This document provides information about naturalization eligibility requirements and the naturalization process. It discusses the rights and liabilities of citizenship, eligibility for naturalization by application including residency and physical presence requirements, continuity of residence, good moral character evaluation, grounds of inadmissibility, exceptions to requirements, and the civics and English language test. It also covers disability waivers, reasonable accommodations, and exceptions to the normal naturalization process for military service members and abused spouses.
The WA State Asian and Pacific Islander DACA Director conducted a robust training for community health advocates associated with International Community Health Services, the largest provider of health services to the Asian community in the Seattle region.
Presentation to the Los Angeles County Bar AssociationPamela Hartman
On April 30, 2016, I spoke to attorneys with the Los Angeles County Bar. I presented analysis and information about US Citizenship and Immigration's adjudication of cases in which the green card applicant entered the United States through a port of entry, but did not have a valid visa. This is commonly known as Quilantan: the surname of the litigant in the controlling case. I have attached the slides from my presentation.
Undated USCIS PowerPoint on the Humanitarian Parole Program under the Refugee, Asylum, and International Operations Directorate, including legal authority, who can apply, application form and documentation, re-paroles, and more.
The WA State Asian and Pacific Islander DACA Director conducted a robust training for community health advocates associated with International Community Health Services, the largest provider of health services to the Asian community in the Seattle region.
Presentation to the Los Angeles County Bar AssociationPamela Hartman
On April 30, 2016, I spoke to attorneys with the Los Angeles County Bar. I presented analysis and information about US Citizenship and Immigration's adjudication of cases in which the green card applicant entered the United States through a port of entry, but did not have a valid visa. This is commonly known as Quilantan: the surname of the litigant in the controlling case. I have attached the slides from my presentation.
Undated USCIS PowerPoint on the Humanitarian Parole Program under the Refugee, Asylum, and International Operations Directorate, including legal authority, who can apply, application form and documentation, re-paroles, and more.
The U.S. Department of State (DOS) announced guidelines for the new Diversity Visa Lottery. In fact, today is the first day that you can apply! The DV Lottery Program is not for everyone but it is another possible way to a green card in the U.S. The beauty of the program is that it is relatively easy and inexpensive. The program has its genesis in a policy that lies at the very heart of the U.S. immigration law . . . "diversity".
This presentation discusses the various methods used for processing a visa for a Fiance of a U.S. Citizen or a Spouse of a U.S. Citizen. This presentation will be made in conjunction with a seminar scheduled for April 27th by Nachman & Associates, P.C. (VISASERVE) at the Rembrandt Hotel and Tower in Bangkok, Thailand.
This presentation addresses the responsibilities for handling the proper termination of an H-1B employee by a U.S. employer so as to avoid potential liabilities from the U.S. Department of Labor, Wage and Hour Division.
How Far Can The President Go To Overhaul The U.S. Immigration System Without The Blessing of Congress?
President Obama reiterated his commitment to immigration reform and reproached the House Republicans for their unwillingness to confront this important issue. Potentially, the combination of four factors ─ Pressure from the immigration advocates that the President has done little on the immigration issue; Speaker John Boehner’s statement that the House would not vote on immigration legislation this year; the surge of children crossing the southern border (mostly from Mexico and Central American countries of El Salvador, Guatemala, and Honduras); and strategic positioning for the upcoming midterm elections ─ have all led to this recent announcement.
When it comes to getting your clients to the United States you’re the master. But what happens when that conversation turns to the client’s financial planning? Global migration can lead to some tricky tax situations which may not always get the attention they deserve. In this webinar, senior accountants from Moss Adams LLP will address some tax issues that every immigration lawyer should be aware of.
In this presentation, our speakers will discuss planning for entry into the U.S. tax system, including a high-level overview of income, and estate and gift tax considerations. We will address the U.S. foreign disclosure rules and the US anti-deferral regimes. And we will briefly touch on tax planning prior to the surrender of U.S. citizenship or long-term permanent resident status.
Estate and Gift Tax Issues.
Planning for move to U.S.
Estate/gift tax residency.
Estate/gift tax applicability for NRA’s and for U.S. residents.
Planning for U.S. gift/estate tax applicability – considerations of trusts/gifting before a move.
Planning for the U.S. foreign disclosure rules – streamlining/consolidation of foreign assets/entities before a move.
Considerations Prior to moving to U.S.
Considerations related to negotiating compensation arrangements/benefits/tax equalization agreements/etc. before moving to the U.S.
Determining taxation and differences of taxation for U.S. residents vs. non-residents.
U.S./State taxation of foreign nationals.
U.S. residency vs non-residency for income tax purposes.
U.S. taxation of U.S. persons vs NRAs.
Substantial Presence Test.
Closer Connection Exception.
Dual Status Returns.
First Year Elections.
This powerpoint will help you understand how a person can lose their permanent resident ("green card") status, and inform them on what they need to do to preserve it.
To learn more about Deferred Action for Childhood Arrivals (DACA), please contact Elizee Hernandez Law Firm at (305) 371-8846, or on our website www.elizeehernandez.com.
http://www.shusterman.com
This presentation explains the basic ways to immigrate to the United States, including through Relatives, Employment, Investment, the Visa Lottery, and Asylum.
Schedule a legal consultation (by Skype, telephone or in person) at http://shusterman.com/schedule-immigration-consultation.html
Recorded on July 4, 2013 - The unqualified right of Convention Refugees to remain in Canada has been eroded by recent changes to the law. This webinar examines cessation and vacation proceedings where the Minister of Immigration applies to remove a person's Protected Person status. It highlights the significance of the changes to the law and the importance of Convention Refugees and Permanent Residents applying for citizenship as soon as possible. Situations that could trigger cessation or vacation proceedings, as well as ways that service providers can offer support during the citizenship process, will also be covered.
Watch this webinar at:
http://yourlegalrights.on.ca/webinar/threats-convention-refugee-and-permanent-resident-status
The Complete Steps to Becoming a United States (U.S.A.) Citizen Nobong Barrientos
Becoming a U.S. citizen gives you new rights and privileges: it shows your patriotism, allows you to vote, you obtain government benefits, and you are able to able to become a permanent resident of the United States. Being a citizen also carries with it new responsibilities. This guide will inform the reader of how to become a U.S. citizen, and answer some frequently asked questions. This guide is not meant as a substitute for legal advice. Should you have any questions or concerns you should contact legal counsel. ---The Complete Steps to Becoming a United States (U.S.A.) Citizen
The U.S. Department of State (DOS) announced guidelines for the new Diversity Visa Lottery. In fact, today is the first day that you can apply! The DV Lottery Program is not for everyone but it is another possible way to a green card in the U.S. The beauty of the program is that it is relatively easy and inexpensive. The program has its genesis in a policy that lies at the very heart of the U.S. immigration law . . . "diversity".
This presentation discusses the various methods used for processing a visa for a Fiance of a U.S. Citizen or a Spouse of a U.S. Citizen. This presentation will be made in conjunction with a seminar scheduled for April 27th by Nachman & Associates, P.C. (VISASERVE) at the Rembrandt Hotel and Tower in Bangkok, Thailand.
This presentation addresses the responsibilities for handling the proper termination of an H-1B employee by a U.S. employer so as to avoid potential liabilities from the U.S. Department of Labor, Wage and Hour Division.
How Far Can The President Go To Overhaul The U.S. Immigration System Without The Blessing of Congress?
President Obama reiterated his commitment to immigration reform and reproached the House Republicans for their unwillingness to confront this important issue. Potentially, the combination of four factors ─ Pressure from the immigration advocates that the President has done little on the immigration issue; Speaker John Boehner’s statement that the House would not vote on immigration legislation this year; the surge of children crossing the southern border (mostly from Mexico and Central American countries of El Salvador, Guatemala, and Honduras); and strategic positioning for the upcoming midterm elections ─ have all led to this recent announcement.
When it comes to getting your clients to the United States you’re the master. But what happens when that conversation turns to the client’s financial planning? Global migration can lead to some tricky tax situations which may not always get the attention they deserve. In this webinar, senior accountants from Moss Adams LLP will address some tax issues that every immigration lawyer should be aware of.
In this presentation, our speakers will discuss planning for entry into the U.S. tax system, including a high-level overview of income, and estate and gift tax considerations. We will address the U.S. foreign disclosure rules and the US anti-deferral regimes. And we will briefly touch on tax planning prior to the surrender of U.S. citizenship or long-term permanent resident status.
Estate and Gift Tax Issues.
Planning for move to U.S.
Estate/gift tax residency.
Estate/gift tax applicability for NRA’s and for U.S. residents.
Planning for U.S. gift/estate tax applicability – considerations of trusts/gifting before a move.
Planning for the U.S. foreign disclosure rules – streamlining/consolidation of foreign assets/entities before a move.
Considerations Prior to moving to U.S.
Considerations related to negotiating compensation arrangements/benefits/tax equalization agreements/etc. before moving to the U.S.
Determining taxation and differences of taxation for U.S. residents vs. non-residents.
U.S./State taxation of foreign nationals.
U.S. residency vs non-residency for income tax purposes.
U.S. taxation of U.S. persons vs NRAs.
Substantial Presence Test.
Closer Connection Exception.
Dual Status Returns.
First Year Elections.
This powerpoint will help you understand how a person can lose their permanent resident ("green card") status, and inform them on what they need to do to preserve it.
To learn more about Deferred Action for Childhood Arrivals (DACA), please contact Elizee Hernandez Law Firm at (305) 371-8846, or on our website www.elizeehernandez.com.
http://www.shusterman.com
This presentation explains the basic ways to immigrate to the United States, including through Relatives, Employment, Investment, the Visa Lottery, and Asylum.
Schedule a legal consultation (by Skype, telephone or in person) at http://shusterman.com/schedule-immigration-consultation.html
Recorded on July 4, 2013 - The unqualified right of Convention Refugees to remain in Canada has been eroded by recent changes to the law. This webinar examines cessation and vacation proceedings where the Minister of Immigration applies to remove a person's Protected Person status. It highlights the significance of the changes to the law and the importance of Convention Refugees and Permanent Residents applying for citizenship as soon as possible. Situations that could trigger cessation or vacation proceedings, as well as ways that service providers can offer support during the citizenship process, will also be covered.
Watch this webinar at:
http://yourlegalrights.on.ca/webinar/threats-convention-refugee-and-permanent-resident-status
The Complete Steps to Becoming a United States (U.S.A.) Citizen Nobong Barrientos
Becoming a U.S. citizen gives you new rights and privileges: it shows your patriotism, allows you to vote, you obtain government benefits, and you are able to able to become a permanent resident of the United States. Being a citizen also carries with it new responsibilities. This guide will inform the reader of how to become a U.S. citizen, and answer some frequently asked questions. This guide is not meant as a substitute for legal advice. Should you have any questions or concerns you should contact legal counsel. ---The Complete Steps to Becoming a United States (U.S.A.) Citizen
Head of our Private Client department, Dawn Joughin, offers her professional expertise with her user-friendly, plain-speaking Will workshop.
Our private client law department is headed by Dawn Joughin who was recently short listed for the prestigious Legal Executive of the Year 2011 award.
Dawn and her staff will be able to help you with any private client law issues you might be facing, providing professional private client law advice across a range of topics including wills, probates and estates, inheritance tax advice, lasting and enduring powers of attorney and the legal implications of long term care for yourself or for an elderly relative. We can also help you when it comes to reclaiming overpaid NHS Care Home fees.
If you think we can help you, call today on 0151 239 1000
This information is provided as an educational service and is not legal advice. Consult with an attorney for your specific circumstances. For a comprehensive evaluation of your immigration situation and options, you are invited to contact us:
Badmus & Associates
https://badmuslaw.com
immigration@badmuslaw.com
214-494-8033
Principal office in Dallas, Texas
Immigration services offered nationwide.
#badmuslaw #immigrationlawyerusa #uscis #immigrationlaw #usvisa
Bashyam Spiro Llp Us Citizenship And Naturalization Webinarmbashyam
Would you like to become a United States citizen, but don\'t know where to turn or where to begin the process?
Bashyam Spiro\'s Senior Counsel, Ame Coats, expalins the immigration requirements, process, and processing times
in this free webinar on naturalization.
Deferred Action For Childhood Arrivals Presentationholaedgar
This is a presentation created by Legal Aid Justice Center, VACOLAO and other organizations to provide information regarding the new program that would benefit almost two million of DREAMers.
On July 24, 2019, U.S. Citizenship and Immigration Services (USCIS) published a FINAL rule that will make significant changes to the EB-5 Immigrant Investor Program; the rule will go into effect on Nov. 21, 2019. This is noted to be the first significant revision to the program’s regulations since 1993. Some of these revisions include:
Kendi ülkenize dönmekten korkuyor musunuz? Öyleyse, İltica başvurusunda bulunabilirsiniz. Çıkarma sürecinde iseniz, iltica başvurusunun farklı olduğunu unutmayın. Bu makalede, iltica talebinde bulunmayanlar için iltica başvurusunda bulunmayı açıklayacağız. Sığınma için uygunluk, ırk, din, milliyet, politik görüş ya da belirli bir sosyal gruba üyeliğiniz nedeniyle geçmişte yaşadığınız bir zulme veya gelecekte yaşayabileceğiniz zulüm korkusuna dayanmaktadır. Bu korku size özel olmalıdır. Kendi ülkenizin genellikle güvensiz olması yeterli değildir; Neden özellikle sizin için güvensiz olduğunu açıklayabilmelisiniz.
H-1B visas are granted to those who meet specific qualifications. The required qualifications include that the applicant have at least a bachelor’s degree from a U.S. institution and have a job offer from a U.S. employer that requires the H-1B Candidate to hold at least a bachelor’s degree.
Certain Israeli nationals who are lawfully present in the United States will soon be able to request a change of status to the E-2 treaty investor classification. Beginning May 1,
Last year USCIS announced earlier that it received approximately 190,098 H-1B petitions for the fiscal year 2018. Once the lottery (also referred as “random selection process”) has been completed USCIS starts to send receipt notices.
In the first week of April during the last several years the U.S. Citizenship and Immigration Services (“USCIS”) announced that it has received a sufficient number of H-1B petitions to reach the statutory cap, both regular and master’s.
Many F-1 visa holders, particularly those who are engaged in OPT change their immigration status to become professional and specialty workers (H-1B workers). The H-1B cap is the Congressionally-mandated limit on the number of individuals who may be granted H-1B status during each fiscal year.
The first day a new H-1B case can be filed is Monday, April 1, 2019. The law requires that the government keep the filing window open until Friday, April 5, 2019. As such, it is imperative that all new H-1B cases are filed no earlier than April 1, 2019 and no later than April 5, 2019.
The H-1B visa program permits a United States employer (“employer”) to temporarily employ nonimmigrants to fill specialized jobs in the United States. The Immigration and Nationality Act (the “INA” or the “Act”) requires that an employer pay an H-1B worker the higher of the actual wage or the local prevailing wage, in order to protect U.S. workers and their wages. Under the Act, an employer seeking to hire a foreign national in a specialty occupation on an H-1B visa must receive permission from the Department of Labor (“DOL”) before the foreign national may obtain an H-1B visa. The Act defines a “specialty occupation” as an occupation requiring the application of highly-specialized knowledge and the attainment of a bachelor’s degree or higher. The Act requires an employer seeking permission to employ an H-1B worker to submit and receive an approved Labor Condition Application (“LCA”) from the DOL.
The Canadian Parliament recently announced that it was going to add more than one million new permanent residents in next three years (2019-2021). It is foreseeable that more than half of the new permanent residents will arrive on one of the three economic programs in the Express Entry program – the Federal Skilled Worker (“FSW”) Class, the Federal Skilled Trades (“FST”) Class, and the Canadian Experience (“CE”) Class. The Provincial Nomination Program (“PNP”) is also expected receive a great deal of additional applicants in the coming years.
Employers who seek to hire an H-1B nonimmigrant in a specialty occupation must first make a filing with the Department of Labor (DOL) and obtain a Labor Condition Application (LCA). The LCA, among other things, must specify the number of workers sought, the occupational classification in which the H-1B will be employed, and the wage rate and conditions under which the proposed H-1B nonimmigrant will be employed.
As a reminder to all U.S. employers, H-1B season is almost here! United States Citizenship & Immigration Services (“USCIS”) will start accepting new H-1B petitions for the next Fiscal Year on Monday, April 1st, 2019. As such, employers should start immediately identifying current and future employees who will require sponsorship for new Cap-subject H-1B nonimmigrant work visa petitions.
David Nachman, Esq., Managing Attorney at NPZ Law Group, says “for the new year there are some really big changes “on the cusp” for the H-1B Visa Lottery program”. The US and Canada Immigration and Nationality Lawyers at the Nachman Phulwani Zimovcak (NPZ) Law Group continue to closely monitor the changes.
Government attorneys across the country are submitting requests to re-calendar previously administratively closed immigration cases. What does this mean for the immigration court system, and what does this mean for you?
First of all, what is administrative closure? Immigration Judges for decades have administratively closed, or indefinitely postponed cases in Immigration Court. Another form of administrative closure is also called
Let one of America’s premier Immigration and Naturalization Law Firms guide you through the EB-5 Investor VISA process. NPZ Law Group continues to maintain a solid reputation for being able to tackle difficult cases and has a very successful track record in the US for dealing with the EB-5 process. We continue to service EB-5 clients from start to finish.
Many H-1B visa holders could you find themselves facing deportation proceedings if their application for a visa extension or change of status have been rejected...
The Trump administration has empowered officials to outright reject visa applications under certain circumstances. This step
can be taken if the required ‘initial evidence’ wasn’t submitted or it failed to establish eligibility for the visa sought. The revised
policy will apply to all applications and requests received by the authorities from September 11 onwards.
U.S. AND CANADA IMMIGRATION LAW NEWS AND UPDATES US Immigration and Family Separation, DENIALS OF RFEs and NOIDS - NEW SEPTEMBER 11TH RULE, LIFTING CONDITIONS ON RESIDENCE - I-751, DHS Enforcement Priorities, End of Credible Fear Interviews etc. httpsconta.cc2NWfxPo
What to do about getting 2 years conditional permanent resident status when there is divorce or divorce case is still pending?
You can file Form I-751 at "any time" if you have a final order of divorce or annulment. That's true even if your conditional green card is not close to its expiration date. But what happens if you haven't yet filed for divorce or your divorce is not yet final?
Employment-Based Preference Categories
EB-1 China and EB-1 India remain steady at January 1, 2012, and DOS anticipates this date will hold for the remainder of the fiscal year. It is hoped that these categories will become current again on October 1, 2018, but demand trends will be monitored over the summer. If USCIS District Offices are not interviewing EB-1 China and EB-1 India applicants with priority dates beyond the established final action date, DOS may not have clear visibility into total demand. If there is a surge in demand for these categories beginning in October, it could cause a final action date to be imposed more quickly in the fiscal year than otherwise anticipated.
DOS expects that a final action date for EB-1 Worldwide will be imposed either in August or September, but notes that the category will return to current in October.
More from Nachman Phulwani Zimovcak (NPZ) Law Group, P.C. (20)
1. Naturalization: Are You Eligible
and Should You Apply?
Presented by: Victoria Donoghue, Esq.
1
2. Rights of Citizenship
• Ability to petition for the permanent residence
of parents, children and spouse with no
backlog
• Ability to bestow USC on child born abroad
• USC cannot be placed in removal proceedings
• Right to vote, hold office, and serve on juries
• Right to live abroad indefinitely
2
3. Liabilities of Citizenship
• May lose citizenship in native country
• Could highlight a ground for removal
• May lose property owned in home country
3
4. Eligibility for NATZ by Application
• Must be LPR
• Must be at least 18 years old
• Must be a resident continuously for 5 years subsequent
to LPR status (3 years if married to USC)
• Must have resided for at least 3 months in the state in
which the petition is filed
• Must be physically present in the US for at least ½ of the
5 yrs
• Must reside continuously within the US from the date the
application is filed up to the time of admission to CITZ
4
5. Eligibility for NATZ (cont.)
• Must not be absent from the US for a continuous period
of more than one year during the period for which
continuous residence is required
• Must be a person of good moral character for 5 yrs
prior to filing
• Must be attached to the principles of the US Constitution
• Must be willing to bear arms for the US
• Must not be otherwise barred (subversive,
communist, etc)
• Must be able to satisfy the Civics and English
language requirement
5
6. Continuity of Residence
• An absence of < 6 months does not break the alien’s
continuity of residence for NATZ purposes
• An absence of 6 months or more but < 1 year breaks the
continuity of the alien’s residence for NATZ purposes
absent a reasonable explanation (like an oversees
assignment with a US employer)
• An absence of 1 yr or more automatically breaks the
continuity of the alien’s residence for NATZ purposes,
unless the alien takes steps prior to the expiration of the
yr to preserve the continuity of residence
6
7. Avoiding a break in the continuity of residence
• The result of a break in the continuity of the alien’s
residence is that the alien must start all over again to
accumulate the 5 yrs upon returning to the US
• Ways to avoid a break:
– Return to the US every 6 mnths or every yr if there is
a reasonable explanation for the absence
– Apply for extended absence benefits (N-470) to
preserve continuity of residence. Note: Unless the
alien is a government employee, he still must be
actually physically present in the US for at least ½ of
the 5 year period 7
8. N-470 Eligibility Requirements
• Alien must be physically present and residing in the US
as a LPR for an uninterrupted period of one yr prior to
the absence
• Must be employed abroad by the US gov’t, a US
research institute, a US corporation or mjty owned
subsidiary, or an international organization
• Must request extended absence benefits before the alien
has been absent from the US for one year
• The absence must be in furtherance of overseas
employment
8
9. Reentry Permit
• Alien can also request an I-131 request for
a reentry permit along with the N-470
• The purpose of the reentry permit is to
maintain lawful permanent residence
status. If the client wants to make sure to
maintain continuous residence for NATZ
purposes, he/she must also file an N-470.
9
10. Good Moral Character (GMC)
• An individual must be of good moral
character for the requisite 5 yrs (or 3 yrs if
married to a USC) prior to filing a NATZ
application and up to the time of admission
as a USC. This is called the “statutory
period.”
10
11. People who are NOT of GMC
• Habitual drunkards
• Certain individuals are inadmissible under 212(a)(2)
• One who’s income is derived principally from gambling
• One who has given false testimony to obtain a benefit under the INA
• One who is convicted of an aggravated felony
• One who has committed genocide or torture
• One who has been imprisoned (after a conviction) during the
“statutory period” for an aggregated period of 180 days or more
• One who has voted unlawfully or made a false claim
to USC
11
12. Grounds of Inadmissibility Under INA § 212 (a)(2)
• Conviction or admission to the essential elements of
crimes of moral turpitude (CIMT)
• Conviction or admission to the essential elements of
controlled substance violations
• Multiple criminal violations
• Trafficking in controlled substance
• Prostitution and commercialized vice
• Smugglers of aliens
• Practicing polygamists
THESE ARE ALSO GROUNDS OF REMOVAL! 12
13. What is a CIMT?
• Not defined in the act- no exhaustive list
• Conduct which is inherently base, vile, depraved
or contrary to accepted rules of morality
• Felonies and Misdemeanor
• Criminal statute must be examined
13
14. Exceptions to CIMT
• Petty Offense
• Juvenile Offenders
• Purely Political Crimes
14
15. Nonstatutory/Discretionary GMC Grounds
• Nonsupport of dependents
• Homosexuality- But cannot be only basis for
baring NATZ
• Adultery tending to destroy an existing marriage
• Knowing & willful failure to register with selective service
between 18-26 within statutory period
• Drunk driving
• Other bad acts showing poor moral character
15
16. Civics & English Language Requirement
• NATZ applicant must demonstrate:
– An elementary level reading, writing and
understanding of English
– A knowledge and understanding of the
fundamentals of US history & government
16
17. Proof of Civics & English Knowledge
• All NATZ applicants must pass an examination. At the
examination, the CIS examiner will do 3 things:
– Go over the NATZ application in detail, questioning
about any problems such as an arrest
– Gauge the alien’s ability to understand and respond
to questions (alien will be asked to write a sentence).
– Test the alien’s knowledge of US gov’t & history
through the use of standard questions on the subject
• If the alien does not pass, a second examination
will be scheduled within 90 days
17
18. Exceptions to English Language Requirement
• Persons over 50 and living in the US for 20 yrs
subsequent to becoming a LPR
• Persons over 55 and living in the US for 15
years subsequent to becoming a LPR
• Special consideration in determining the
knowledge requirements to persons over 65 with
20 yrs as a LPR (a test of 10 questions in the
person’s native language where only 6 need to
be correct)
18
19. Redesigned NATZ Exam
• In the past, the NATZ testing process and test
content varied in each USCIS district office
• CIS revised the process to ensure uniformity
• CIS began administering the new test in October
2008
19
20. Redesigned NATZ test
• Applicants will still have 3 chances to read &
write a sentence. However, the study material
will include a civics-based vocabulary list
• Sentences will focus on civics and history
instead of broad range of subjects
• Civics questions will be drawn from a new list of
questions
20
21. Individuals Exempt from the
Civics & English requirements
• Physically/developmentally disabled or
mentally impaired including:
– Individuals with Alzheimers, Parkenson’s
Disease, senile dementia or a related
disability
21
22. Disability Waivers
• Must establish a physical or
developmental disability or mental
impairment
• A medical doctor, osteopath, or clinical
psychologist “experienced in diagnosing”
these disabilities must complete an N-648
to be filed with NATZ application
22
23. Disability Waivers (cont.)
• Even with a disability waiver the applicant
still must meet the moral character,
residence, and other NATZ requirements
• However, the oath can be waived if the
person is unable to understand or
communicate the meaning of it.
23
24. Designated Representative
• A representative of a person who is developmentally or
physically disabled or suffering from mental impairment
can complete the N-400 exam (including the oath) by
attesting orally and submitting documentation that the
applicant qualifies for NATZ
• Representative may be a legal guardian, surrogate, USC
spouse, parent or adult sibling
• An MD, osteopathic doctor, or clinical psychologist must
provide an evaluation attesting to the impairment and the
ability to take the oath
24
25. Adjudications of N-648
• CIS will look for:
– A complete description of the medical diagnosis
– An explanation of how the disability affects the applicant and
prevents him from learning or demonstrating knowledge of
English/Civics
– The MD’s conclusion with a focus on the nexus between the
disability and the applicant’s ability to learn or demonstrate
knowledge of English/Civics
– CIS may request documentation if the interview raises questions
about the extent of the disability
CIS MAY NOT SECOND GUESS THE MD
25
26. Reasonable Accommodations
• Section 504 of the Rehabilitation Act of 1973
requires the CIS make reasonable
accommodations/modifications to make it
possible for NATZ applicants to get through
the process
• This is the case regardless of whether the
applicant has applied for a disability waiver
26
27. GMC Review
• An individual must be of good moral character
for the requisite 5 yrs (or 3 yrs if married to a
USC) prior to filing a NATZ application and up to
the time of admission as a USC. This is called
the “statutory period.”
• However, some criminal activity serves as an
absolute bar to NATZ even if in occurred before
the statutory period.
27
28. Absolute Bars to NATZ
• Aggravated felony convictions that
occurred after 11/29/1990 render the
person ineligible to establish GMC even
when the conviction was before the
statutory period
• Convictions for murder, even before
11/29/1990, render the person
permanently ineligible to establish GMC
28
29. Definition of Aggravated Felony
• Murder, rape, or sexual abuse of a minor
• Trafficking in a controlled substance
• Trafficking in firearms or explosive material
• Money laundering
• Crimes of violence w/ an imprisonment term of > 1 yr
• A theft offense w/ an imprisonment term of > 1 yr
• Crimes related to prostitution & child pornography
• Offenses related to national security
• Fraud offenses
• Offenses related to bribery, counterfeiting or forgery
• Perjury
29
30. Deportation
• If an individual with a conviction applies for
naturalization, and he or she is removable
under §237(a) on the basis of that
conviction, the NATZ unit may (and
usually will) issue a Notice to Appear
(NTA), commencing removal proceedings
against the individual
ALWAYS MAKE SURE THAT A CLIENT HAS NOT COMMITTED
A CRIME SUBJECTING HIM/HER TO D EPORTATION BEFORE
FILING A NATZ PETITION 30
31. Exceptions to the Normal NATZ Requirements
• Veterans/Military Service during hostilities
– If a person served in US Armed Forces during
hostilities and continues to be in Armed
Forces or was honorable discharged- he/she
need not be a LPR to naturalize.
– Physical presence and residency
requirements inapplicable
– 9/11/2001 to present is a period of hostilities
for NATZ purposes
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32. Exceptions to the Normal NATZ Requirements
• Veterans/Military Service (not during hostilities)
– If a person served in the Armed Forces for a period
aggregating one year (and separated honorably) and
if NATZ application is filed during the service or within
6 months after separation, physical presence &
residency requirements are inapplicable. No need to
be a LPR.
– If person files after 6 months, he/she must be LPR
to naturalize
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33. Exceptions to the Normal NATZ Requirements
• Spouses of USC’s- eligible for NATZ 3 yrs after obtaining
LPR status (instead of 5)
• Spouses (in LPR status) of USC’s who are assigned
abroad by their qualifying US employer (next slide)
are exempt from continuous residence and physical
presence requirements. They are permitted to naturalize
prior to accompanying their USC spouses abroad
• Must be physically present in US at time of naturalization
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34. Exceptions to Normal NATZ Requirements
• The USC spouse assigned abroad MUST
be
working for:
– The US government
– An American Research Institute
– A US firm engaged in the development of
foreign trade or commerce
– A public international organization that the US
is a member of
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35. Exceptions to Normal NATZ Requirements
• Battered Spouses- a victim of domestic abuse
perpetrated by a USC spouse is eligible for NATZ after
he/she has resided continuously in the US for a period of
at least 3 years
• No requirement that the abused spouse be living with the
abuser in marital union
• Must have obtained LPR status based on a battered
spouse filing, or through AOS or cancellation of removal
• Abusive spouse need not be alive at the time of filing a
NATZ petition
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36. Questions?
Please feel free to contact our office if you
still have questions:
Victoria_donoghue@visaserve.com
201-670-0006 ext. 101
http://www.visaserve.com
Thank you.
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