U.S. Citizenship For Dummies - Jennifer Gagliardi

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rel="nofollow" href="https://nvc.state.gov/inquiry">https://nvc.state.gov/inquiry. You can visit the NVC website at https://nvc.state.gov for more information.

      Customer Service Representatives for Nonimmigrant Visa inquiries only are available at (603) 334-0888 from 7 a.m. to midnight Monday through Friday, excluding federal holidays. Please note only English-speaking representatives are available on this line.

      

The NVC is not open to the public. Unfortunately, some people have traveled long distances to inquire about their case in person, only to discover that NVC staff is unable to meet with them.

      

Seek competent legal help if you have been in the United States illegally. If you leave the United States to obtain an immigrant visa abroad and the unlawful presence accrued after March 31, 1997, you will be barred from reentering the United States for three years (if the continuous unlawful presence was from 181 days to one year) or ten years (if the continuous unlawful presence was for more than one year).

      Joining the club: Naturalization

      Naturalization, the process by which lawful permanent residents become U.S. citizens, is the next step in the immigration process. Many lawful permanent residents stop before achieving citizenship, but if you bought this book, chances are you’re interested in going all the way.

      

As a naturalized citizen, a person has the exact same rights, responsibilities, and benefits of natural-born U.S. citizens, with one exception: Only natural-born citizens may become president or vice president of the United States.

      In most cases, naturalization applicants must prove they can meet these requirements:

       A designated period of continuous residence in the United States (usually three or five years immediately prior to applying) as a lawfully admitted permanent resident.

       Physical presence in the United States for at least half the designated time.

       Residence in a particular USCIS district prior to filing, usually for at least three months. Districts are geographical areas serviced by local USCIS offices. You can get up-to-date information about districts at www.uscis.gov/about-us/find-a-uscis-office/field-offices.

       The ability to read, write, and speak basic English.

       A basic knowledge and understanding of U.S. history and government.

       Good moral character. Applicants for naturalization must be “of good moral character,” meaning that the USCIS will make a determination based on current laws. Conviction for certain crimes will cause you to lose your eligibility for citizenship. If you have ever been convicted of murder or convicted of an aggravated felony (committed on or after November 29, 1990), you may never become a citizen of the United States. Other lesser crimes may delay your immigration or citizenship goals because they prevent you from applying until a specified amount of time has passed since you committed the crime. In 2014, USCIS added additional questions about violent activities and war crimes as per U.S. national security laws. These additional questions doubled the size of the N-400 Application for Naturalization from 10 to 20 pages’ worth of questions that will be asked during your naturalization interview! In determining good moral character, however, the USCIS can consider conduct that would have been a crime even if you were never arrested, charged, or convicted. (You can find more on good moral character in Chapter 3.)

       Attachment to the principles of the U.S. Constitution and a favorable disposition toward the United States. This means that you must be willing to take the Oath of Allegiance to the United States of America, giving up any prior allegiances to other countries.

      SERVING YOUR WAY TO CITIZENSHIP

      If you served honorably in the U.S. armed forces for at least one year at any time, you may be eligible to apply for naturalization. Currently, you must be a permanent resident at the time of your interview. In times of war or other declared hostilities, members of the U.S. armed forces may naturalize without even being lawful permanent residents. Such periods are designated by law or by Executive Order of the president and have included World War I, World War II, the Korean War, the Vietnam police action, and the Gulf War. Most recently, the War on Terror was added, allowing all active-duty military personnel honorably serving on or after September 11, 2001, until a date to be determined, to be naturalized without regard to prior permanent resident status. For further information about eligibility based on military service, see www.uscis.gov/military/naturalization-through-military-service.

      If you bought this book, you’re obviously interested in being more than just a temporary visitor to the United States. You want to be a U.S. citizen. But first you must become a lawful permanent resident (with one exception — see the “Serving your way to citizenship” sidebar, earlier in this chapter).

      Doing the paperwork

      The type of application you file will depend on your path to immigration — in most cases, through family or through employment. (You can find more details on specific forms and paperwork in Chapter 4.)

      After the USCIS approves your sponsor’s immigrant visa petition, the Department of State must determine if an immigrant visa number is immediately available to you or if you will be on a waiting list. When an immigrant visa becomes available to you, you can process your immigrant visa through a U.S. consulate.

      

If you’re already in the United States, you may only apply to change your status to that of a lawful permanent resident after a visa number becomes available for you.

      Proving your identity

      In order to gain your Permanent Resident Card, if you’re adjusting your status while in the United States, or to become a naturalized citizen, you’re going to have to prove your identity. Be prepared to be fingerprinted and provide the USCIS with at least two photographs, in addition to documents and paperwork that must be included with your application (you can find more information on this in Chapter 4).

      IT’S NOT EASY BEING GREEN

      A Permanent Resident Card is evidence of your status as a lawful permanent resident. Although in popular lingo it’s called a “green card,” the Permanent Resident Card is officially known as USCIS Form I-551. At one time in its history, the Permanent Resident Card was known as the Alien Registration Receipt Card.

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