U.S. Citizenship For Dummies - Jennifer Gagliardi

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with your U.S.-citizen spouse for at least three years. If you’re a man between the ages of 18 and 26, you’ve registered for the draft with Selective Service. You’ve properly completed and filed your Application for Naturalization Form (Form N-400) and supplied the USCIS with all the necessary documents and paperwork (you can find more on this in Chapter 4). Now comes the final step in the process of becoming a citizen: the USCIS interview.

      Although it only takes about 10 to 15 minutes, the interview fills many prospective citizens with fear and dread. After all, you not only have to be prepared to answer questions about yourself, you also have to prove that you know how to read and write one dictated sentence in English plus answer six out of ten questions correctly from a list of one hundred U.S. history, government, and civics questions.

      We know it sounds intimidating, but if you do your homework, you’ll have nothing to worry about. USCIS examiners don’t expect you to know everything about the United States. Nor do you have to be an English professor to pass the language test. If you can read and understand this book, you can pass the English text. If you’re having trouble, don’t worry. We give you some fun and easy ways to improve your skills.

      

USCIS officers are required to give “due consideration” to your education, background, age, length of residence in the United States, opportunities available, and efforts made to acquire the requisite knowledge, along with any other elements or factors relevant to appraising your knowledge and understanding. As far as U.S. history and civics are concerned, the USCIS wants to know you understand the principles that the United States stands for. Finding out about history helps you understand how the United States became the great nation it is today. Parts 3, 4, and 5 of this book help you prepare for the history and civics test, but we predict that you already know more than you think you do.

      After your interview, you’ll get a USCIS Form N-652, which simply tells you whether your application was granted, denied, or continued. Here’s an explanation of what each of these three possibilities means:

       Granted: Congratulations! If your application was granted, you’ll soon receive a notice of when and where to go for your swearing-in ceremony, where you’ll take the Oath of Allegiance. You don’t become a U.S. citizen until you attend this ceremony and take the Oath of Allegiance.

       Denied: If the USCIS denies your application for naturalization, you’ll receive a written notice telling you why. If you feel you were wrongly denied, you can ask for a hearing with another USCIS officer to appeal your case. On the back of your denial letter, you’ll find USCIS Form N-336 “Request for Hearing on a Decision in Naturalization Proceedings.” You’ll also conveniently find full instructions on how to file and what fees you’ll need to pay. If your application is again denied at your second hearing, don’t give up — you still have one more chance: You can file to have your application reviewed in U.S. district court. Keep in mind that you only have 30 days after receiving your denial letter to file for an appeal hearing. After 30 days, the case is considered closed, and you’ll have to start the entire process over again if you want to reapply.

       Continued: Cases are most often continued, or put on hold, because the applicant didn’t provide all the documents the USCIS needed or because the applicant failed the English or civics test. If the USCIS requires more information, they will give you a Form N-14, which explains exactly what information or documents they’re looking for. The form will also tell when and how you should provide these papers. You’re close to gaining citizenship, and details count. Follow the instructions on Form N-14 carefully. Not paying attention to details can result in your application being denied. If you don’t understand the instructions, ask for help and make sure that you deliver what’s asked for on time. (See Chapter 7 for information about finding competent and ethical help.)If you failed the English test and/or the civics test, the USCIS will give you a time to come back and try again in another interview. Study hard, because if you fail the tests a second time, your application will be denied. Don’t worry — you’ll have plenty of time to prepare for your second test (usually between 60 and 90 days).

      Are there any situations in which you can be automatically disqualified from ever becoming a U.S. citizen? You bet. Having committed certain crimes may cause you to lose your chance at citizenship — these are known as permanent bars to naturalization. A murder conviction on your record is a permanent bar to naturalization. If you were convicted of an aggravated felony that was committed on or after November 29, 1990, you’ve also lost your chance of becoming a U.S. citizen.

      

DISABILITY AND AGE EXCEPTIONS TO THE ENGLISH AND CIVICS REQUIREMENTS

      In order to accommodate those with disabilities, certain applicants — those with a physical or developmental disability or mental impairment — may not be required to take the English and/or civics test. If you think you, or an immigrant you are assisting, may qualify for these exceptions, be prepared to file USCIS Form N-648 “Medical Certification for Disability Exceptions” along with the naturalization application. Don’t send in the application until a licensed medical or osteopathic doctor or licensed clinical psychologist with knowledge of the case has completed and signed Form N-648. If you qualify for the English language proficiency portion of the test, be prepared to bring a qualified interpreter with you to your interview.

      When it comes to gaining U.S. citizenship, age has its privileges in the form of easier English and/or civics test requirements:

       If you are over 50 years old and have lived in the United States as a lawful permanent resident for periods totaling at least 20 years, you won’t have to take the English test. You will, however, be required to take the civics test in the language of your choice.

       If you are over 55 years old and have lived in the United States as a lawful permanent resident for periods totaling at least 15 years, you won’t have to take the English test. You will be required to take the civics test in the language of your choice.

       If you are over 65 years old and have lived in the United States as a lawful permanent resident for periods totaling at least 20 years, you won’t have to take the English test. You’ll also be given a simpler version of the civics test in the language of your choice.

      You must meet the age and permanent residency requirements at the time you file your Application for Naturalization in order to qualify for an age exception. Your time as a permanent resident need not be continuous, but it must total a period of at least 15 or 20 years. (We cover this topic in more detail in Chapter 4.)

Failure to pay child support or support other legal dependents can present a bar to naturalization. Make sure that your legal financial obligations to any dependents are current and up-to-date before applying for citizenship.

      Assuming you pass your interview, you’ll receive a notice

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