Citizenship/english
From YoKim
Frequently Asked Questions on Naturalization
<Index>
▣ Eligibility Criteria ………………2 ▣ Documents that need to be prepared …………3 ▣ About applying…………6 ▣ After applying……………6 ▣ Support for Seniors and Disabled……8 ▣ Other……………10
Korean Resource Center/민족학교/☎323-937-3718
● Eligibility Criteria
☎ What are the eligibility criteria?
5 years after acquiring lawful permanent resident status. (3 years for wife/husband of citizens) More than 2.5 years of physical presence in the U.S. after obtaining residency. Resident for three months in the state in which you requested citizenship. Over 18 years of age. Good moral character and respect the basic principle of the U.S. constitution.
☎ Who must see an attorney before filing the application?
If you stayed continuously for more than 6 months abroad after acquiring your citizenship. If you have falsely told people that you are a citizen. If you have registered as a voter. If you have voted. If you married just to obtain your permanent residency. If you have been charged of committing a crime. If you have lied to the USCIS/INS or the consul in order to obtain your permanent residency. If you have been convicted of a crime after becoming a permanent resident. If you have failed to support your dependents or pay alimony. If you have not reported taxes.
☎ What are the criteria if I am married to a citizen?
You need to satisfy three criteria: - The citizen needs to have three years of being a citizen - The couple need to have married for three years - The permanent resident (the one naturalizing) needs to have been a permanent resident for three years.
☎ I didn’t renew my permanent residency card. Do I have to renew it?
☞ You may apply using your expired permanent residency number. However, because as a permanent resident you are required to keep your permanent residency card up to date, and because having an expired card if an when they reject your citizenship can result disadvantageous, it’s in your best interest to renew your card. Always renew your card.
☎ Can I apply for naturalization even if I haven’t been a resident for 5 years?
☞ You can apply three months in advance of fulfilling your residency requirement (4 years 9 months for most people, and 2 years 9 months for those married to a citizen)
☎ I was sponsored by my employer or church but did not actually work there. Can I apply for naturalization?
If you worked a bit there and then left, it may not be a major problem. But it becomes a problem if you haven’t worked there at all, because it can be deemed an act of fraud.
☎ Are there benefits for children under 18 years of age?
☞ If your children are 18 years or younger, they will be automatically become citizens when either of their parents naturalize. This applies even if the children are currently outside the United States; when they are abroad, however, the children will be required to fulfill the requirement of 5 years from acquiring permanent resident status.
● About applying
☎ How much are fees? When and how do I pay them?
☞ Fees are $400 US dollars. This includes $70 for biometrics (fingerprints) and $330 for processing fees. Please bring a $400 personal check (write it to “USCIS”) or a money order to “USCIS”. If you are 75 or older, you only pay $330.
☎ Can someone else give her or his check to pay for my fees?
☞ Checks from people other than applicants are accepted. Make sure to write the citizenship number or A-number (permanent residency number) of the applicant under the check’s “memo” section.
☎ I lost my personal ID
☞ In the case of your permanent residency card, you just need to remember the card number (A-number) The passport, social security card and driving licenses have your personal information listed on them – they are helpful when filling out the application. Please bring those as well.
☎ I haven’t reported my cash income when filing taxes.
☞ It’s not too late to report them to the IRS now. Immigration officers may demand documents during the interview – if it’s found that you have not been reporting taxes, you may be at a disadvantage. After reporting with the INS, add it under your “employment” section of the application as well.
☎ During some time periods, I did not work.
☞ You only need to write the name, address, work period, and position of any places you worked or studied at during the past 5 years.
☎ Do I need proof of marriage?
☞ In the application, it suffices that you list information about your wife or husband (name, address, date of birth, place of birth, social security number, permanent resident number and citizenship information if the person is a citizen). You do not need the actual paper documents. Your interview appointment may indicate the need for further documentation – such as family documents and divorce documents), In that case, your documents need to be translated to English, but they need not be notarized.
☎ What if my wife/husband is undocumented?
☞ If your wife/husband is undocumented, merely list basic information and the date of entry, and write “Alien” or “Nonresident” under immigration status. You don’t need to list the person’s A-number (because they don’t have one) – this won’t count against the applicant or result in investigations against the wife or husband.
☎ What effect does my travel abroad time have upon my naturalization application?
☞ Permanent residents may freely take travels abroad. But depending on the circumstances, your travels abroad may affect your naturalization eligibility and in some worst cases, take away your permanent resident status. This does not affect children under 18 years of age.
Impact of travels abroad. Less than 6 months abroad: generally, this shouldn’t affect your residency or eligibility. 6 months to 1 year: there is the chance that you may not satisfy the continuous residency requirement. But you can prove your continuous residency if you demonstrate ties with the United States during your overseas stay – having a job in the US, having your immediate relatives in the US, having your house in the U.S., having paid taxes, not having a job abroad, etc. More than 1 year: This breaks your continuous residency requirement – you need to wait 4 years and 1 day (2 years and 1 day for those whose wife or husband are citizens) before applying for citizenship. If you have stayed abroad for more than 1 year during the past 5 years, it is considered that you have not fulfilled naturalization eligibility criteria. In particular, if you have stayed abroad for a very long time, the USCIS may deem you as having given up on your permanent residency and take away your permanent residency status.
☎ What do I need to prepare if I have criminal or offense records?
☞ If you have been tried in court, you should go either to your county court or the court in which you have been tried, and make copies of your court records. If you have no court records, you should get a “Certificate of no record” from the state court, which is proof that you have tried to find your records but they are no longer available. We need this document in order to process your naturalization application. You can get the copies only by going to the court in person. If you have been tried in court, you need to consult with an attorney prior to completing the application. There is the risk of losing your permanent residency and even being deported if you don’t report your criminal records properly and the records are later found out by the USCIS.
<L.A. Residents> LA County Conviction Records Criminal Courts Building 210 W. Temple LA, CA 90012 Room 5-305 (5th Floor)
<Orange County Residents> Central Justice Center (CJC) 700 Civic Center Drive West Santa Ana, CA 92701 http://www.occourts.org/locations/
☎ Do I have to bring documentation for even traffic violation tickets?
☞ In the case of traffic violations, you don’t need to bring all your documents but you still need to know the type of violation, time, place and the outcome. If you don’t recall your traffic violation recall off hand, a “Driving record” from the DMV may be of help.
☎ Is it against my application that my wife or husband committed a crime?
☞ It is generally not a problem that your spouse committed a crime, but it may be problematic based on the circumstances. So be prepared.
☎ What is Selective Service?
☞ All males born after 1960 who were residing in the U.S. between 18 and 26 years of age need to register for Selective Service. This applies to all residents – citizens, permanent residents, and undocumented immigrants. Those on non-immigrant status (students and tourists) do not apply. If you did not register for Selective Service, you need to clarify that it happened because you were not aware that you had to register. If you did not register for Selective Service in the full knowledge that you had to register, USCIS may hold it against your “good moral character” requirement. If unsure, ask SSS at 847-688-6888/www.sss.gov
☎ Does USCIS request further documents after I apply for citizenship?
☞ USCIS may demand further information, such as tax reports and proof of marriage. You may get about a month to prepare said documents – make sure that you comply with deadlines even if they look like petty details.
☎ Do I have to list places in which I lived without reporting a Change of Address in the 5-year residency list?
☞ It won’t be a problem so bring all addresses regardless of whether you reported them before or not.
☎ I don’t recall details of some really old travels abroad.
☞ The purpose of asking for a record of all foreign travels is so that USCIS knows whether you have ever meant to move your residency elsewhere. Your passport is generally a reliable source of entry and exit information. If you no longer have your passport, nor remember it well, it’s OK that make an educated guess about your travel dates. Another way of obtaining this information is by contacting the Korean Entry/Exit Administration (출입국 관리소).
☎ I came to the U.S. via family reunification and divorced a long time ago. I only reported by divorce in Korea. Do I also have to report it in the U.S.?
☞ You don’t need to report your divorce again the U.S. after doing so in Korea. Your divorce in Korea is legally valid in the U.S. as well.
☎ I want to change my name. Can I do this as part of my naturalization application?
☞ You can change it during naturalization. You need to list all your names (legal names, public names used in government documents such as driving licenses, permanent residency cards and other documents requiring a signature). Changing your name as part of your naturalization is free; Changing your name after naturalizing involves extra fees.
● After applying
☎ When does the interview take place?
☞ It varies on the circumstances of the USCIS and the applicant, but generally it proceeds as follows: 1 month later: You will receive a receipt of the application. 2 months later: you will receive an appointment. 4-6 months later: You will receive a notice to participate 2-3 weeks after your interview: you will be asked to come to your oath ceremony. It may take you in total 10 months. Sometimes it may take 3-4 months or 12 months. If you fail your exam, you may have one more chance to test.
☎ Can I change the interview time?
☞ You can contact the USCIS to change your interview time.
☎ Where do I get citizenship study guides?
☎ The Korean Resource Center will give you a study guide in your language. If you need it before July 1st, consult with bookstores and local adult schools. You can also download interview materials in the Korean language at the USCIS website.
☎ I have applied for citizenship but received no notice.
☞ If no notice is sent to you after your interview, you can try three ways: 1. Sending a copy of your receipt of application via certified mail to USCIS. It may take them a few weeks to get back to you. 2. Calling USCIS. You can receive updates of your application through the G-14 form, which can be sent to you if you call USCIS. 3. Discuss with immigration service providers: consult with the Asian America Legal Defense Fund (AALDEF) or other immigration attorneys.
● Support for Seniors and Disabled
☎ Do Seniors have to interview in English too?
☞ If you fulfill one of the following: a) over 50* years of age and 20 years as a permanent resident b) over 55* years of age and 15 years as a permanent resident you may interview with an interpreter present. You can take your friend or family member – if you can’t get one, USCIS may try to bring an interpreter but they offer no guarantees. If both parties fail to bring an interpreter, you may postpone your interview. All others have to interview in English, however.
- You need to be of this age by the time you submit your naturalization application. For example, if you submit your application in July 15th of 2006, you can satisfy the age requirement if you were born at or before July 15th 1951 for 55 years of age and 1956 for 50 years of age.
☎ Do Seniors take the same test?
☞ If you are more than 65 years of age and have 20 years as a permanent resident, you only have to take a brief 25-question exam (as opposed to the normal 95-question exam). To get a list of the 25 questions, contact AALDEF.
☎ Can USCIS ask me about my state benefits?
☞ USCIS is not supposed to ask you about any state benefits (Medi-Cal, SSI, etc) you currently do or intend to take. If this happens, report the incident to AALDEF.
☎ Do disabled or sick get accommodations?
☞ If you have a mental disability, your doctor can submit an the N-648 form affirming that you cannot take the test due to mental impairments. If you have a physical disability that makes it very hard to get out of home, USCIS officers may visit your home. In this case, they send you a mailed notice asking you to come to the USCIS office, call them and remind them of your physical condition. It’s best to submit the N-648 along with your application.
● Other
☎ Do family members file separately?
☞ Family members over the age of 18 file separately.
☎ Can others file on my behalf?
☞ If the other person presents all documents, plus two passport size photos, and a signature of the applicant, others may file the application on your behalf. USCIS may mail you a signature form after receiving the application if you haven’t signed it. You may sign that as well.
● Benefits of being a citizen
☎ What are the benefits of becoming a citizen?
☞ You may vote. You can receive public benefits in the incident of economic hardship. You won’t be deported because of crimes you may commit. You can invite your family members and it will be processed more quickly. You can work in federal agencies. You can travel abroad without restrictions about your residency status. You can serve as a military officer. You will have a better public benefits coverage.
