Exemption exists for party affiliated applicant filing US citizenship application?


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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.

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