests or any one of them applicant may be given exception. Following are scenarios when an applicant qualifies for such exceptions during naturalization.

1. Exception based on age and residency 

From the English language based test an applicant may be given exception but he/she still should pass the civics test if

  • At the time naturalization application is filed if the applicant is 50 years of age or older and lived in US for minimum 20 years as an lawful permanent resident; or
  • At the time of filing application for US citizenship if the applicant is 55 years of age or older and lived in US for minimum 15 years as a lawful permanent resident.

In the language of own choice the applicant is allowed to take the civics test with the help of an interpreter.

2. Civics test based exceptions

If applicant is 65 years of age or older and has been staying as a lawful permanent resident for minimum period of 20 years in United States at the time of filing for US citizenship special consideration with regards to civics test is given. Specific form for the test is administered for an applicant who qualifies for such special consideration.

3. Exception based on medical disability

Either from the civics requirement, English requirement or sometimes from both requirements exemption is given due to severe medical disabilities the applicant is not able to meet the English and civics requirements.

Under IRCA 1986 requirements

In order to be eligible for adjustment of status to a lawful permanent resident it’s mandatory according to the Immigration Reform and Control Act of 1986 (IRCA) for persons legalized under INA 245A to meet basic skill requirement for citizenship. In order to demonstrate basic citizenship skills an applicant was required to pass the English and civics tests which are administered by legacy Immigration and Naturalization Service (INS), now USCIS. If not by an INS authorized organization then applicants should pass the administered English and civics tests.

Under IRCA only on portion of the test the applicant did not satisfy the officer will retest the applicant on at the time of reexamination for naturalization.   Unless applicant is exempted of English test based on age and residence time considerations or only if he/she qualifies for a medical waiver otherwise at the time of naturalization examination in all cases applicant should demonstrate English speaking ability.

Overview on educational requirements to obtain citizenship status in US.

USC requirement

 

Understanding of the English language which includes ability to read, speak and write the words used ordinarily must be shown by applicants filing for citizenship status in US
generally
. Also civics, the knowledge and good understanding of the fundamentals of the history and principles and form of the US government must be also demonstrated by applicants. English and civics are the requirements for naturalization. This applies for persons applying for American citizenship online also.

To the English requirements the applicant may be eligible for an exception if the applicant is of a certain age and for a good certain period of time applicant has been a lawful permanent resident. From both the English and civics requirements additionally certain applicants having physical or any developmental disability or any mental illness may be eligible.

Character requirement

Good moral character (GMC) is one of the requirements for naturalization. Important to show that the applicant has previously been and will continue to be a person of good moral character for naturalization. During the five year time period prior to filing the naturalization application and up to the time of the Oath of Allegiance generally the applicant must show GMC. Also prior to the five-year period whether the applicant meets the conduct requirement also may impact naturalization.

To naturalize prior to 1906 requirements like English knowledge, civics, history or understanding of the constitution principles were all not required. The applicant would become a US citizen if the court decides that he/she was a law abiding and productive person with good moral character. Unless an applicant understood provisions of the constitution it was found way back in 1908 by former Immigration Service and the Courts that proof to show attachment to the constitution which is required for naturalization was not possible to be ascertained.

Customizing language test

Amendments which included the English language requirement and based on age and residence some exemptions were made by Congress in 1940. This also included a provision in which based on understanding of their constitutional principles questioning the applicants were allowed.

Applicants who were not able to meet the educational requirements for naturalization because of a medical disability were in 1994 provided an exception by a legislation enacted by Congress. Based on age and residence Congress also amended the exceptions to the English requirement that are current today. United States citizenship and immigration services (USCIS) had redesigned the English and civics test on October 1, 2008.USCIS ensured with this redesigned test, that testing experience for all applicants were the same and opportunity to demonstrate their understanding of English and civics were provided equally.

Legal authority details

For educational requirements for naturalization in the Immigration and Nationality Act Part 312 Title 8 of the Code of Federal Regulations (INA 312; 8 CFR 312) details were given. And for the general requirements for naturalization the Immigration and Nationality Act Part 316 Title 8 of the Code of Federal Regulations (INA 316; 8 CFR 316) lists the details.

Exemption exists for party affiliated applicant filing US citizenship application?

 

nazi image

 

Instances when a naturalization applicant who meets all requirements for filing US citizenship application is found to be associated with a communist party may also be granted an exemption and could also obtain US citizenship. Solely the burden lies with the applicant to prove his/her eligibility for that exemption in this case. So in order to obtain US citizenship for some applicants the time it takes to be fully eligible will decide the time period of how long to become citizen
.

For this it’s important for the naturalization applicant to establish one of the following:

  • Involuntarily the applicant had got the membership or affiliation;
  • Unaware of the nature or the organizational aims the applicant’s membership or affiliation was and once the applicant came to know the he/she had discontinued membership;
  • Prior to the applicant attained the age of 16 the membership or affiliation was terminated;
  • More than 10 years prior to the filing for naturalization the applicant’s membership or affiliation was terminated;
  • by operation of law the applicant’s membership or affiliation was;
  • In order to obtain food rations, for purposes of obtaining employment or other fundamentals of living the applicant’s membership or affiliation was necessary.

The applicant’s participation must have been minimal in nature though he/she had participated without being aware of the nature or the aims of that organization. Benefits which were available on a regular basis to the rest of the population including fundamental requirements of living like shelter, food, education, clothing and employment must have been provided by the organization of which the applicant was also a member.

Applicants with higher educational qualification are eligible for this exemption only if he/she can prove that the circumstances were so special that the need for higher education were converted into basic needs like food or employment and in order to receive such prerequisites of living the applicant had extended only minimal support required.

If reason for being a member was to obtain a college education it is inexcusable and not considered as basic essential of living. Hence the applicant should prove that the special circumstances were such that requirement of higher education was like the other very basic needs like food or employment requirements.

Other affiliations affecting naturalization in US

Applicants are not eligible for admission into the United States and are permanently disqualified from naturalization if they are directly or indirectly in association with the Nazi government of Germany or any government which is allied with or occupied by the Nazi government of Germany. Responsibility to prove that the applicant is not ineligible to obtain US citizenship based on involvement in the Nazi party by providing the required proof or support documents to support the claim is with the applicant.

Since he or she is disallowed from establishing good moral character applicant is banned forever from naturalization if he/she was engaged in harassment or genocide. Also prior to being admitted as a lawful permanent resident (LPR) an applicant would become inadmissible if he/she was engaged in either harassment or genocide. In accordance with all the provisions applicable such an applicant would not have lawfully acquired LPR status and hence would not be eligible for naturalization. They could also be deported in such cases.

Connections with national security issues arise from information about applicant’s membership in a terrorist organization. While determining the applicant’s eligibility in terms with the good moral character (GMC) and attachment requirements such information is important.

Make sure you qualify fully for the process of becoming a citizen in US!

COMMU PA

 

To naturalize in US apart from the basis eligibility requirements which includes applicant being minimum 18 years of age and a green card holder with who meets the minimum 5 years of residence requirement, there are also other more specific requirement able to select applicants. So during process of becoming a citizen the applicant should prove his/her intent to the good order and happiness of the US. Burden solely lies on the applicant to prove their attachment to the Constitution of US.

For this it’s important for the applicant not to be a member of some parties and some organizations as discussed below.

Association with communist party

Only if the applicant proves that he/she is not associated with such parties and/or organizations within ten years prior to applying for naturalization and till Oath of Allegiance is administered, he/she qualifies to apply for US citizenship. In case either one of the following is true applicant does not qualify:

  • with the Communist Party or any other dictatorial party the applicant is or has been a member of or associated
  • either a authoritarian single party rule was established by applicant or he/she is or has promoted communism in the United States;
  • With an organization which sponsors communism or the association of repressive single party rule in the United States if applicant is or has been a member. It could be either through its own statement or through any written or printed matter which was published by such organization;
  • As a revolutionary or a member of or associated with a revolutionary organization if the applicant is;
  • If knowingly is publishing or already has published some revolutionary either written or printed material or applicant has printed or written some matter promoting communism.
  • For the purpose of either circulating rebellious written or printed matter, or either written or printed matter which promotes communism if the applicant is knowingly circulating or has circulated, or knowingly possesses or previously has possessed ; or
  • With any organization that either publishes or circulates or for either circulating or publishing purposes if possesses any revolutionary printer or written matter or for sponsoring communism the applicant is or has been a member of, or allied with.

File Form N-426 to obtain citizenship status in US!

Form N-426 USCIS

 

For lack of attachment to the US constitution and constructive temperament to the good order of the US generally by law disallows from naturalization those who are plan evaders and absconders from the US armed forces during wartime. Naturalization will be disqualified for those who have been convicted for a military abandonment or a disappearance from the United States to avoid a military plan by a court martial or a court of knowledgeable jurisdiction. From the applicant’s acknowledgment during the naturalization examination or interview, security checks, and from the Form N-426, Request for Certification of Military or Naval Service such information may be obtained by USCIS.

By court martial or court of experienced jurisdiction if an applicant is not convicted though he/she has admitted to have deserted during wartime may still be eligible for citizenship status in United States. So without a final conviction he/she may be listed as a deserter according to their military records. How long to become citizen for such applicants also will be decided.

Association with certain organizations

During the interview on the naturalization application filed by an applicant the officer will review his/her record and testimony to determine whether he or she was ever a member of or in any way either directly or indirectly associated with:

  • Communist Party;
  • Similar autocratic party or
  • Organization involved in terrorist activities.

Lack of attachment to the constitution may be indicated by the current and previous memberships in such organizations. Not being well inclined to the good order and happiness of the United States is also indicated by such an applicant. Issues of good moral character, lawful admission, or applicant may even be rendered deport-able if they hold memberships in such organizations.

Among all other naturalization requirements like being 18 years or older of age with green card and minimum 5 years of continuous presence in US responsibility lies on the applicant to prove that he or she has an attachment to the Constitution. Also an applicant should also prove to be well inclined to the good order and happiness of the United States. Burden of proof will be considered not met if the applicant refuses to give evidence or submit related documents proving his/her membership in such organizations. At the end of removal proceedings even if such an applicant has not been removed USCIS will deny his/her naturalization application based on such grounds.

So it’s important for such war evaders to make sure they are not convicted by court martial in order to be eligible for citizenship in United States. There could be various genuine and serious reasons behind such acts. It’s very important to note that USCIS does consider such cases and does process the naturalization application of such applicants who are not convicted. Making sure to have the required papers and documents is very important to prove their case. So persons who have worked with United States army should file Form N-426 and get the necessary certificates before filing for citizenship in US.