NY Daily News
10 key citizenship questions
You asked & we answered
More than 6,000 callers took advantage
of our hugely successful citizenship
phone-in, organized with CUNY. From
Monday through Friday of last week, our
team of experts offered free advice on
naturalization and other immigration
matters. These were the top 10 questions
you asked.
1. I'm a permanent resident. When can I
apply for U.S. citizenship?
Most naturalization applicants must have
five continuous years in the U.S. to
naturalize. You qualify after only three
years if you have been married to and
living with the same U.S. citizen spouse for those three years.
"Continuous" means that you were never out of the U.S. for more than
365 days. If you go abroad on business, to do religious work or to work
for the U.S. government, United States Citizenship and Immigration
Services (USCIS) will sometimes excuse your absence.
Permanent residents serving in the military at any time beginning Sept.
11, 2001, qualify for naturalization no matter how long they have been
a permanent resident. Other military veterans qualify after three years
as a green card holder.
2. I want to naturalize, how do I get started?
First, get an Application for Naturalization, USCIS form N-400, by
calling (800) 870-3676 or from the USCIS Web site,
http://uscis.gov/graphics/formsfee/forms/.
3. How much is the filing fee?
As of Friday, $390. It's $320 for the application, plus $70 for the
fingerprints - which is now called a biometric fee. You may send one
check or money order made out to the USCIS.
The agency can waive your naturalization filing fee, but not the
biometric. To get the waiver, you must prove an "inability to pay." The
USCIS will consider whether you have a disability, your household
income and whether you have received public benefits. Unlike most
applications for permanent residence, to naturalize you need not prove
you can support yourself without public assistance. You can become a
citizen even if you are poor or on welfare. If the USCIS denies your fee
waiver request, the agency will send your application back asking that
you pay the fee.
4. I've traveled a lot since becoming a permanent resident. Can I still
naturalize?
To naturalize you must have spent half the five years of continuous
residence physically present in the U.S. - or half the three years,
depending which applies in your case.
The USCIS counts back from the time it receives your application. Trips
abroad of less than six months are rarely a problem. If you travel
abroad for more than six months, the USCIS may make you prove that
the U.S. remained your primary place of residence.
5. My mother says she is too old to learn English. Is there anyway she
can naturalize?
Most applicants must be able to read, write, speak and understand
simple English to get U.S. citizenship. If your mother can answer the
questions on the naturalization application and write a simple sentence
such as "I like my job," she can probably pass the English language
exam. If she is at least 50 years old, with 20 or more years permanent
residence, she is exempt from the English language requirement. She
also is exempt if she is at least 55, and has been a green card holder for
15 or more years. If she has a mental or physical disability that
prevents her from learning how to read, write or speak English, USCIS
may drop the language requirement.
6. Where can I get a copy of the questions the USCIS will likely ask me
about U.S. history and government?
You can get the 100 "civic knowledge" questions at the City University
of New York Web site,
www.cuny.edu/citizenshipnow, or at your local
library.
7. My green card expired. I applied for a new one almost a year ago,
but I still haven't heard from the USCIS. I have been a permanent
resident for more than five years. Can I naturalize?
Definitely. Your card having expired has no effect on your eligibility
for U.S. citizenship. Even people who have lost their cards can apply.
8. I never received the notice to appear for my naturalization
interview, so I didn't go. I found this out when I inquired about my
case, and a USCIS agent said my application had been denied. Will they
reopen my case?
It's possible you can get the USCIS to reopen your case, but it's
unlikely. It may not be fair, but the fastest way for you to get
citizenship is to file again, paying the fees and waiting for a new
interview.
9. My mother naturalized when I was 17. I am now 19. At the time my
mother got her citizenship, I was a permanent resident. What is my
status?
You are a U.S. citizen. You got "derivative" or automatic citizenship the
moment your mother was sworn in as a citizen. To get proof, apply for
a U.S. passport. Take your mother's naturalization certificate, your
permanent resident card and your birth certificate to a passport
acceptance facility.
The derivative citizenship rules are complicated. If you are not sure
whether you got citizenship when your parent naturalized, see an
expert.
Children not yet 18 on Feb. 27, 2001, get derivative citizenship if the
following four conditions are true:
At least one parent of the child is a citizen of the U.S., whether by
birth or naturalization.
The child is under the age of 18.
The child is residing in the U.S. in the legal and physical custody of
the citizen parent.
The child is a permanent resident.
The order of events makes no difference. Derivative citizenship is
automatic. If you naturalize and then your child gets permanent
residence, the child becomes a U.S. citizen the moment he or she
becomes a green card holder, so long as that happens before the child
is 18.....................
Complete:
http://www.nydailynews.com/city_lif...9p-163891c.html