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Basics of Naturalization Law Church World Service Immigration Kelly White, Esq.

Church World Service Immigration Kelly White, Esq

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Page 1: Church World Service Immigration Kelly White, Esq

Basics of Naturalization Law

Church World Service ImmigrationKelly White, Esq.

Page 2: Church World Service Immigration Kelly White, Esq

18 years 5 years with Green Card

◦ Exceptions Continuous Presence/Physical Presence Citizenship Test Good Moral Character Oath

Naturalization

Page 3: Church World Service Immigration Kelly White, Esq

Derivative Citizenship◦ N-600 Application◦ Complicated Area of Law◦ Looking at Minors, under the age of 18 AND

who have a Lawful Permanent Resident Card And who are living with the Parent who naturalizes (delving into custody law).

◦ Automatic◦ Can apply for U.S. Passport OR for Certificate of

Citizenship.

If Under 18 Years of Age…

Page 4: Church World Service Immigration Kelly White, Esq

N-600 For those born abroad to U.S. Citizen

Parents Complicated area of law. U.S.C. Parent generally required to live in

U.S. for a requisite period of time prior to Child’s birth.

Legitimization issues.

Acquisition of Citizenship

Page 5: Church World Service Immigration Kelly White, Esq

Unless Married to a U.S. Citizen (and obtained Lawful Permanent Status)◦ 3 years

Unless Served in the U.S. Armed Forces◦ 1 year

5 Years with Green Card

Page 6: Church World Service Immigration Kelly White, Esq

Must be present for ½ of the 5 year Period (30 Months)◦ Or Must be present for ½ of 3 year Period if married to

U.S. Citizen (18 months) Must not take trips longer than 6 months

duration (resets 5 year clock) Must not take trips longer than 1 year

(Jeopardizes Green card/Lawful Permanent Resident Status)◦ Abandonment issues; Reentry Permits◦ If Asylee, should NOT be taking trips to country of

asylum.

Physical Presence & Continuous Residence

Page 7: Church World Service Immigration Kelly White, Esq

100 Questions Language Waivers for 20 years with Green

card, over 50 years of age◦ 15 years with Green card, over 55 years of age◦ 20 Question Test for 20 years with Green card, 65

years of age◦ Due consideration (advanced age)

N-648 Disability Waiver◦ Illness that affects ability to read, understand, and

learn English and Civics.

Citizenship Test

Page 8: Church World Service Immigration Kelly White, Esq

Temporary Bars Permanent Bars Deportation Issues

Good Moral Character

Page 9: Church World Service Immigration Kelly White, Esq

Notice to Appear (NTA) EOIR

◦ 1-800-898-7180

How Can Someone Know if They Are In Deportation Proceedings?

Page 10: Church World Service Immigration Kelly White, Esq

Religious Exceptions

Oath Requirement

Page 11: Church World Service Immigration Kelly White, Esq

Selective Service◦ www.sss.gov◦ Search for registration◦ Forgiveness in certain cases

Change of Address◦ AR-11 Form◦ www.uscis.gov◦ “FORMS”◦ Update online

Selective Service Requirements and Change of Address

Page 12: Church World Service Immigration Kelly White, Esq

1-800-375-5283 www.uscis.gov

◦ Check Case Status (Right Corner)◦ Freedom of Information Act

How Can Someone Check Their Case Status?

Page 13: Church World Service Immigration Kelly White, Esq

9:30 am Volunteers Arrive and Prepare Stations

10 am Public Arrives and Checks-in; Screenings as Time Permits

11 am Government Liaison Presents Noon- 2 pm Civics Refresher Session for

Waiting Public Noon- 2 pm Screenings; N-400; Review;

Packaging

Agenda for Clinic Day

Page 14: Church World Service Immigration Kelly White, Esq

Station #1 Check in

(Volunteers)

Station #2 Eligibility Screening

(Law students)

Station #3N-400

Application (Law

Students)

Station #4 Attorney Review

Station #5 Packaging

Clinic Stations

Page 15: Church World Service Immigration Kelly White, Esq

Kelly White, Esq. (336) [email protected]

Citizenship Classes(336) [email protected]

Contact