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CITIZENSHIP AND NATURALIZATION

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Application for Naturalization

 The N-400 form, officially known as the "Application for Naturalization," is used by eligible green card holders (lawful permanent residents) who want to apply for U.S. citizenship through the naturalization process. Here’s an overview of the key aspects of the N-400 and the naturalization process:

Eligibility Requirements

To apply for naturalization using Form N-400, an applicant must meet the following criteria:

 

  • Age: Must be at least 18 years old.

  • Permanent Residency: Must be a lawful permanent resident (green card holder).

  • Residency and Physical Presence: Must have lived in the U.S. for at least 5 years as a permanent resident (or 3 years if married to a U.S. citizen). Additionally, the applicant must have been physically present in the U.S. for at least 30 months within those 5 years (or 18 months within those 3 years for spouses of U.S. citizens).

  • Continuous Residence: Must have lived continuously in the U.S. from the time of application until naturalization.

  • Good Moral Character: Must demonstrate good moral character, typically covering the 5 years prior to application (or 3 years for spouses of U.S. citizens).

  • English and Civics: Must demonstrate an ability to read, write, and speak basic English and have knowledge of U.S. history and government (civics).

  • Attachment to the Constitution: Must be willing to support and defend the United States and its Constitution.

 

Application Process

 

  1. Complete and File Form N-400: Applicants must accurately complete the N-400 form and submit it to USCIS, along with the required documentation and filing fee.

  2. Biometrics Appointment: After submission, the applicant will receive an appointment notice to have their biometrics (fingerprints) taken. This is used for a background check.

  3. Interview: Once the biometrics and preliminary processing are completed, the applicant will be scheduled for an interview with a USCIS officer. During the interview, the officer will test the applicant's English and civics knowledge and review the N-400 application to confirm eligibility.

  4. Decision: After the interview, USCIS will make a decision on the naturalization application. The decision can be a grant, a continuation (usually due to a need for additional evidence or a failure to pass the tests), or a denial of citizenship.

  5. Oath of Allegiance: If approved, the final step is taking the Oath of Allegiance at a naturalization ceremony. After taking the oath, the individual is issued a Certificate of Naturalization and becomes a U.S. citizen.

 

Key Considerations

 

  • Documentation: Applicants need to gather various documents related to their time in the U.S., status, and moral character.

  • Preparation for Tests: It’s advisable to prepare for the English and civics tests using resources available from USCIS and other educational entities.

  • Legal Assistance: Given the complexities of the naturalization process, many applicants choose to seek legal assistance to ensure that their application is complete and to handle any legal issues that might arise.

 

Completing the N-400 application accurately and following through with the USCIS process carefully can lead to a successful naturalization, granting all the rights and responsibilities that come with U.S. citizenship.

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Application for Certificate of Citizenship

The N-600 form, officially known as the "Application for Certificate of Citizenship," is used by individuals to document their U.S. citizenship status if they automatically acquired citizenship at birth or after birth but before the age of 18. This form is applicable to those who claim citizenship through their parents' status. Here’s an overview of the key aspects of the N-600 and the process involved:

Eligibility Requirements

To apply for a Certificate of Citizenship using Form N-600, an applicant must meet one of the following criteria:

 

  • Acquisition of Citizenship at Birth: The applicant was born outside the United States to one or more U.S. citizen parent(s) and meets the requirements for citizenship at birth under the applicable law.

  • Derivation of Citizenship: The applicant automatically became a U.S. citizen after birth but before turning 18 years old, through the naturalization of a parent, changes in marital status of parents, or other specific circumstances as per the Immigration and Nationality Act.

 

Application Process

 

  1. Complete and File Form N-600: The applicant or their parent/guardian must complete the N-600 form and submit it to USCIS, along with the required documentation and filing fee. Documentation typically includes proof of the parent’s citizenship, the applicant’s birth certificate, evidence of the relationship between the parent and the child, and any other relevant legal documents.

  2. Evidence Submission: Evidence must convincingly demonstrate that the applicant meets the legal criteria for citizenship based on their parents’ citizenship status. This includes documents like parents’ naturalization certificates, marriage certificates, proof of residence or physical presence in the U.S., and others depending on the specific circumstances.

  3. USCIS Review and Decision: USCIS reviews the application and supporting documents. They may request additional information or documentation. The process can conclude with an interview, though this is less common for N-600 applications compared to other immigration forms.

  4. Certificate Issuance: If the application is approved, USCIS issues a Certificate of Citizenship, which serves as proof of the applicant’s U.S. citizenship.

 

Key Considerations

 

  • Documentation: Gathering the correct documentation is crucial and can be extensive, especially if proving citizenship through a chain of relationships (e.g., when grandparents' citizenship affects a parent's status, which in turn affects the applicant).

  • Legal Assistance: Due to the complexities of the laws surrounding acquisition and derivation of citizenship, many applicants seek legal assistance to ensure that their application accurately reflects their eligibility for citizenship.

  • Filing Fee: As of the last update, the filing fee for Form N-600 is significant, so applicants should be prepared for this financial aspect.

 

The N-600 process is valuable for those who need to document their U.S. citizenship formally, particularly if they require a U.S. passport, are applying for certain jobs, or need to prove their citizenship for educational or other purposes.

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