At the time the naturalization application is filed the applicant should generally be above the age of 18 years of age and also should submit proof that the applicant was lawfully admitted for permanent residency to the United States. In case by any kind of fraud, by mistake or any other option not in agreement with the law if the permanent residency was obtained by the applicant and also not according to the provisions of the Immigration and Nationality Act (INA) then it’s not lawful admission.
Do you hold a PRC?
So it’s important to ascertain that the applicant is not only possessing a permanent resident card but also that the status was obtained lawfully while determining the applicant’s naturalization eligibility by USCIS. So even though an applicant is holding a permanent resident card if the status was not obtained through lawful means and not admitted lawfully and in agreement with the INA provisions then the applicant is not eligible for naturalization.
Also it’s important to renew green card on time and make sure it is valid always. At the time of filing for naturalization an applicant must have resided in US continuously for minimum five years. If the green card holder was a business person who traveled frequently he/she should make sure of renewing your green card online and hold a valid resident card always. Even 90 days before the continuous residence period requirement of minimum 5 years is met applicant can file for naturalization if properly the criterion is met.
Continuous resident requirements
According to conditional residence provisions all the requirements must have been met by a conditional permanent resident (CPR) who is applying for naturalization based on meeting the minimum five years permanent resident requirement. Unless and until the condition on their residence is not removed the CPRs should not apply for naturalization since according to all applicable provisions of the INA he/she is not admitted as a permanent resident yet. The applicant cannot file for US citizenship unless the Form I-751, Petition to Remove the Conditions of Residence has been approved by the USCIS.
Who are eligible for exceptions?
The nationals of the United States who are not citizens are provided with an exception for naturalization from the LPR requirement by law. If you are born in American Samoa or Swains Island which is the remote possessions of the United States you will be considered as US nationals and so without meeting the lawful permanent residency requirement such non citizen nationals can become a resident of any US state and naturalize. The INA do not list such persons as ‘aliens’ and a PRC is not possessed by the nationals.
Exemption is also given to certain members of US armed forces that are in service under specific conditions outside US. Under which grouping a person was issued the LPR status and the date information can be found in a PRC. In accordance with all applicable provisions of the INA whether the card was obtained cannot be proved by just holding a PRC. But as proof of the lawful permanent status it’s important for all above the age of 18 years to carry along the PRC.
Posted by immigratingtousa on April 10, 2013
Person’s identification and his/her US citizenship confirmation information are the contents of a certificate of citizenship. On the certificate of citizenship the information of the applicant which includes the Registration ‘A’ number of United States Citizenship and Immigration Services (USCIS), complete name, place of residence, country of birth, marital status, photograph, other descriptors like the date of birth, sex, height etc and the applicant’s signature.
The certificate of citizenship issued after becoming a US citizen also contains the certificate number, the date on which he/she became US citizen, date the certificate was issued, statement by the USCIS Director indicating that with all the US citizenship eligibility requirements under law of the United States had been fulfilled by the applicant. The certificate would also contain as the authority responsible for the issuance of certificate the DHS seal and Director’s signature.
How to file for certificate replacement?
In case an applicant after becoming a US citizen has lost or if the certificate of citizenship is stolen and he/she would like to know how to get a duplicate US citizenship certificate, they can file Form N-565 to get a replacement for the certificate. The filing fee for Form N-565, Replacement of Citizenship document is $345.
Due to marriage or divorce there may be changes to the name and to request to update the new name on the certificate Form N-565 should be filed with USCIS. Also applicant could apply for replacement of certificate with information about new gender in addition if an applicant has gone through a gender change after legal approval. Marital status which is already listed on the certificate may also need a change in such cases of gender change. Under the Defense of Marriage act (DOMA) if accordingly any gender change request affecting the validity of marriage to the USCIS headquarters the case should be referred.
Who issues Certificate of Citizenship?
After a person’s citizenship application is approved and the Oath of Allegiance is administered, if required in the presence of a designated USCIS officer, generally USCIS issues a Certificate of citizenship. As evidence for lawful permanent residence persons are issued a permanent resident card (PRC) or an Alien Registration card (ARC). Only after the US citizenship applicant surrenders it the USCIS will issue a Certificate of citizenship to him/her. The requirement of surrendering the card will be waived off by the USCIS if the US citizenship applicant is able to prove that the card got lost or was destroyed.
After the US citizenship application is approved the USCIS will issue citizenship certificate in cases where the person has been given a waiver by USCIS from taking the Oath of Allegiance. If such a person or applicant if below the 18 years of age the certificate is issued to him/her in person, to the parent by certified mail or legal guardian. To applicant above the age of 18 years of age the certificate of citizenship is issued to the person or a legal guardian.
Posted by immigratingtousa on April 10, 2013
After the applicant submits immigration forms to the USCIS the citizen certificate is issued. The form which need to be submitted in order to obtain it by an applicant who has resided in the United States and has acquired or derived citizenship automatically at birth or after birth by filing the Form N-600, application for certificate of citizenship. For a child of a US citizen who is residing outside United States by filing Form N-600K , an application for citizenship and issuance of certificate under section 322. If in case you are thinking about what to do if you lost your naturalization certificate, for any changes to the already issued certificate, replace lost one or to correct any mistake Form N-565 must be filed.
Who can file for citizen certificate?
Along with the fee applicable the form instructions must be followed in order to submit the forms. Supporting proof or documents if required should be submitted additionally. Only for children who are under the age of 18 years an application for Citizenship and Issuance of Certificate under Section 322 can be filed. Either after or before the child turns 18 years of age an application for certificate of citizenship can be filed.
Applicant should ascertain that he/she meets the requirements to be eligible for US citizenship and issuance of the certificate if the person who is claiming citizenship is above the age of 18 years. Important to prove that the applicable requirements of eligibility have been met by an applicant who is below 18 years of age by the person filing an application on his/her behalf.
Certificate replacement required?
For either the Certificate of citizenship or Certificate of Naturalization replacement generally an application for replacement, Form N-565 should be submitted by an applicant. Along with the proper fee and in agreement with the instructions in the form the Application for Replacement Naturalization/Citizenship Document should be filed. In case of any damage, mistake or if the form is lost or stolen Form N-565 should be filed for a replacement.
Request for certificate replacement could be filed with a waiver in fee if to the facts available on the applicant’s naturalization or citizenship application is not conventional to the data on the USCIS issued certificate. If there was a clerical error during the certificate preparation by USCIS also fee is waived.
Valid reasons for certificate replacement
To the USCIS requests can be submitted for a replacement of citizenship certificate for a new certificate which has the new or changed name after marriage or divorce of the applicant. Also possible for some applicants to have gone through a gender change and Form N-565 can be filed for a new citizenship certificate with the new changed gender information. This may also change the applicant’s marital status from the one already shown on the certificate. Such cases are referred to the USCIS headquarters where the gender change will affect the validity of the marriage according to the Defense of Marriage Act (DOMA).
Posted by immigratingtousa on April 10, 2013
After applicant files the Form N-400 for US citizenship due to any mental or physical impairment he/she can file for an exception fromcitizenship tests in the process of becoming a US citizen. If the form is found sufficient the process of naturalization would be completed normally and applicant is issued citizen certificate. Sometimes the medical exception Form N-648 filed would be found insufficient by the USCIS officer. If the form has not been completed properly, no proper explanation is given about applicant’s medical condition because of which he/she is not able to meet the civics, English or both requirements the officer decided the request for exception is insufficient. Also if there is discrepancy between names of the naturalization applicant and the name on form filled by the medical professional requesting for exception the officer decided Form N-648 is insufficient for granting exception.
Decision on exception request at different levels
Initial interview level
If the applicant who is not qualified for exception has passed the same English and Civics Tests the officer will check if the applicant meets with the rest of the eligibility requirements and proceed with the naturalization examination. Just for the only reason that the applicant after submitting the disability exception form has passed the same English and civics tests the officer should not determine that the applicant has no good moral character (GMC) or was engaged in any kind of fraud. With regards to the applicant’s relationship with the medical profession who filled the exception form and about the reason for filing it questions will be asked by officer to the applicant though.
If the applicant doesn’t qualify for the disability exception and also fails the citizenship tests, regarding the issues with the exception form for medical disability a request for evidence must be issued by the USCIS officer. A second chance should be given to applicant to meet English and civics requirements within 60 to 90 days of the initial examination by rescheduling a re-examination by the USCIS office.
A request for evidence (REF) mentioning the deficiencies of the form must have been issued by the officer if an applicant’s disability exception form was found to be insufficient at the initial examination by an officer. The evidence which is submitted in response to the REF issued at the initial examination must be reviewed by the officer conducting the re-examination. If during the re-examination the applicant is submitting disability exception form for the first time the officer administering reexamination should review it and determine if its sufficient or not. If form is found sufficient the applicant should be exempted from educational requirements and using an interpreter the officer should proceed with the naturalization examination.
The officer should give another opportunity to the applicant to take the English and civics tests if the form is found to be insufficient by the officer. If in response to the REF the evidence submitted is found insufficient the officer should proceed with the reexamination in English and not consider the disability exception form submitted. Second opportunity to take any portion of the English and civics tests that applicant previously failed must be provided by the officer. No third opportunity to neither take the tests nor file exception form.
Based on the applicant’s failure to meet the educational requirements for naturalization and if he/she fails any portion of the test or declines to answer the test question during reexamination the officer must deny the naturalization application. Reasons for finding the medical exception form insufficient must be provided in detail in the denial notice by the officer.
Hearing on denial stage
Including a review on the disability exception forms submitted an officer may conduct during the hearing on the naturalization denial a full hearing from scratch on a denied naturalization application. Additional documents can be submitted for review at the hearing including a new disability exception form by an applicant at the hearing. So again Form N-648 is checked for sufficiency and if found insufficient retest on any portion of the test failed previously by the applicant should be done by officer.
Case of inconsistency and falsification
Questions about whether even the certifying medical profession examined the applicant may arise in some cases. If certifying medical profession did not examine the applicant of the form or if the naturalization applicant is different from the applicant on exception form the officer according to inconsistency and falsification found by the officer the disability exception form should be found insufficient. Such fraud cases should be referred to Fraud Detection and National Security (FDNS) by the officer after consultation with the supervisor. Such fraud findings should be explained in the denial notice by the officer.
Posted by immigratingtousa on April 3, 2013
Under special provisions of the Immigration and Nationality Act (INA) on the basis of their marriage spouses of the United States citizens would be eligible for naturalization which includes overseas processing too. The general naturalization requirements have to be met by spouses of US citizens generally. Modifications to these requirements are provided though by the special provisions.
Following are those various provisions:
- Applicants who have resided in the United States for at least five years after becoming a lawful permanent resident (LPR) and are spouses of US citizens may naturalize under the general naturalization provisions. It’s also important to renew green card on time. In order to hold a valid green card applicants should opt to at least renewing your green card online.
- After residing in the United States for three years after becoming a lawful permanent resident rather than five years that’s generally required spouse of a US citizen may naturalize.
- Without residing the required period or any physical presence in the United States after becoming a lawful permanent resident spouse of a US citizen who is working abroad for the US government which also includes the armed forces or other entities which are qualified may become a citizen in the United States.
- For purposes of the general five year or three year provisions for spouses spouse of a US citizen serving abroad in the US armed forces may complete naturalization process abroad while staying with his/her spouse. In such cases time spent outside US is considered under residence and physical presence in the United States.
- After becoming a lawful permanent resident without any required period of residence or physical presence surviving spouse of a US citizen who dies during honorable service period in an active duty status in the US armed forces or who was granted posthumous citizenship may naturalize in United States.
On the basis of being battered or after being subjected to extreme cruelty by their US citizen spouse those who obtained lawful permanent resident status as spouses, former spouses or intended ones may additionally file for naturalization in US.
Information on background
Reflections of the legislation dated back to 1922 are the latest provisions for naturalization for the spouse of US citizens. Before naturalization the requirement for the spouse of a US citizen to wait for five years were considered inefficient and undesirable by the Congress. To include a period of three years of residence requirement an amendment was further made by Congress in 1934.Substantially similar to the 1922 and 1934 acts Congress incorporated provisions in 1940 into the Nationality act of 1940.
In order to facilitate the naturalization process for spouses of US citizens and to provide the spouses with the protections which US citizenship could afford is what is in today’s statutes and a reflection of the long standing aim of the Congress.
Posted by immigratingtousa on April 3, 2013
From United States Citizenship and Immigration Services (USCIS) applicants are eligible to receive a certificate documenting their US citizenship who either meet the eligibility requirements to derive or obtain citizenship or who become naturalized United States citizens. For issuance of a certificate the burden of proof to establish that he or she meets all of the relevant eligibility requirements is on the applicant. An official record issued to an applicant who has obtained citizenship at the time of birth or derived it after birth is the Certificate of Citizenship. To the applicant who is a naturalized US citizen the official record issued is the Certificate of Naturalization.
To minimize the unlawful distribution and falsified use of certificates USCIS guards the physical security of the certificates strictly. If you wonder what to do if you lost your naturalization certificate you could get it replaced filing Form N-565. Same is the case if you want to know how to get a duplicate US citizenship certificate from USCIS.
Who gets certificate?
To obtain from USCIS a Certificate of Citizenship or a Certificate of Naturalization generally a applicant should follow steps mentioned below:
- Along with the supporting evidences appropriate form like Form N-400 should be filed.
- If required applicant might have to appear for an interview before an officer.
- As evidences by approval of the form by USCIS applicant should meet the relevant eligibility requirements and
- Lastly if required take the Oath of Allegiance.
To administer during the oath ceremonies under administration of USCIS the Oath of Allegiance and to issue certificates authority has been delegated among the USCIS District Directors, Field Office Directors, and other acting USCIS officers on their behalf.
Information on legal authorities
Authority for naturalization and issuance of certificates is according to Immigration and Nationality Act (INA) Section 310(b) (4) title 8 of Code of Federal Regulations. INA Section 332 (e) title 8 of CFR regulates the Certificates of Citizenship and Naturalization issuance. INA Section 338 title 8 of CFR regulates the content and certificate of naturalization issuance. INA Section 340 (f) title 8 of CFR regulates after revocation of naturalization the cancellation of certificates. INA Section 341 title 8 of CFR is responsible for Citizenship certificates. Lastly the Immigration and Nationality Act (INA) Section 342 title 8 of CFR is responsible for cancellation of certificates, related documents and records administration.
When and how will certificate be issued?
After a person’s application is approved and has taken the Oath of Allegiance in presence of a designated USCIS officer if required generally the Certificate of citizenship is issued by USCIS. Before issuing it should be ensured that the Alien Registration Card (ARC) or Permanent Resident Card (PRC) has been surrendered which is an evidence for applicant’s lawful permanent residence. Requirement of surrendering the card may be waived off by USCIS if person proves that the card got destroyed or lost. After the approval of naturalization application the USCIS issues the certificate if USCIS waives for a person the oath requirement. If applicant is below 18 years of age USCIS issues the certificate in person or may also send by certified mail to the parent or guardian in such cases. For persons 18 years and above of age the certificate is given in person or to a guardian if applicable.
Posted by immigratingtousa on April 3, 2013