Nolo Press Becoming A U.S. Citizen A Guide To The Law, Exam and Interview PDF

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1st edition
Becoming a
U.S. Citizen
A Guide to the Law, Exam
and Interview
by Attorney Ilona M. Bray

FIRST EDITION JANUARY 2003
Production SUSAN PUTNEY
Book Design TERRI HEARSH
Cover Design MARY E. ALBANESE
Proofreading ROBERT WELLS
Index THRSE SHERE
Printing CONSOLIDATED PRINTERS, INC.
Bray, Ilona M., 1962-

Becoming a U.S. Citizen : a guide to the law, exam and interview / by Ilona Bray -- 1st ed.
p. cm.
Includes index.
ISBN 0-87337-799-0
1. Natualization--United States--Popular works. 2. Citizenship--United
States--Examinations, questions, etc. I. Title: Becoming a U.S. Citizen. II. Title.
KF4710.Z9 B73 2002

342.73'083--dc21
2002070186
Copyright 2003 by Nolo. ALL RIGHTS RESERVED. Printed in the U.S.A.

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Acknowledgments
This book was inspired by the efforts of my clients, many of whom overcame huge
obstacles in order to become U.S. citizens. A couple of memories stand out in particu-
lar. There was Eduardo, who in the last months before his death from cancer, madly
studied the U.S. history and government exam questions so that he could become a
citizen before he diedand succeeded. Then there was Jose, who after failing the
English writing requirement during his first interview, passed it during the second one
with the sentence the sky is blue and happily proclaimed this phrase to the world
during the whole trip home from the INS.
I couldnt have written this without the help of others, who generously shared their
knowledge and experience. Particular thanks go to Barbara Horn, who continued to
take my phone calls even when she knew it was going to be another
obscure question. Lynette Parker and Carmen Reyes-Yossiff also contributed invalu-
able information and sample documents. Though this book helps you avoid certain
types of attorneys, its ones like Barbara, Lynette and Carmen who show what it truly
means to be in a service profession. Justin Kimball, a citizenship instructor, also made
valuable contributions.
Thanks also go to the staff at Nolo: Mary Randolph and Janet Portman, who can
organize anything into sensible shape; Amy DelPo and Rich Stim, unfailingly careful
and encouraging editors even as my comma placement became increasingly erratic;
and the magicians who turn stacks of paper into books, including Margaret Livingston,
Susan Putney and Mary Albanese.
Table of Contents
I Introduction
1 Deciding Whether to Apply for Citizenship

A. The Disadvantages of Applying for Citizenship .......................................... 1/2
B. The Advantages of U.S. Citizenship ........................................................... 1/9
2 Are You Eligible for U.S. Citizenship?

A. Confirming Your Permanent Resident Status .............................................. 2/3
B. Your Physical Location During Permanent Residency ................................ 2/9
C. The Age Requirement .............................................................................. 2/16
D. Demonstrating Good Moral Character ..................................................... 2/16
E. English Language Skills ............................................................................ 2/26
F. The U.S. History and Government Exam ................................................. 2/27
G. Loyalty to the U.S. ................................................................................... 2/28
H. Overview: Are You Ready to Apply? ........................................................ 2/29
3 Preparing and Submitting Your Application

A. What Youll Put in Your Application Packet ................................................ 3/2
B. Preparing Your Cover Letter ....................................................................... 3/3
C. Filling Out INS Form N-400 ...................................................................... 3/4
D. Submitting the Application ...................................................................... 3/10
4 Between Filing and Interview: Dealing With the Wait

A. Improving Your Eligibility for Citizenship ................................................... 4/2
B. Tracking Your Application and Dealing With Delays .................................. 4/3
C. If You Move or Go on Vacation ................................................................ 4/11
D. Requesting Emergency Attention ............................................................. 4/12
E. When All Else Fails, Call Your U.S. Congressperson ................................. 4/12
5 Preparing for the English Exam
A. How Much English Youll Need to Know ................................................... 5/2
B. How the INS Tests Your English .................................................................. 5/2
C. Study Resources ........................................................................................ 5/4
6 Preparing for the U.S. History and Government Exam

A. Your Exam Preparation Strategy ................................................................. 6/2
B. Learning the Answers to the 100 Questions ............................................... 6/3
C. The 25 Questions for Applicants Age 65 and Older ................................. 6/15
7 Overcoming Disability When Applying for Citizenship

A. Accommodating Your Disability ................................................................ 7/2
B. Disability-Based Waivers of the Exam Requirements ................................. 7/4
8 The Interview
A. Final Preparation ....................................................................................... 8/4
B. The Interview ............................................................................................. 8/6
C. If the Interview Goes Badly ....................................................................... 8/9
D. Approval or Denial: Whats Next? ........................................................... 8/10
9 Denials, Appeals and Repeat Interviews

A. Retaking the Exams ................................................................................... 9/2
B. Providing More Documents ....................................................................... 9/2
C. Choosing to Appeal or Reapply ................................................................. 9/5
D. How to Appeal .......................................................................................... 9/6
E. What to Do If You Lose the Appeal .......................................................... 9/12
F. Reapplying for Citizenship ...................................................................... 9/12
10 Legal Help Beyond This Book

A. When Do You Need a Lawyer? ................................................................ 10/2
B. Make a List of Prospective Attorneys ....................................................... 10/3
C. Avoid Sleazy Lawyers .............................................................................. 10/3
D. Choosing Among Lawyers ....................................................................... 10/4
E. Signing Up Your Lawyer ........................................................................... 10/7
F. Firing Your Lawyer ................................................................................... 10/8
G. Do-It-Yourself Legal Research .................................................................. 10/8
11 After You Are Approved
A. The Swearing-In Ceremony ..................................................................... 11/2
B. How to Prove Your Citizenship ................................................................ 11/6
C. Registering to Vote ................................................................................... 11/7
D. Citizenship for Your Children ................................................................... 11/7
E. Helping Other Family Members Immigrate .............................................. 11/9
Glossary
Appendixes
A INS District Office and Sub-Office Addresses
B INS Publications
C Tear-Out Immigration Forms
Index
C H A P T E R
Deciding Whether to Apply

for Citizenship
A. The Disadvantages of Applying for Citizenship .................................................... 1/2
1. The Risk of Deportation ................................................................................... 1/2
2. Some Countries Wont Allow Dual Citizenship ............................................... 1/7
3. Carrying a U.S. Passport in Unfriendly Territory .............................................. 1/9
4. You May Not Be Allowed to Serve Your Native Country During War ............. 1/9
B. The Advantages of U.S. Citizenship ..................................................................... 1/9
1. The Right to Vote and Hold Certain Federal Jobs ............................................ 1/9
2. Security From Anti-Immigrant Laws ............................................................... 1/10
3. Security From Deportation ............................................................................ 1/10
4. The Right to Live Outside the U.S. or Take Long Trips .................................. 1/10
5. Special Rights and Protections When Traveling Outside the U.S. .................. 1/10
6. Ease in Returning to the U.S. ......................................................................... 1/11
7. Increased Ability to Help Family Members Immigrate ................................... 1/11
8. Eligibility for Public Benefits .......................................................................... 1/11
1/ 2 BECOMING A U.S. CITIZEN: A GUIDE TO THE LAW, EXAM AND INTERVIEW
M any people spend their entire lives in the

United States without ever trading in their
green cards for citizenshipand their friends prob-
your native country may not allow dual citizen-
ship (see Section A2)
carrying a U.S. passport may be a security risk in
ably never know it. Their reasons vary: some of some countries (see Section A3), and
these long-time permanent residents want to show you may not be allowed to serve your home
their loyalty to their native country, some are wor- country in times of conflict (see Section A4).
ried that theyll fail the citizenship exam and some
just never get around to applying. 1. The Risk of Deportation
For many green-card holders, however, the ad-
If something happened in your past that makes you
vantages of U.S. citizenshipfor example, security
deportable, you should not apply for U.S. citizen-
from deportation, freedom of travel and eligibility
shipor at the very least you should talk to a law-
for public benefitsfar outweigh the drawbacks.
yer before doing so. The citizenship process may
And as well see, citizenship offers some refuge from
uncover whatever it is youre hiding and send you
political decisions that whittle away at green-card
directly into deportation proceedings. Perhaps your
rights.
green card should never have been approved in the
In this chapter well discuss the advantages and
first place because you lied on the application, or
disadvantages of applying for and obtaining U.S.
maybe youve committed a crime that no one at the
citizenship. By reading this, youll come to better
INS seems to have noticed yet. Either way, applying
understand your rights as a permanent resident and
for citizenship gives the INS a chance to review your
how secure or insecure your current status is. Well
whole immigration history, from the time you en-
also try to dispel some dual citizenship myths. In
tered the United States to the present. If something
Section A, we detail potential disadvantages of ap-
isnt quite right, you could find yourself fighting de-
plying for citizenship; in Section B, we discuss the
portation in Immigration Court.
advantages.
In this section, we look separately at the two
You should read this chapter even if you are most common types of problems:
sure you want to apply for U.S. citizenship. Fo- a green card that shouldnt have been approved
cus in particular on Section A1, where we explain how in the first place, and
applying for U.S. citizenship can lead to your deporta- a green card that the INS can take away because
tion either if your original green card application youve done something that violates its terms.
should not have been approved or if youve committed
acts since receiving your green card that make you de- a. If Your Green Card Application Shouldnt
portable. Have Been Approved
The INS would be the first to admit that it makes
A. The Disadvantages of Applying mistakes, sometimes approving people for green
cards who were not eligible for them. You probably
for Citizenship already know if you committed outright fraudthat
Well start with the negative aspects of applying for is, lied or deliberately omitted somethingon your
and receiving U.S. citizenshipbut not because they green card application. Common types of fraud in-
outweigh the positive aspects. We simply want you clude faking a marriage, hiding a criminal conviction
to fully appreciate the risks and possible pitfalls of in ones home country or creating false documents
applying for or receiving U.S. citizenship. These in- to show a sponsor who doesnt exist. However, you
clude: might also have unintentionally committed a liefor
if you got your green card fraudulently or have example, gotten a green card through a relative
since become deportable, applying for citizen- whose own green card had already been revoked
ship may bring you to the INSs attention and (cancelled or taken away), or turned 21 before you
result in your deportation (see Section A1) got a green card, not realizing that the category for
DECIDING WHETHER TO APPLY FOR CITIZENSHIP 1/ 3
children of permanent residents only applied Example 2: Leonora applied for a green card as
while you remained younger than age 21. the unmarried child of a U.S. permanent resi-
dent. She was on the waiting list for a number
Example 1: Rodrigo got his green card through
of years, during which time she fell in love and
the farmworker amnesty program in the 1980s.
married her sweetheart. Finally, her green card
In truth, he was a car mechanic, but he bought
came through. She didnt say anything about her
a letter from a farmer stating that he had picked
marriage, and the U.S. consulate forgot to ask.
strawberries during the required time period.
However, had the marriage been revealed, her
During the citizenship interview, the INS officer
green card would have been denied, because
asks Rodrigo how high he had to reach to pick
the category she applied in was only meant for
the strawberries. Rodrigo answers, Oh, no
unmarried children. When Leonora applies for
more than eight feet. The officer, knowing that
citizenship, she lists the date of her marriage.
strawberries dont grow on trees, takes a look at
The INS officer notices that the marriage oc-
Rodrigos INS file. She notices that the employer
curred before Leonoras green card was ap-
who swore to Rodrigos work was one whom
provedin other words, Leonora was ineligible
the INS believes to have made a lot of money
for her green card. Leonora faces deportation
selling fake letters. Rodrigos citizenship applica-
proceedings.
tion is denied, and he is placed in deportation
proceedings.
Times Square, New York City

If You Divorce
People who receive their green card through mar- pare for this by gathering documents that prove your
riage to a U.S. citizen or permanent resident but marriage was genuine (and make sure theyre more
later divorce that person often worry about how recent than the documents already in the INS file
this will affect their citizenship application. They from your green card application). Dont include
wonder whether the divorce makes their green these documents with your citizenship application.
card invalid or will spur the INS to deny their citi- Instead, make copies and take these, with the origi-
zenship. nals, to your citizenship interview. The following
As long as your marriage was the real thing documents may help:
that is, not a sham solely for purposes of acquiring rent receipts or a home title in both your and your
your green cardand you got all the way to being ex-spouses names (showing that you lived to-
approved for permanent (not merely conditional) gether)
residence, divorce will not invalidate your green birth certificates of children born to the two of you
card. Many people get divorced, and the immigra- a letter from your spiritual or psychological coun-
tion laws recognize that the United States may selor describing your meetingsparticularly
have become home to the divorced immigrant, where your marriage was discussed. (If possible,
with or without the ex-spouse. the letter should emphasize that you worked hard
The divorce may, however, raise certain ques- to save your marriage and that the issues you dis-
tions in the mind of the INS officer interviewing cussed were the thorny ones faced by people truly
you for citizenship. Youll need to be prepared for trying to share their lives)
these questions. evidence of joint bank accounts, credit cards and
The first question that may arise is whether club memberships
your marriage was indeed real, or whether you photographs of the two of you on vacations or
faked it through the green card application pro- sharing important occasions (preferably where the
cess. INS officers wont automatically assume camera has automatically inserted the date), and
from your divorce that your marriage was a subscriptions to magazines and newspapers at
shambut they may want some reassurance. Pre- your shared address.
When the cause of your divorce was that you looks like something youve done, do not file your
had an affair, the INS may conclude that your citizenship application until you see an immigration
moral character is not good enough to qualify you for attorney.(We cant give you extensive details on each
citizenship. See Chapter 2, Section D, for details. of these activities, so dont rely on this list alone.)
If you are unsure about whether you really de- You were inadmissible when you last entered
serve your green card, see a lawyer. The lawyer can the United States (see box, below, for more
request a copy of your INS file and analyze it for about inadmissibility).
problems. You have violated a condition of your U.S. stay.
You were unsuccessful in turning your condi-
b. If Youve Become Deportable After tional residence into permanent residence (prima-
Getting Your Green Card rily affecting people who married U.S. citizens).
You have helped smuggle someone into the
U.S. laws contain a list of activities that can cause a
United States within five years of when you en-
green card holder to lose the right to live in the
tered the country (with limited exceptions for
United States. Commit one of these activities and you
close family).
become deportable. If anything on the list below
You have entered into a fake marriage to try to pened. For example, the INS checks the names of
get a green card. people in jail and asks the police to turn over crimi-
You have committed a crime of moral turpitude nal immigrants for possible deportation. If youve
within five years of becoming a resident (or ten been out of the country, the INS border officer
years if you got your residency after living in the checks whether you are admissible, looking in par-
United States illegally, by paying a penalty fee ticular at whether you stayed away too long or re-
under Section 245(i) of the I.N.A.). There is no settled elsewhere. But sometimes violations go un-
INS-approved list of crimes of moral turpitude detected by the INS. For example, a person who
(see What Constitutes Moral Turpitude, below). pleads guilty to a crime but never goes to jail may
You have committed a crime of moral turpitude escape the INSs attention. Similarly, border patrol
for which the judge could have imposed a sen- officers sometimes let in green card holders when
tence of one year or more. they should have kept them out.
You committed two or more separate crimes of In short, if youve done something to make you
moral turpitude. deportable and the INS hasnt yet caught up with
You committed an aggravated felony. you, applying for U.S. citizenship will give the
You have committed a drug-related crime (ex- agency the perfect opportunity.
cept a single conviction for possession of 30
Example 1: Matilda got her green card as a re-
grams of marijuana or less).
sult of marrying a U.S. citizen. She and her hus-
You use or are addicted to illegal drugs.
band have fiery tempers and their arguments
You have committed a gun-related crime (such
sometimes become physical. After one violent
as selling, possessing or using a gun illegally).
encounter, Matildas husband had her arrested
You have violated federal laws regarding spying,
for domestic violence. She tried to have him ar-
treason, sedition (insurrection against the U.S.
rested too, but since he was bleeding a lot more
government or providing support to an enemy
than she was, the police checked him into a
government) or assisting others to illegally enter
hospital instead. Matilda pled guilty to a domes-
or leave the United States.
tic violence charge in order to avoid jail time.
You have committed a domestic violence crime
When Matilda applies for citizenship, the INS
or violated anti-stalking, child abuse, neglect or
officer notices the conviction on her FBI record.
abandonment laws.
Since domestic violence is a ground for deporta-
You deliberately failed to notify the INS of your
tion, the officer places Matilda in deportation
new address within ten days of moving.
proceedings.
You have fraudulently acquired a visa or other
official document (that is, you got it by lying or
Example 2: Patricks U.S. employer got him a
deliberately omitting information).
green card. He lived and worked in the United
You have falsely claimed to be a U.S. citizen.
States for two years and then went back to his
You are a threat to public safety, national secu-
native Britain for two years. After that, he re-
rity or U.S. foreign policy.
turned to the United States using his British
You have tried to overthrow the U.S. government.
passport (British citizens can enter the United
You have assisted in Nazi persecution.
States without a visa). He then used his U.S.
You have engaged in genocide.
green card to live and work in the United States
You became a public charge (received welfare
for the next five years. Although his two-year
payments) within five years of your approval for
stay in Britain meant that Patrick had given up
U.S. residency, or
his green card, his employer had no way of
You have voted in a U.S. election. (Greencard
knowing this, because he still held the physical
holders cannot vote in the United States.)
card that he could show to his boss. When
In most cases, whatever you did wrong will have
Patrick applied for citizenship, the INS officer
come to the attention of the INS right after it hap-
determined that Patrick had abandoned his U.S. To read the deportability law, see I.N.A.
residence during the two years in Britain and it 237(a), 8 U.S.C. 1227(a). You can find this at
was therefore inappropriate for Patrick to claim your local law library or on the Internet at Nolos Legal
green card status after he re-entered the United Research Center (www.nolo.com). On the Nolo.com
States. The INS places Patrick in deportation home page, click U.S. Laws and Regulations. Then,
proceedings. under the section for the U.S. Code, enter 8 in the
Title box and 1227 in the Section box. After reading
Example 3: Leticia applies for U.S. citizenship. the law, you will still need the help of an immigration
She has one minor crime on her record lawyer to answer questions about whether or not you
fraudulent use of an ex-friends credit card. have done something that makes you deportable. Many
However, the INS considers this a crime of of the terms used in the law, like moral turpitude and
moral turpitude (see What Constitutes Moral aggravated felony are unique to the immigration
Turpitude?). However, even though a single laws, and you wont be able to tell by looking at your
crime of moral turpitude isnt grounds for de- court record whether youve committed one.
portation, it is grounds for denying Leticia re-
admission to the U.S. if she left and attempted Every law has its exceptions. Deportability rules
to return. After being released from jail, Leticia are not always as harsh as they first appear.
took a trip to Canada. When she returned to the Some come with exceptions and waivers (opportunities
United States, the border patrol officer didnt ask to apply to the INS for legal forgiveness). So, even if
about her criminal record. Since Leticia was in- you have done something that makes you deportable,
admissible during that entry, she is deportable you might be able to save yourselfand your chances
now. After Leticia applies for citizenship, the of becoming a citizenby qualifying for one of these
INS officer at her interview realizes that an error exceptions or applying for a waiver. Were unable to
occurred at the U.S. border, denies citizenship cover the various exceptions and waivers in this book,
and places Leticia in deportation proceedings. but an immigration lawyer can alert you to the ones
that apply.
What Constitutes Moral Turpitude?
According to the INS, a crime of moral turpitude

is inherently base, vile or depraved, contrary to
social standards of morality and done with a reck-
less, malicious or evil intent. In short, this is a sub-
jective, catch-all term that can be used for any
crime that the INS considers offensive. For ex-
ample, the INS has judged moral turpitude to be
present in crimes involving great bodily injury,
sexual offenses, kidnapping, stalking, fraud, theft,
embezzlement and bribery.
The AlamoSan Antonio, Texas

Actions and Conditions That Make You Inadmissible
No, youre not seeing double. The activities that are the immediate family member of a drug traf-
make you inadmissible overlap in many ways with ficker and have knowingly benefited from their
the activities that make you deportable. Inadmissibil- illicit money within the last five years.
ity affects whether you can enter the United States, had committed espionage or sabotage against the
regardless of whether its for the first time or with a United States
green card. If youve committed any of the activities were a member of the Communist Party or other
below, the INS can keep you from entering. And if totalitarian organization
you were let into the United States when you were a Nazi or had participated in genocide
shouldnt have been, that is, when you were inad- were seeking entry as a healthcare or other certi-
missible, the INS can take your green card away. fied worker but had failed to meet licensing re-
You are (or were) inadmissible if, when entering quirements
the United States, you: had previously violated the immigration laws or
had a communicable disease, such as tuberculosis lied or committed fraud during immigration proce-
or HIV dures
had a physical or mental disorder that makes you had falsely claimed to have U.S. citizenship
harmful to others had spent time in the United States unlawfully or
were likely to become a public charge (receive hadnt obtained proper documentation to enter
welfare benefits)something the INS determines the United States (not an issue for immigrants who
based on your current income, ability to work and hold valid green cards)
family resources had previously been removed or deported from
were a drug abuser (if youve tried illegal drugs the United States
more than once in the past three years, thats believed that polygamy is valid (that is, believe in
enough for the INS) being married to more than one person at the
had committed or been convicted of a crime of same time), regardless of whether you were actu-
moral turpitude ally a polygamist
had been convicted of two or more crimes had committed international child abduction (tak-
(whether misdemeanors or felonies), where the ing a child across international borders)
total sentence you received was five years or were on a J-1 or J-2 exchange visitor visa and
more. were subject to the two-year foreign residence re-
had been convicted of certain specified crimes, quirement.
such as prostitution or drug trafficking
You can access the law on inadmissibility 2. Some Countries Wont Allow Dual
(I.N.A. 212(a); 8 U.S.C. 1182) at your local Citizenship
law library or on the Internet at Nolos Legal Research
If the INS approves your citizenship application, you
Center (www.nolo.com). On the home page, click
will attend a ceremony where you will have to swear
U.S. Laws and Regulations. Under the entry for the
to absolutely and entirely renounce and abjure all
U.S. Code, type 8 in the Title box and 1182 in the
allegiance and fidelity to any foreign prince, poten-
Section box. Alternatively, this statute is available at the
tate, state or sovereignty, of whom or which [you]
State Departments Web page (www.travel.state.gov/
have heretofore been a subject or citizen. Does this
visa;ineligible.html). See an immigration lawyer for ad-
mean that you must give up the citizenship (and
ditional help.
passport) of your country of origin? Not necessarily.
It depends on both U.S. law and the law of your of every other country in the world. But, take
home country. Many people today successfully hold heartthe majority of countries around the globe
dual citizenshipthat is, they are simultaneously do allow dual citizenship, at least in some form.
U.S. citizens and citizens of another country. Below is a list of the countries that allowed some
Dual citizenship can be important for a number form of dual citizenship in 2001. (Keep in mind that
of reasons. You may feel a huge sense of loss in this list may have changed by the time you read it.)
giving up the passport of the country you once Since we dont have space to provide all of the pro-
called home. More practically, the laws of your cedures for and limits on retaining your non-U.S.
home country may require that you give up other citizenship, you should look for further information
important rights along with your citizenshipsuch on your own. A good starting point is the embassy
as your rights to a pension, to government-paid of your home country in the United States. You can
healthcare if you are elderly or disabled, to vote or usually find it in the Washington, D.C., phone book.
to own land. (If you cant locate a D.C. phone book at your local
U.S. law concerning dual citizenship is very library, call D.C. directory assistance, 202-555-1212.
vague. Nowhere does it say that you can be a dual You can find Internet links to the various embassies,
citizenbut then, nowhere does it say that you at www.embassy.org/embassies/index.html or
cant. Historically, the U.S. government has used this www.embpage.org.
vagueness as an opportunity to make people believe
that choosing U.S. citizenship excludes all others. Countries That Allowed Some Form
The oath that people take at their swearing-in cer- of Dual Citizenship in 2001
emony (quoted above) would make anyone think
that they were agreeing to give up all other citizen- Albania, Antigua & Barbuda, Argentina, Australia,
ships right then and there. However, it has become Bahamas, Bangladesh, Barbados, Belarus, Belize,
evident that the United States will not stop you from Benin, Bolivia, Brazil, Bulgaria, Burkina Faso,
keeping your citizenship in your home country after Cambodia, Canada, Cape Verde, Chile, Colombia,
becoming a U.S. citizenif that is what you want, Costa Rica, Croatia, Cyprus, Cyprus (North),
and provided your home country allows it. Dominica, Dominican Republic, Ecuador, Egypt,
Because the U.S. government does not formally El Salvador, Fiji, France, Germany, Ghana,
sanction dual citizenship, there are no particular Greece, Grenada, Guatemala, Guyana, Haiti,
procedures to follow. No one will give you a certifi- Hungary, India, Iran, Ireland, Israel, Italy, Jamaica,
cate or other evidence that the U.S. government rec- Jordan, Latvia, Lebanon, Lesotho, Liechtenstein,
ognizes and approves your dual status. Your home Lithuania, Macao, Macedonia, Madagascar,
country, however, may require more. First, find out Malta, Mexico, Montenegro (Yugoslavia),
whether your home country will cancel your citizen- Mongolia, Morocco, Netherlands, New Zealand,
ship if you are naturalized as a U.S. citizen. If can- Nicaragua, Nigeria, Northern Ireland, Panama,
cellation isnt automatic, find out whether you have Pakistan, Paraguay, Peru, Pitcairn, Philippines,
to take special steps to keep your home citizenship. Poland, Portugal, Romania, Russia, Saint Kitts
Some countries allow it automatically, others allow it (Saint Christopher) and Nevis, Saint Lucia, Saint
after an application process and still others offer Vincent, Serbia (Yugoslavia), Slovenia, South Af-
something less than full citizenship, with or without rica, Spain, Sri Lanka, Sweden, Switzerland, Tai-
an application. wan, Trinidad/Tobago, Thailand, Tibet, Turkey,
This book is published in the United States, and United Kingdom, United States, Ukraine, Uruguay
we dont pretend to be experts on the complex laws and Vietnam.
3. Carrying a U.S. Passport in Unfriendly wont have to renew your green card every ten
Territory yearsor even carry the card around. But wait,
theres more! As a U.S. citizen you get:
As a large and powerful country, the United States is
the right to vote and obtain certain federal jobs
a focus of public opinion and debate, both positive
(see Section B1)
and negative. Unfortunately, anger against the U.S.
security from anti-immigrant laws (see Section B2)
government is sometimes directed against its citizens
security from deportation (see Section B3)
traveling overseas. There is no way to predict
the right to live or take long trips outside the
whether, where or how a guerrilla or terrorist group
United States (see Section B4)
might make you a scapegoat for U.S. foreign policy.
special rights and protections when traveling
Youll have to assess the risks yourself based on
outside the United States (see Section B5)
where you plan to travel and what you observe of
an unquestioned right to return to the United
world events.
States (see Section B6)
Of course, if you have dual citizenship, you can
the ability to bring other family members to the
always carry the passport of your home country on
United States or pass citizenship to your children
a tripbut youll need to show your U.S. passport
(see Section B7), and
when you depart and return to the United States.
the right to apply for public benefits (see Section
You can use the other passport to travel with, that
B8).
is, show it on entry to other countries. However, if
you do so, the U.S. consulate there may refuse to
help you if you get into a jam. Also, dont flaunt
1. The Right to Vote and Hold Certain
your non-U.S. passport when you return to the Federal Jobs
United States. U.S. border officials are suspicious of Green card holders cannot vote in any U.S. election,
people who carry two passports and they will prob- be it local, state or federal. (If you did vote, see an
ably question you to confirm that everything is immigration lawyer immediatelythis could result
aboveboard. in denial of your application for citizenship.) Once
you receive U.S. citizenship, however, you can
4. You May Not Be Allowed to Serve Your make your voice heard in local and national elec-
Native Country During War tions. Politicians are increasingly aware of the vot-
ing-bloc power of immigrantsand are offering
The United States requires that its citizens demon-
meaningful choices and reforms to immigrant voters
strate loyalty in any conflict. In fact, youll be asked
as a result.
on the citizenship application if youre willing to
In addition to voting, U.S. citizenship will open
serve in the U.S. military, either in a combat or a
the door to many federal job opportunities. The fed-
supporting role, if the need arises. (Well discuss this
eral government is a huge employer, offering good
more in Chapter 3, which covers how to fill out the
salaries and job stability. You may not realize how
citizenship application.) This also means that the
many U.S. government branch offices are in your
United States may take action against you if you join
communitythe Social Security Administration, the
your own country in a war thats against the United
Environmental Protection Agency and more. Many
States or its allies or interests.
U.S. Foreign Service jobs also require U.S. citizen-
ship. If youve got political aspirations, you can run
B. The Advantages of U.S. for elected officealthough youll never be able to
run for president. (You must be born in the U.S.A.
Citizenship to qualify for that job.)
U.S. citizenship is definitely an improvement over
permanent resident status. At the very least, you
1/ 1 0 BECOMING A U.S. CITIZEN: A GUIDE TO THE LAW, EXAM AND INTERVIEW
2. Security From Anti-Immigrant Laws 4. The Right to Live Outside the U.S. or
These days, you cant open the newspaper without Take Long Trips
seeing a proposed change toughening up the fed- A green card holder who spends more than six
eral immigration laws. These new laws primarily af- months abroad, or shows signs of resettling else-
fect people who are here illegally or dont have where, can lose permanent residence rights. Ironi-
green cardsbut even legal immigrants with green cally, becoming a U.S. citizen allows you to spend
cards arent immune. Congresslimited only by less time in the United Stateseven to make your
Constitutional guarantees like free speech and equal home elsewhere if you wish. No one will take your
protectioncan change the rights of green card citizenship away as a result. In addition, and unlike
holders at any time. U.S. permanent residents, you will be allowed to
A dramatic example of this occurred in the late continue receiving any retirement or other benefits
1990s, when Congress decided to make green card youve earned from Social Security while youre liv-
holders ineligible for various federal benefits such as ing abroad.
Supplemental Security Income (SSI). Thousands of Even if you want to retain your primary home in-
elderly and disabled immigrants with low financial side the United States, gaining citizenship will be a
resources were suddenly cut off from their lifeline of huge help if you travel a great deal or have close
cash support and medical or nursing home care. family members or other obligations outside the
(The decision reportedly led to some suicides.) Con- United States. If family emergencies arise, youll be
gress subsequently softened this law, but tight re- able to attend to them, confident of your easy return
strictions remain. For example, immigrants who en- to the United States.
tered the United States after August 22, 1996, can
only qualify for SSI if theyve had a green card for 5. Special Rights and Protections When
five years and have worked 40 quarters (ten years)
Traveling Outside the U.S.
in the United Statesor fall into one of a few simi-
larly narrow categories. More recently, Congress has If you enjoy visiting other countries, youll find your
responded to U.S. security concerns by requiring U.S. passport helpful. Many countries lighten their
that all airport baggage and passenger screeners be visa requirements and restrictions for citizens of the
U.S. citizens. United States and other developed nations.
As a U.S. citizen, you can stop worrying about Youll also enjoy the protection of the U.S. State
Congresss latest idea. Youll have the same basic Department while youre traveling. The State De-
rights as any other U.S. citizen. partment takes very seriously its role in protecting
U.S. citizens abroad. If you are injured, robbed or
run into other problems beyond your control, youll
3. Security From Deportation
find the local U.S. consulate invaluable in helping
Although most green card holders can live in the you arrange care and transportation home. If youre
United States for years without problems, an unfor- arrested abroad, the State Department will help you
tunate number become deportable and lose their find an attorney and see that youre treated hu-
green cards. (We provided reasons for deportation manely. (However, if youve actually committed a
in Section A1, above.) crime, dont count on the State Department to pres-
With U.S. citizenship, the specter of deportation is sure the foreign state to stop your punishment. The
removed. The grounds of deportation do not apply degree of help you get depends on the seriousness
to U.S. citizens. However, the INSalthough it of your crime and the relations between the United
rarely does socan take away your citizenship if it States and the foreign government.)
finds you lied when seeking your green card or citi- For a fuller picture of these services see the State
zenship. Department website (www.state.gov).
DECIDING WHETHER TO APPLY FOR CITIZENSHIP 1/ 1 1
6. Ease in Returning to the U.S. In addition, you can submit a petition to sponsor
certain other family members for U.S. green cards
Remember those long lines for greencard holders
(but not citizenshiptheyll have to wait a few years
that you stood in when you last entered the United
just like you did). Youll be able to submit petitions
States? The lines are much shorter for U.S. citizens.
for your parents, your children, your spouse and
Youll still have to pass border patrol and customs
your brothers and sisters. Unfortunately, not all of
officials, but at least they wont be asking questions
these petitions result in your family member getting
designed to see whether they should take your
a green card right away. If your children are older
green card away. You will no longer be subject to
than 21 or are married, theyll be put on a waiting
inadmissibility rules every time you reenter the
list that usually lasts several years. Your brothers
United States.
and sisters will also be put on a waiting list that av-
As we indicated in Section A1, above, green card
erages at least ten years in length. Without your citi-
holders must meet admissibility standards every time
zenship, however, the same family members would
they enter the United States and failing these stan-
either wait much longer or have no rights to immi-
dards can result in being barred from entry and from
grate at all.
citizenship.
For more information on how your citizenship
For more on inadmissibility, see the Immigra- can help your family members to immigrate, see
tion and Green Cards section of Nolos online Chapter 11.
Legal Encyclopedia at www.nolo.com. Look for the ar-
ticle entitled When the U.S. Can Keep You Out. Also 8. Eligibility for Public Benefits
see U.S. Immigration Made Easy, by Laurence A. Canter
If your life takes a difficult turn and you discover
and Martha S. Siegel (Nolo).
you cant pay for your own food or medical care,
youll have a much easier time qualifying for gov-
7. Increased Ability to Help Family ernment help if youre a U.S. citizen. You will be
Members Immigrate permitted to apply for SSI (if youre disabled and
As a U.S. citizen, your existing children with green low-income), federal food stamps, general assistance
cards, any children you adopt and any children born (cash support), non-emergency medical services and
to you after you receive your citizenship automati- a variety of state assistance programsall of which
cally (well, almost automatically, depending on the are off limits or severely restricted while youre a
circumstances) become U.S. citizens. For more on permanent resident. Even if you never plan to rely
passing citizenship to your children, see Chapter 11. on government help, knowing its available in an
emergency can be reassuring.
C H A P T E R
Are You Eligible for U.S. Citizenship?

A. Confirming Your Permanent Resident Status ........................................................ 2/3
1. Are You a Lawful Permanent Resident? ........................................................... 2/3
2. How Long Have You Been a Permanent Resident? .......................................... 2/4
3. How Many Years of Permanent Residence Are Required? ............................... 2/5
B. Your Physical Location During Permanent Residency .......................................... 2/9
1. Time Requirements for Physical Presence in the U.S. .................................... 2/10
2. Continuity: Living Outside the U.S. for More Than Six Months at a Time ...... 2/11
3. State Stay: Three Months of Residence in the State or District Where
You Will Apply .............................................................................................. 2/14
4. Exceptions to the Location Requirements ...................................................... 2/14
C. The Age Requirement ......................................................................................... 2/16
D. Demonstrating Good Moral Character ............................................................... 2/16
1. You Have a Criminal Record .......................................................................... 2/18
2. You Havent Completed Probation, Parole or Similar Obligations................. 2/19
3. You Helped Someone Enter the U.S. Illegally ................................................ 2/19
4. You Lied to Obtain Immigration Benefits....................................................... 2/20
5. You Pretended to Be a U.S. Citizen or Voted Illegally ................................... 2/20
6. You Obtained Government Assistance Through Fraud or Within Five
Years of Any U.S. Entry ................................................................................. 2/20
7. You Havent Paid Court-Ordered Child Support ............................................ 2/21
8. You Havent Paid Income Taxes .................................................................... 2/21
9. You Had a Drinking Problem ........................................................................ 2/21
10. You Abused Drugs ......................................................................................... 2/21
11. You Believe in Polygamy ............................................................................... 2/22
12. You Fail to Register With the Selective Service .............................................. 2/22
13. You Deserted or Avoided the U.S. Military During Wartime ......................... 2/24
14. Youve Been a Communist, a Totalitarian or Opposed the
U.S. Government ........................................................................................... 2/24
15. Youve Done Something That Society Frowns Upon ..................................... 2/24
16. Showing Your Good Side .............................................................................. 2/24
E. English Language Skills ...................................................................................... 2/26
1. Waiving the English Requirement for Advanced Age ..................................... 2/26
2. Waiving the English Requirement for Disability ............................................ 2/26
F. The U.S. History and Government Exam ............................................................ 2/27
1. The 65/20 Exception for Applicants of Advanced Age ................................... 2/27
2. Waiving the History and Government Exam for Disability ............................ 2/27
G. Loyalty to the U.S. .............................................................................................. 2/28
1. Your Beliefs Forbid Taking Oaths .................................................................. 2/29
2. Your Beliefs Forbid Serving in the Military .................................................... 2/29
H. Overview: Are You Ready to Apply? .................................................................. 2/29
ARE YOU ELIGIBLE FOR U.S. CITIZENSHIP? 2/ 3
N o matter how eager you are to become a U.S.

citizen, you should start with an honest assess-
ment of whether you are eligible. If youre not en-
You have demonstrated good moral character in
the years leading up to your application for citi-
zenship, for example by paying your taxes and
titled to citizenship, the application process could child support and not committing any crimes
do you more harm than goodwasting your time (see Section D).
and energy, or worse, sending you into deportation You can speak, read and write English (see Sec-
proceedings. tion E).
If, after reading this chapter, you conclude that You can pass a brief oral test covering U.S. his-
you arent eligible, consult with an attorney to con- tory and government (see Section F).
firm your conclusion. If your attorney agrees, you You are willing to affirm loyalty to the United
will have saved yourself a lot of aggravation and dif- States and serve in its military if necessary (see
ficulty. If you conclude that you are eligible, con- Section G).
gratulations! You can continue through the applica- In this chapter, well briefly explain how to prove
tion process with confidence. that you meet each of these requirements.
If you are in the United States illegally, you Keep your eyes out for this icon which alerts
have a temporary visa or status, or you are in you to unique situations when you may have to
removal (deportation) proceedings, stop nowthis submit extra documents (and explanations) with your
book cant help you. No matter who you are or how citizenship application.
you came to the United States, you have to start the
citizenship process by getting a green card. You cannot
jump from having no immigration status to U.S. citizen- A. Confirming Your Permanent
ship. The only exceptions are for the children and, in
rare cases, the grandchildren of U.S. citizens and for
Resident Status
service people who served honorably and on active- Before you can become a citizen, you mustwith
duty during certain military operations. For more infor- some exceptions (see Section A3, below)have
mation, see How to Get a Green Card, by Loida been a lawful permanent U.S. resident for at least
Nicolas Lewis and Len T. Madlansacay (Nolo). five years. Its important to be accurate when deter-
mining your time as a lawful permanent resident,
If you meet all of the following criteria, you are
because if you turn in your application even one
eligible for U.S. citizenship:
day before the date youre eligible, the INS can dis-
You have had permanent residence (a green
qualify it and make you submit it all over again. In
card) for the required number of yearsusually
the following sections, well help you analyze the
five, but fewer for certain categories of appli-
length and status of your permanent residency.
cants (see Section A).
You have been physically present, that is, lived
1. Are You a Lawful Permanent Resident?
in the United States, for at least half your re-
quired years of permanent residenceusually Your green cardnot a work permit, visa or other
two and a half out of five years (see Section B). temporary right to live in the United Statesis what
You been continuously present in the United demonstrates that you are a permanent resident.
States, that is, have not spent long stretches of time Your green card should look similar to the one
(six months or more) overseas (see Section B). shown in Section A2, below.
You have lived in the same U.S. state or INS dis- Its not enough to possess the card; you also have
trict for three months before applying to the INS to deserve it. If you have been ordered deported
there (see Section B). or have violated the terms of your stay, you may
You are at least 18 years old at the time of filing have lost your legal right to permanent residence
the application (see Section C). even though you still carry your card. Not only
could you be ineligible for citizenship, but you risk
deportation by applying for it.
However, if your green card expired (which it As you calculate the time, dont round it off to
does every ten years)you are still a permanent calendar years. In other words, four years, 11
resident. Renew your card before applying for citi- months and 20 days does not equal five years.
zenship. Instructions for renewal are in Chapter 3. When it comes to determining the date at which you
can apply for citizenship, the INS wants you to
2. How Long Have You Been a Permanent count full 365-day years.
Resident? Example: Loc was granted permanent residence
To determine how many years youve been a per- on December 15, 1997. On January 15, 2002, he
manent resident, calculate from the date that the INS incorrectly decides that he has been a perma-
approved your permanent residenceits shown on nent resident for five years and files his citizen-
your green card, as seen in the picture below. ship application. (In actual years, he has only
been a permanent resident for four years and
Date of Residency
one month.) His application will be returned
and Loc will not be eligible for citizenship until
December 15, 2002 (although, as well see in
Section A3, below, a special provision allows
him and other applicants to file applications
three months before theyre eligible).
What if your first two years of U.S. residence are

conditional, rather than permanent? Conditional
residence is like permanent residence, but it gives
the INS a chance to reevaluate your case at the end
Old-Style Green Card (Front) of two years (when the conditional residence auto-
matically expires). Often people who marry U.S. citi-
zens must go through these two years of conditional
residence before applying for permanent residence.
Similarly, immigrants who get their green cards as
entrepreneurs (by investing at least $500,000 in a
U.S. business) must spend two years as conditional
residents before becoming permanent residents.
If you spent two years as a conditional resident,
theres good newswhen it comes to applying for
citizenship, those two years count as permanent
residence so long as you successfully became a per-
Old-Style Green Card (Back)
manent resident at the end of them. Count your
years of residence starting at the date you were ap-
proved for conditional residence. Youll find that
date on your green card.
Example: Tam invested $500,000 in NetMiser, a

U.S. company, and was approved for condi-
tional residence on April 7, 1998. The INS ap-
proved Tam for permanent residence in July,
2000. Tam is eligable for citizenship on April 7,
2003five years from the date he was approved
for conditional residence.
New-Style Green Card (Front)
Conditional residents who married U.S. citi- 2002 (five years minus 90 days from December
zensmore good news! Assuming your mar- 15, 1997).
riage to your U.S. citizen spouse hasnt broken up, you
only have to wait three years as a permanent resident
before applying for citizenship. That means you can
b. The: Five-Year Requirement
apply one year after the end of your conditional resi- Most immigrants must wait for a full five years of
dence. permanent residency before they are eligible for citi-
zenship. In other words, if you were approved for
permanent residency on December 15, 1997, you
3. How Many Years of Permanent would not be eligible for citizenship until December
Residence Are Required? 15, 2002. (Due to the 90-day period discussed in
In this section, well help you determine the earliest subsection a, above, you could file your application
possible date upon which you can turn in your citi- on September 15, 2002.)
zenship application. For most people, that will be
after five years of permanent residence, but for c. Exceptions to the Five-Year Requirement
somedepending on their circumstancesthat date You dont have to accumulate five years of perma-
may be sooner. nent residence before applying for citizenship if you
Dont count on the INS to tell youve miscalcu- are:
lated. Although the INS has recently started try- a spouse of a U.S. citizen (non-military) who
ing to advise people of errors in their application date stays married for three years (see subsection i,
soon after they submit it, some applications are bound below)
to slip through the cracks. In other words, you could a battered spouse of a U.S. citizen, even if di-
arrive at your interview only to be told to go home and vorced or separated (see subsection ii, below)
file again. For that reason, do your best to count your a refugee or political asylee (see subsection iii,
permanent residency time accurately. below)
in the U.S. military or a military widow or wid-
ower (see subsection iv, below), or
a. The 90-Day Early Application Rule a spouse of a U.S. citizen in certain overseas jobs
You can turn in your citizenship application 90 days (see subsection v, below).
before your required years of permanent residence Below, well give you the fine print on these
have passed. This 90-day period compensates for exceptions and alert you to special documentation
the fact that the INS probably wont act on your ap- youll need to provide to claim the exception. How-
plication for at least a year. (This doesnt change the ever, if you cant tell whether you fit into one of
fact that youre only eligible for citizenship after the these exceptions, or if you have additional questions
full number of years have passed, but in this rare about how these exceptions apply to your case,
instance, the INS allows you to become eligible after consult with an immigration attorney.
you submit your application, not before). i. Spouses of U.S. Citizens (Non-Military) Who
Example: Loc (from the example above) became Stay Married for Three Years
a permanent resident on December 15, 1997. He You can apply for citizenship after three years if,
carelessly counts off five years on his fingers during that time, you have been a permanent resi-
and decides that he can apply for citizenship in dent and have been married to and living with a
2002. He turns in his citizenship application in U.S. citizen. It doesnt matter whether you got your
August of 2002. His application comes back in green card through this marriage. You will, how-
the mailhe is told he applied too early and ever, need to stay married to your citizen spouse all
must reapply. If hed waited another month, he the way through your citizenship interview. This ex-
could have legally applied on September 15,
ception wont apply and you will be required to days before reaching three years of permanent
wait five years if: residence.
you divorce prior to your interview
you stop living with your spouse, or Married with documentation. If you are married
your spouse dies. to a U.S. citizen and eligible to apply after three
Also, your spouse must be a citizen during all of years, youll need to prove it. Include with your appli-
your three years of permanent residency. If, for ex- cation a copy of your marriage certificate, a copy of
ample, your spouse had a green card when you got your spouses U.S. passport, citizenship certificate or
married and became a naturalized citizen one year other proof of citizenship, certificates showing that your
later, youll have to wait three years from the date and your spouses previous marriages (if any) were le-
he or she became a citizenthat is, for a total of gally ended by death, divorce or annulment and mate-
four years. rials to show that the two of you are actually living as
One more bureaucratic hitchapplicants claiming man and wife, such as your childrens birth certificates,
this three-year exception may not be able to use the a home title or rental receipts showing both your
90-day rule (see Section A3) that allows you to file names, copies of joint credit card statements and more.
your application early. Some local INS offices insist
on your having been married for three yearsnot ii. Battered Spouses of U.S. Citizens, Even If
one day less. So, if you got married at around the Divorced or Separated
same time that you received your permanent resi-
dence, its safest not to file your application 90 days Until recently, battered spouses of U.S. citizens were
early. If you were married to a U.S. citizen for more left with a tough choice: They could stay in an abu-
than three months prior to obtaining permanent resi- sive marriage for three years so that they could obtain
dency, you can file early. U.S. citizenship, or they could leave their spouse
but have to wait longer before applying for citizen-
Example 1: Edna entered the United States on a
ship.
fianc visa, married Edric (a U.S. citizen), and
Now, permanent residents in physically or emo-
applied for permanent residence the day after
tionally abusive marriages can leave their spouse
their marriage. Two years and 275 days later
and still apply for U.S. citizenship three years after
(three years minus 90 days), she applies for citi-
obtaining their permanent residence. If you want to
zenship. Ednas local INS wont accept her ap-
use this rule, the law requires that you got your
plication, insisting that she must wait until shes
green card through your marriage to the U.S. citi-
been married to Edric for a full three years.
zenand that in getting the green card, you used
special legal provisions that allow battered spouses
Example 2: Bhagwan, a U.S. citizen, married
to file portions of the paperwork without the abu-
Brinda while she was a foreign student in the
sive spouses cooperation. See I.N.A. 319(a), 8
United States. After her studies were nearly
U.S.C. 1430(a).
over, he petitioned for her to receive U.S. resi-
Although this change in the law (I.N.A. 319(a), 8
dence. By the time her residence was granted,
U.S.C. 1430(a)) is welcome, the INS hasnt yet an-
they had already been married and living to-
nounced the application procedures. The INS will
gether for three years. Brinda can submit her
most likely want proof of the abuse, but just what is
citizenship application in another nine months
required remains to be seen. For that reason, we
90 days before her three years of permanent
cannot provide much guidance when seeking this
residence are up. Although Brindas situation
exception. (Some immigrant advocates are also hop-
seems very similar to Ednas, above, Brinda is
ing the INS will find a way to extend this law to ap-
luckyher marriage began long before she be-
plicants who are presently the victims of abuse, but
came a permanent resident. Therefore she can
who didnt get their green card through marriage to
show a full three years of marriage and apply 90
the abusive spouse.)
If youve already suffered through an abusive plies for permanent residence and his applica-
marriage to your U.S. citizen spouse for three years, tion is approved in March of 1999. Takalin can
you can apply under the rule described in Section apply for U.S. citizenship in March of 2003, four
A3, above. But, if youre not living with your U.S. years after he qualified for permanent residence.
citizen spouse now, this new section could help. Only one year of his time as an asylee is
Check Nolos website for updates on this law counted towards his permanent residence.
(www.nolo.com) or consult an attorney.
Despite rollback benefits, refugees and asylees
Proof of abuse. Since the INS will probably ask
are subject to the same requirements as other
for proof of abuse, collect or save written reports
applicants regarding how much time they must spend
by the police, your doctor, your psychiatrist or others
inside the United Statesas opposed to traveling
who know of your situation.
abroadbefore applying for citizenship (see section B,
below.)
iii. Refugees and Political Asylees
If you got your green card because of your refugee If you take advantage of the rollback rules for
or political asylum status, part of your time as a refugees or asylees, make it clear to the INS
refugee or asylee can be counted as if you were a when you apply. Mention it in your application cover
permanent resident (known as rollback). letter, and include a copy of INS or State Department
If the INS granted you refugee status while you documents proving the date you entered the United
were in another country, you can count the date States (if youre a refugee) or became a permanent resi-
you entered the United States as the beginning of dent (if youre an asylee). The INS should have these
your permanent residence. It doesnt matter how dates in its files, but the office that first handles your
many years you lived in the United States as a refu- citizenship application may not have access to those
gee as long as you eventually become a permanent files.
residentall those years will count as if you were a
permanent resident. iv. U.S. Military Personnel, Their Widows and
Widowers
Example: Seyoum comes to the United States as
a refugee in January 1998. He waits until the
People serving in the U.S. military and their families
year 2001 to apply for permanent residence, and
make a special commitment to the United States and
the INS grants it in January 2002. Seyoum can
for that reason, the immigration law provides certain
apply for citizenship in January 2003, because
exceptions for those applying for U.S. citizenship.
his four years of refugee status and one year as
People with three years of service. If you have
an actual permanent resident all count as part of
served honorably in the U.S. armed forces for three
his five years of permanent residence.
years (they dont have to be continuous) and your
The rules differ for immigrants who were granted discharge (if any) was honorable, you can apply for
political asylum after they reached the United States. citizenship without waiting beyond the date you get
The maximum rollback for asylees is one yearif your green card.
you waited longer than a year to apply for your However, if you have been discharged, you must
green card, that extra time wont be counted to- apply for citizenship no later than six months after
wards your permanent residency period. In sum- your discharge, so dont delay. If six months have
mary, you can apply for citizenship four years after already passed, you willunless you qualify for one
your approval for permanent residence. of the other exceptions in this chaptermost likely
have to prove five years of permanent residence be-
Example: Takalin arrives in the United States on
fore applying for citizenship. See I.N.A. 328, 8
a tourist visa in 1994 and applies for and re-
U.S.C. 1439.
ceives political asylum in 1995. In 1997 he ap-
Surviving spouses of U.S. citizens killed in action. Put proof in your application packet. If you
If you were married to a U.S. citizen who died while plan to claim one of these conflicts excep-
honorably serving on active duty with the U.S. tions, include an explanation in your application cover
armed forces, and if the two of you were married letter and provide proof of your military service and
and living together at the time of your spouses discharge.
death, you can apply for citizenship without wait-
ingprovided you are a permanent resident by the v. Spouses of U.S. Citizens in Certain Overseas Jobs
time you apply for citizenship. See I.N.A. 319(d), 8
U.S.C. 1430(d). If your spouse has a job requiring the two of you to
Service people during certain conflicts. If you live overseas, you may be able to apply for citizen-
served honorably and on active duty with the U.S. ship without five years of permanent residency. If
armed forces during one of the conflicts listed be- youre willing to come back to the United States to
low, and enlisted (signed up) while you were still apply, you can file your application any time after
on U.S. territory (including the Canal Zone, Ameri- you receive your permanent residence.
can Samoa, Swains Island or a non-commercial U.S. There are a number of limitations on who can use
ship), you dont even need a green card or perma- this provision:
nent residence to apply for U.S. citizenship. You You must be regularly stationed abroad because
can, if your citizenship application is approved, go of your spouses job.
straight from having no legal status to becoming a You must declare your intention to live in the
citizena rare opportunity in the immigration law United States as soon as your spouses job ends,
world. See I.N.A. 329, 8 U.S.C. 1440. The con- and
flicts that qualify include: Your spouses employer must be:
World War I the U.S. government (for example, the CIA,
World War II the military, the American Red Cross or the
the Korean hostilities Peace Corps)
the Vietnam hostilities a U.S. institution of research recognized as
the Persian Gulf War such by the Attorney General (listed at 8
the war against terrorists that began on Sep- C.F.R. 316.20(a))
tember 11, 2001, and will end on a date to be a U.S. firm or corporation (or a subsidiary)
determined by the U.S. President. engaged wholly or partly in the development
To take advantage of your right to apply immedi- of U.S. foreign trade and commerce
ately, youll need certification from the military a public international organization in which
showing when and where you served and that your the United States participates by treaty or stat-
service and discharge (if any) were honorable. If ute (listed at 8 C.F.R. 316.20(b) and (c)), or
you are currently serving in the military and at some a religious denomination with an organization
later date you are dishonorably discharged, your within the United States, for which your
citizenship can be taken away. spouse performs ministerial or priestly func-
tions or works solely as a missionary.
In addition to the conflicts listed above, the
For more information, review I.N.A. 319(b), 8
U.S. President can later add more by executive
U.S.C. 1430(b), as well as 8 C.F.R. 319.11, and
order. Check for new additions in the Legal Updates
consult with an attorney.
section of Nolos website (www.nolo.com).
If you plan to claim this overseas job excep-
tion, make sure to raise it in your application
packet. Include an explanation in your cover letter and
proof that you qualify for the exception.
B. Your Physical Location During Tallying Up Your Time In and

Permanent Residency Out of the United States
In this section we discuss three separate but over- Youll need to know exactly when you were in-
lapping citizenship requirements concerning your side and outside the United Statespreferably
physical locationthat is, where your feet were with exact dates.
planted (on U.S. soil or overseas) during the re- Unless you have a fabulous memory or havent
quired years of permanent residence leading up to taken many trips, you probably cant figure this
your citizenship application. The three requirements out without a little research. Get out your pass-
are: port, your calendar, your credit card receipts and
You spent most of your time during your re- your frequent flier records and fill in the table be-
quired years of permanent residence on U.S. low. This table is taken directly from the citizen-
soilcalled the physical presence requirement ship application, so skipping over it will only post-
(discussed in Section B1). pone the inevitable.
None of your absences from the United States If your records dont reveal the information, be
lasted longer than six monthscalled the con- creative. For example, ask your employer for your
tinuous residence requirement by the INS (but time sheets and look for the vacation dates. Try to
weve renamed it the continuous U.S. stay re- remember details of your trips that will help es-
quirement, as discussed in Section B2), and tablish the dates. For example, think about which
You lived in the same U.S. state or INS district house or apartment you were living in when you
for three months before submitting your citizen- took each trip and whether any trips were for spe-
ship application (which weve named the state cial occasions that you can attach dates to, like
stay requirement, as discussed in Section B3). your fathers 60th birthday or your brothers wed-
Well refer to these three requirements collectively ding.
as the location requirements. On the table below, enter every trip that lasted
24 hours or longer. Day tripsif you got there and
back within 24 hoursdont count. If you cant
determine the exact date, approximate, for ex-
ample giving the month and year. If you really
cant remember the dates, write down what you
can remember, such as traveled to Mexico for the
Christmas holiday every yearspent no more than
two weeks each trip. (Although some INS officers
will not accept approximations, its better to pro-
vide some information than to hide the fact that
you took trips.)
Amherst CollegeAmherst, Massachusetts
Date You Left Date You Returned Did Trip Last Six Countries to Which Total Days
the U.S. to the U.S. Months or More? You Traveled Out of the U.S.
(Month/Day/Year) (Month/Day/Year)
yes no
yes no
yes no
yes no
yes no
yes no
yes no
yes no
yes no
yes no
1. Time Requirements for Physical complete three years of permanent residence, then
Presence in the U.S. you must have spent one and a half of those years
(18 months) physically present in the United States.
In Section A3, we discussed how many years of per-
manent residence are required before applying for Example 1: Jorge was approved for his green
citizenship. But having a green card for the right card as a skilled worker. He has a five-year wait
number of years isnt enough to qualify you for citi- before hes eligible for U.S. citizenship. During
zenship. You must have spent as much time inside those five years, he takes several business trips
the United States as outside of it during those years. outside of the United States, adding up to two
This is the physical presence requirement, the pur- years total time. He is eligible for citizenship,
pose of which is for you to strengthen your ties to because he was physically present in the United
the United States. During those years, youll become States more than two and a half years.
an active participant in U.S. society, start to under-
stand its system of law and governance and make a Example 2: Graciela received her green card as
transition away from your old country. a result of her marriage to a U.S. citizen (she is
If you are required to complete five years of per- still married to him). She has a three-year wait
manent residence before applying for citizenship, before shes eligible for U.S. citizenship. She and
then you must have spent two and a half of those her husband love to travel, and have spent a
years (30 months) in the United States. (This applies total of two years outside of the United States.
to refugees and asylees, too.) If youre required to This leaves her with only one years physical
ARE YOU ELIGIBLE FOR U.S. CITIZENSHIP? 2/ 1 1
presence since getting her green cardshe has The INS could decide that you broke the conti-
a physical presence requirement of 18 months. nuity of your U.S. stay and abandoned your
Shell need to spend another six months within U.S. residence altogether. If the INS believes you
the U.S. before she can apply for citizenship. planned to make your primary home elsewhere, it can
deny your citizenship and send you to immigration
If you fall into one of the exceptional categories
court for a decision on whether you should be de-
of applicants who dont have to spend a specific
ported. It can take this action for any trips you took
number of years as a permanent resident, then you
during your years of permanent residence. For ex-
probably wont have to worry about the physical
ample, if youve been a permanent resident for 25
presence requirement. Well talk more about these
years, the INS could review a trip you took 20 years
exceptional categories in Section B4, below.
ago and determine you took that trip with the intention
The physical presence requirement is not the only
of abandoning your life in the United States. The INS
way you have to prove that you made your home in
officer at your citizenship interview has the power to
the United States. Next, well discuss the require-
decide that the border patrolwhen they let you back
ment that youve lived here continuously.
into the countrywas too easy on you. Your case may
then be handed over to a judge. If this could be an is-
2. Continuity: Living Outside the U.S. for sue for you, see a lawyer.
More Than Six Months at a Time
Taking short trips outside the United States is fine Tax breaks = continuity breaks! If you claimed
in fact, its one of your rights as a permanent resi- to be a nonresident of the United States in order
dent. However, if during the required years of per- to avoid paying U.S. income taxes, the INS will deter-
manent residence leading up to your citizenship ap- mine that you have broken your continuous U.S. stay.
plication, any of your trips lasted six months or This doesnt happen often, so we dont cover it in fur-
more, youve got an eligibility problem. ther depth here. If this is an issue in your case see a
The INS presumes that a six-month trip (or lawyer.
longer) means that you made your main home in
Though their underlying theme is the samethe
another country and that your period of U.S. perma-
INS wants you to live in the United Statesthe
nent residence is no longer continuous. Even one
physical presence and continuous U.S. stay require-
day more than six months raises the INSs concern.
ments are different. Keep in mind that you could
That doesnt mean youre ineligible for citizenship. If
meet one while failing to meet the other.
your trip was under one year in length, you may be
able to persuade the INS that its presumption was Example: During his five years as a permanent
wrong, and that you always intended to make your resident, Kelepi takes 25 vacation trips outside
home in the United States. Your chances are im- the United States. Each trip lasts 40 days. His
proved ifduring your tripyou maintained your total absence from the U.S. is 1,000 days (about
primary residence in the U.S. But a trip of more than two years and nine months). Although he has
one year breaks the continuity of your U.S. stay au- broken the physical presence rulehes only
tomatically and you are ineligible to apply for citi- permitted to spend two and one half years out-
zenship until you have completed a continuous per- side the U.S.he has not broken the continuity
manent residency period. rule, since no single trip was longer than six
Although this requirement is formally known by months.
the INS as the continuous residence requirement,
were going to call it the continuous U.S. stay re- Example: During her five years as a permanent
quirement to avoid confusing it with the require- resident, Manawune spends eight months
ment concerning the number of years youve been a abroad with her ailing mother. Manawune has
permanent resident. met the physical presence requirementhaving
spent over two and one half years in the United
Statesbut she has broken the continuity of her continued to pay U.S. taxes
U.S. stay. Unless she can persuade the INS that left close family members in the United States
she didnt intend to make her home outside the kept a home or apartment in the United States to
United States, she is ineligible for citizenship which you still had full access (that is, didnt rent
until she completes a continuous five years of out)
permanent residency. continued car registration, health insurance and
other such protections
There are exceptions to the continuity rules. Cer-
didnt take a new job overseas
tain people who are working or stationed overseas
were prevented from returning to the United
can spend longer than six months outside the
States by unexpected circumstances.
United States without hurting their eligibility for citi-
The more factors you match, the better. Youll
zenship. These are discussed in Section B4, below.
need to provide supporting documents, and weve
In summary, your options if you have broken the
created a checklist below to help you. This is not an
continuity of your U.S. stay include the following:
exhaustive list. Provide any relevant documents to
If your trip was more than six months but less
prove that the United States remained your home
than a year, provide evidence arguing that you
during your absence.
didnt mean to break the continuity of your U.S.
stay. (See subsection a, below.)
If you obviously broke your continuous U.S. stay Documents Demonstrating
or if you lived outside the United States for a an Unbroken Stay
year or more (but you didnt go so far as to
The following documents can help demonstrate
abandon your U.S. residence), wait for a certain
an unbroken stay in in the U.S.:
amount of time from the date you returned be-
copies of pay stubs showing you kept a job with
fore applying. (See subsection b, below.)
a U.S. employer
If you havent yet spent six months outside the
original IRS Form 1722 listing your tax informa-
United States, but you know that youll need to be-
tion for the past three years, or, if you cant ob-
cause of a job, you may have an additional option:
tain this, copies of your last three years U.S.
to apply for advance permission to take a long trip.
income tax returns
This is discussed in subsection c, below.
copies of rent or mortgage payments showing
you kept a home or apartment in the United
a. Proving You Didnt Break Your Continuous States
U.S. Stay evidence that your family remained in the
As long as you were not outside the United States for United States while you were away, such as
more than one year at a time, you can argue that copies of school, medical and employment
you didnt intend to break your continuous U.S. stay. records and rent or mortgage receipts
copies of your U.S. car registration, health in-
If you were gone for more than a year at a time,
surance and other contracts and receipts
theres no point in arguing with the INS or provid-
your written explanation of the purpose of your
ing the documents described in this sectiongo straight
trip and the reason it lasted so long, or
to subsection b, below, to find out how long youll have
if you were prevented from returning by un-
to wait before youll be eligible for citizenship.
usual circumstances (for example, you broke
The key facts that will convince the INS that you your hip and couldnt travel), a letter from your
didnt intend to break your continuous U.S. stay are doctor or other authority who can verify what
that you: happened.
kept a job with an employer in the United States Include these documents with your citizenship
(whether you were on leave, sent to work for an application. (We describe the application process
overseas office or otherwise) in Chapter 3.)
Put the proof in your application. If youre ex- c. Applying for Permission to Take a Long
plaining your continuity break to the INS, de- Trip
scribe what happened in your cover letter and include
With a little advance planning, you canunder
proof that you didnt break the continuity of your U.S.
some circumstancesapply for INS permission to
stay in your citizenship application packet.
stay outside the United States for a year or more
without breaking your continuous U.S. stay. You are
b. Dealing With Continuity Breaks allowed to do so if you have a job that takes you
out of the United States for long stretches of time.
Unless you were kidnapped or forcibly removed
You will, however, need to have lived in the United
from the United Statesrare exceptionsany stay
States as a permanent resident for one year before
of over one year outside the U.S. will break your
leaving (except religious workers, who can do their
continuity. If youve stayed over a year, or if the INS
one year after returning). And youll need to come
rejects your arguments regarding trips of six months
back after two and a half years or else start over
to a year, youll need to re-determine your years of
counting your years of permanent residence when
U.S. residence. If you were required to have five
you return to the United States. Upon return, you
years permanent residence, youll have to live in
will need to prove that you really spent the time do-
the United States for four continuous years and one
ing the designated job.
day after the date you returned from your trip be-
You are eligible to apply for permission if you are
fore applying for citizenship. The INS treats your
an employee of:
year away (minus one day) as if it was spent in the
the U.S. government
United Statesbut doesnt count any of the time be-
a U.S. research institution (if the institution is
fore you left the United States.
recognized by the U.S. Attorney General)
If you qualify to apply for citizenship after three
a U.S. firm or corporation (more than 50% U.S.
years, you must wait two years and one day after
owned) involved in the development of U.S.
returning from the trip that broke your continuous
trade and commerce
U.S. stay to submit your citizenship application.
a public international organization of which the
If youre applying after one of these waiting peri-
United States is a member by treaty or statute, or
ods, dont count on using the 90-day early submis-
a religious denomination or interdenominational
sion policy described in Section A3. Under these cir-
mission organization having a bona fide organi-
cumstances, most INS offices wont allow you to
zation within the United States, where you are
submit your application early.
authorized to perform ministerial or priestly
Even the fixes described in this section wont functions or serve as a missionary, brother, nun
help you if you not only broke the continuity of or sister.
your U.S. stay, but abandoned your U.S. permanent See I.N.A. 317, 8 U.S.C. 1428; 8 C.F.R. 316.5(d)(2).
residence altogether. If theres any strong basis upon You can file an application to preserve your con-
which the INS could claim that you meant to make tinuous U.S. stay after youve left the United States,
your home outside the United States, consult with an but you must turn it in before youve been away for
immigration attorney before submitting your applica- a whole year. (Religious workers again receive an
tion. For instance, if you didnt merely divide your life exceptionthey can file their application after re-
between two places, but actually sold your U.S. home turning to the United States.) Use INS Form N-470,
and car, took your children out of school and gave your Application to Preserve Residence for Naturalization
dog to a neighbor before leaving, the INS is likely to Purposes, to apply. (We do not cover this applica-
suspect that you abandoned your U.S. residence. tion process in this book.) For the form and further
instructions, see the INS website (www.ins.gov).
If youve already filed a Form N-470 application the one where their spouse or minor children live or
and received permission from the INS to stay in the one where their home address is (as shown in
away for more than a year, include this proof in your their military file). 8 C.F.R. 316.5 (b)(2).
citizenship application packet. Also include evidence College students can apply in their home state or
that you actually returned on time, such as a copy of in the state where their school is located. 8 C.F.R.
your plane ticket. 316.5 (b)(2).
Dont confuse applications to preserve your 4. Exceptions to the Location

continuous U.S. stay for citizenship purposes Requirements
(Form N-470), with the Application for Advance Per-
If youre stationed or working overseas, meeting the
mission to Return to Unrelinquished Domicile (Form
various location requirementsphysical presence,
I-191). The latter application allows permanent resi-
continuity and state locationcan be difficult. The
dents to obtain permission to reenter the United States
government understands the difficulty and has made
after a long trip. Such permission does nothing to main-
special exceptions for:
tain your continuous U.S. stay for citizenship pur-
U.S. military personnel (see subsection a, below)
posesit merely protects you from being refused reen-
widows and widowers of U.S. military personnel
try at the U.S. border.
(see subsection b, below)
employees of the U.S. government and certain
3. State Stay: Three Months of Residence religious and other organizations (see subsection
in the State or District Where You Will c, below)
spouses of U.S. citizens in certain occupations
Apply
(see subsection d, below)
You must live in the same U.S. state or INS district employees of certain U.S. nonprofits (see sub-
for three months before submitting your citizenship section e, below), and
application to the INS therewell call this the state service people on nonmilitary U.S. ships (see
stay requirement. In other words, if you live in subsection f, below).
Maine but move to Arkansas, youll have to wait for
three months before sending your citizenship appli- We briefly discuss each of the location excep-
cation to the Arkansas INS. A few people who move tions in this chapter. If you need more detailed
to another state wont have to worry, because theyll information consult with an attorney who is expert in
remain in the same INS district. But this occurs only immigration matters.
in smaller states, where the INS serves several states
with just one district office. If, for example, you
a. U.S. Military Personnel
move from Maine to Vermont, you will remain in
the same INS district and wont have to worry about If youve served honorably with the U.S. military for
the three-month requirement. a total of three years and youre either still serving
If you have already submitted your citizenship or ended your service no more than six months ago,
application and then move to a different state or dis- you can apply for citizenship without worrying
trict, your case can no longer be considered by the about location requirements. If its been more than
INS in the state or district you left behind. Your file six months since you left the military, youll have to
must be transferred (which can delay it by many follow the rules for ordinary permanent residents
months, as well discuss in Chapter 4). Make sure except that the INS will count your overseas service
youre comfortably situated somewhere before send- as residence within the United States for purposes of
ing in your citizenship application. the location requirements.
Military personnel can submit their citizenship ap-
plication in the state in which theyre stationed, in
If you want to claim this military service excep- a public international organization of which the
tion, include a certified statement from the ap- United States is a member by treaty or statute, or
propriate military authorities showing that each period a religious or missionary organization for which
of your service during the required three years was you work as a priest, missionary, brother, nun or
honorable and that youve never had a dishonorable sister.
dischargenot even outside the three years. Youll See I.N.A. 316(b)(1), 8 U.S.C. 1427(b)(1).
also have to show that you made your primary home in To apply for advance permission to spend more
the United States during any breaks in your military ser- than six months outside the United States without
vice. Use the types of evidence described in Section breaking the continuity of your residence, youll
B2, above. need to fill out INS Form N-470. Regardless of this
exception, you will still need to meet the physical
presence and state stay requirements for citizenship.
b. Widows and Widowers of U.S. Citizens in
the Military d. Spouses of U.S. Citizens in Certain
If your U.S. citizen spouse was killed during honor- Overseas Occupations
able service on active duty with the U.S. armed
If your spouse is a U.S. citizen whose job requires
forces and you and your spouse were married at the
that the two of you regularly live overseas, you may
time of death, you can apply for U.S. citizenship
be able to avoid the location requirements. See
without worrying about location requirements. See 8
I.N.A. 319(b), 8 U.S.C. 1430(b). Specifically, your
U.S.C. 1430(d), I.N.A. 319(d). (And as you al-
spouse must be:
ready know from Section A3, you dont need to
employed by the U.S. government
worry about how long youve been a permanent
employed by a U.S. research institution recog-
resident, either.) You can submit your citizenship
nized as such by the Attorney General
application as soon as you have a green card.
employed by a U.S. firm or corporation (or its
To claim the widow/widower exception, obtain subsidiary) that is engaged wholly or partly in
a statement from the military authorities stating the development of U.S. foreign trade and com-
that your spouses service was honorable and that he merce
or she was killed during the course of this service. In- employed by a public international organization
clude this and a copy of your marriage certificate with in which the United States participates by treaty
your citizenship application. or statute, or
serving as a priest, minister or missionary on be-
half of a religious denomination or interdenomi-
c. Employees of the U.S. Government, national mission that is organized within the
Research, Religious and Other United States.
Organizations If any of these employment descriptions apply,
You may, through an application process, avoid the you dont have to worry about the physical pres-
continuous U.S. stay requirement if you work for: ence, continuous U.S. stay or state stay require-
the U.S. government ments. Youll have to come to the United States to
a U.S. research institution (if the institution is claim your citizenship and must declare your inten-
recognized by the U.S. Attorney General; see the tion to take up residence within the United States as
list at 8 C.F.R. 316.20) soon as your spouses employment is over.
a U.S. firm or corporation (more than 50% U.S. Youll need to seek personalized advice from an
owned) involved in the development of U.S. experienced immigration attorney to take ad-
trade and commerce vantage of this overseas employment exception.
e. Employees of Nonprofits That Promote Youll need to seek personalized advice from an
U.S. Interests experienced immigration attorney to take ad-
vantage of this U.S. ship exception.
If you work for a nonprofit that requires you to live
overseas, and youve worked for that nonprofit for
at least five years after becoming a permanent resi-
dent, you may be able to avoid the location require- C. The Age Requirement
ments. See I.N.A. 319(c), 8 U.S.C. 1430(c). You To use the naturalization process described in this
must work for a nonprofit that is: book, you must be at least 18 years old at the time
a bona fide U.S. incorporated nonprofit you apply. If youre younger than 18, theres an alter-
involved in communications media nate route to U.S. citizenship. If one of your parents
primarily involved in disseminating information is or becomes a citizen, you may qualify for citizen-
which significantly promotes U.S. interests ship through your parent. For details, see Chapter 11.
abroad, and You can also refer to U.S. Citizenship by Birth or
recognized as meeting the above criteria by the Through Parents, in Nolos online Legal Encyclope-
Attorney General. dia (www.nolo.com). To find this article, click Immi-
If this section applies to you, you dont have to gration and Green Cards on the left side of the Nolo
worry about any of the location requirements home page. Then look under U.S. Citizenship.
physical presence, continuous U.S. stay or state stay.
You must come to the United States to claim your
citizenship and you must declare your intention to D. Demonstrating Good Moral
take up residence within the United States as soon Character
as your employment is over.
To qualify for citizenship, you must demonstrate
Youll need to seek personalized advice from an good moral character during your permanent resi-
experienced immigration attorney to take ad- dency, with a particular focus on the last five years
vantage of this nonprofit exception. (or fewer, if you fall into one of the exceptional cat-
egories that can apply earlier). The longer youve
shown good moral character, the stronger your case.
f. Workers on Non-Military U.S. Ships What is good moral character? According to the
If you were living outside the U.S. while working on INS its the moral standard of an average member of
a non-military U.S. ship, your time on board wont be the U.S. community.
subtracted from the time you were physically present As a general rule, the INS doesnt ask for proof
in the United States and wont break the continuity of that youre good; it looks for evidence youve been
your U.S. stay. You will still, however, have to re- bad. So, if youve gone about your everyday busi-
main in one U.S. state or INS district for three months ness, paid taxes and child support and avoided
before submitting your citizenship application. trouble with the law (either in the United States or
A qualifying non-military ship is one thats: abroad), you should have no problem establishing
operated by the U.S. government, or your good moral character.
registered under U.S. law to a U.S. citizen or cor- However, if you have some minor negative be-
poration and has its homeport in the United havior to account forfor example, a series of traf-
States. fic tickets or a past drinking problemyou will
Time spent working on a foreign vessel doesnt need to balance out your bad acts by providing spe-
count toward your U.S. physical residence require- cific evidence of the good things youve done (as
ments. To take advantage of this section, you must discussed in Section D16). Keep in mind that the
also have demonstrated good conduct and honorable INS determination of your moral character is a sub-
service on the ship. See I.N.A. 330, 8 U.S.C. 1441. jective, unscientific analysis in which the interview-
ing officer weighs your good and bad actions and
decides which represent the real you.
If youve committed more serious transgres- You may have a criminal record and not know it.
sionsfor example, murder or another serious You may have been arrested for something mi-
crimeyou may not be able to outweigh them with nor and signed a paper saying youre guilty, then never
your good deeds. Immigration laws detail a variety gone to jail. Or you may have received diversion,
of actions that can destroy your good character. Cer- with no guilty plea, or perhaps your case was ex-
tain actions will permanently prevent you from be- punged, that is, erased from your record years later.
coming a U.S. citizen; others will delay your citizen- Keep in mind that these crimes still count against you
ship, at least until you take some other corrective for immigration purposes (with rare exceptions). Worse
action. If the law requires, the INS officer may be yet, if you state on your citizenship application that
forced to deny your citizenship, no matter how sym- your record is clean, you may run into serious prob-
pathetic your case. lems if the INS later accuses you of lying. If in doubt,
If you have a criminal conviction, see an attorney consult with an immigration attorney and ask to run a
before applying for citizenship. If the INS discovers criminal check on your fingerprints.
your criminal convictions, it may not only deny you
The checklist below summarizes the most com-
citizenship but the agency may send you to immi-
mon waysbut not all the waysin which moral
gration court for deportation proceedings. (Note:
character can be undermined. Check any boxes for
The INS usually wont hold juvenile convictions
which you answer yes and then review the appro-
when you were younger than 18against you. Still,
priate sections.
its wise to see a lawyer for a full analysis.)
Good Moral Character Checklist

Have you committed any crimes? See Section D1
If you have committed a crime, have you since completed all
probation, parole or similar obligations? See Section D2
Have you helped or encouraged anyone to enter the United States illegally? See Section D3
Have you lied to obtain immigration benefits? See Section D4
Have you pretended to be a U.S. citizen or voted illegally? See Section D5
Have you received government assistance (such as welfare) through See Section D6
fraud or within five years of any U.S. entry?
Have you paid all court-ordered child support? See Section D7
Have you paid all your income taxes? See Section D8
Have you had drinking problems or been arrested for drunk driving? See Section D9
Have you been a drug addict or abused drugs? See Section D10
Do you believe in being married to more than one person at once? See Section D11
If youre male, did you register for the U.S. Selective Service on time? See Section D12
Have you deserted the U.S. military or evaded the draft or service by See Section D13
claiming to be a non-resident?
Have you advocated Communist or totalitarian systems or attempted to See Section D14
overthrow the U.S. goverment?
Have you done anything else that society disapproves of, such as committing See Section D15
a minor crime or adultery?
Recent Years of Good Moral Character a. Crimes That Permanently Bar You From
May Not Be Enough Citizenship
If youve ever been convicted of one of the follow-
Although your task is to prove your moral charac-
ing, you are permanently denied U.S. citizenship:
ter has been good for the required (usually five)
murder
years of permanent residence leading up to your
an aggravated felony (if the conviction was after
citizenship application, (I.N.A. 316(a)(3), 8
November 29, 1990).
U.S.C. 1427(a)(3)), the INS is allowed to con-
These bars are automaticthat is, the INS officer
sider your actions before this time period began.
reviewing your citizenship application will have no
This is especially true if your earlier actions shed
choice but to deny your citizenship. In addition,
light on the type of person you are today (I.N.A.
youll probably be placed in deportation proceedings.
316(a)(3), 8 U.S.C. 1427(a)(3)). For example, if
The INSs definition of aggravated felonies in-
the INS officer suspects that you make a lifestyle
cludes more than rape, sexual abuse of a minor,
out of drinking and brawling, then a disorderly
drug trafficking, firearm trafficking, racketeering, run-
conduct conviction from six years earlier could
ning a prostitution business, child pornography and
weigh into the final decision. On top of this, there
fraud of $10,000 or more. It also includes crimes that
are certain actions that no amount of time will
local and state courts sometimes classify as misde-
curefor example, the INS will never allow a
meanors. For example, any crime of violence, theft
convicted murderer to become a citizen. There-
or burglary that resulted in a prison term of one year
fore, if you have any criminal or moral issues that
or more will be considered an aggravated felony.
arose prior to the last five years of your permanent
residency (or fewer years if youre using an excep- Example: An immigrant who stole a car stereo
tion to apply early), consult an attorney to deter- was sentenced to six years in prison. The fed-
mine the effect on your citizenship application. eral Circuit Court decided that this was an ag-
gravated felonya crime of violence, the court
said, because the immigrant had pried the car
door open first. See U.S. v. Alvarez-Martinez,
1. You Have a Criminal Record 286 F.3d 470 2002 WL 538939 (7th Cir. 2002); 8
U.S.C. 16.
If you have ever been prosecuted for criminal activ-
ity, youll need to see an immigration attorney for a Even driving while under the influence of alcohol
full check of your record and what it means in im- is sometimes considered a crime of violence by the
migration law terms. Dont try to interpret whats a INS, particularly if it involves reckless or intentional
serious crime and what isnt. behavior.
To give you an idea of what your attorney will Helping to smuggle an alien into the United
need to analyze, we provide a brief overview of the States is also considered an aggravated felonyun-
most serious crimes that will permanently bar you less it was a first offense to help your spouse, child
from citizenship (subsection a, below) and of the or parent. Note this exception doesnt cover smug-
various other crimes that will block or delay your gling grandparents, brothers and sisters, aunts,
qualifying for citizenship (subsection b, below). uncles, cousins, fiancs and friends.
There are many tragic stories of immigrants inno-
Crimes committed overseas count, too. See a
cently or negligently led into criminal acts that are
lawyer about any criminal prosecution in your
later classified as aggravated feloniesfor example,
pasteven if it occurred overseas. Note, the INS will
someone who befriends a drug dealer, buys a fake
not deny citizenship to refugees and political asylees
green card or has sex with an underage girlfriend.
who were victims of inappropriate government pros-
Because this area is so complex, see a lawyer if you
ecutionbut talk to a lawyer anyway, just to be safe.
believe your criminal record will affect your citizen-
ship quest.
b. Crimes That Temporarily Bar You From jured, whether or not you cooperated with the po-
Citizenship lice and the courts and whether you were drinking
or carrying an illegal weapon. As with all crimes,
Some crimes make you only temporarily ineligible
you should see an attorney to evaluate the situation.
for citizenship. See I.N.A. 101(f), 8 U.S.C. 1101(f).
If, after the date you committed the crime, you wait
out the same number of years that you must have to
2. You Havent Completed Probation,
meet your permanent residence requirement, you Parole or Similar Obligations
may be able to receive U.S. citizenship. We say If, after being convicted of a crime, you are placed
may because the INS can still consider your past on probation or parole, you must successfully com-
actions in reviewing your applicationand choose plete it before applying for citizenship. 8 C.F.R.
to deny your application. But at least youll have a 316.10(c)(1). Your citizenship application will not
chance to prove that the good side of your character be approved while you are on probation or pa-
outweighs your past bad acts. roleno matter how minor the crime. The INS will
Here is a summary list of the crimes that make either postpone a decision on your application until
you temporarily ineligible for citizenship: your probation or parole is completed or ask you to
You operated a commercial vice enterprisefor reapply later.
example, you were a prostitute, ran a call-girl
ring or sold pornography. 3. You Helped Someone Enter the U.S.
You participated in illegal vice activitiesfor ex- Illegally
ample, you hired a prostitute.
If the INS finds out that you helped someone enter
You have been convicted of or admitted to a
the United States illegally(often called alien
crime involving moral turpitude, such as fraud.
smuggling), your application for citizenship will be
You spent 180 days or more in jail or prison for
deniedand if you smuggled the alien within five
any crime.
years of your last entry into the United States you
You committed any crime related to illegal drugs
can be deported.
other than a single offense involving 30 grams or
Alien smuggling doesnt just refer to what profes-
less of marijuana.
sional lawbreakers, sometimes called coyotes, do
You have been convicted of two or more crimes,
in escorting someone across the U.S. border for a
the combination of which got you a total prison
fee. It can also refer to someone who gives friendly
sentence of five years or more, or
assistance or encouragement to anotherfor ex-
You get most of your income from illegal gam-
ample, by pretending a cousin is part of the family
bling or have been convicted of two or more
on a car trip back from Mexico or by lending a
gambling crimes.
green card to ones twin sister. Even if the friend or
If anything on your record remotely resembles an
relative fails in the attempt to enter the United
entry on the list above, see a lawyer. The lawyer
States, the people who tried to help will have a
can determine whether theres a problem and con-
problem obtaining citizenship.
firm how many years you should wait after the con-
If you werent convicted, how might the INS find
viction date before you apply.
out that you helped someone enter the United States
illegally? Apart from the fact that youll be asked
c. Other Crimes
about this on the application form, the INS may pick
If youve committed a crime that is not on any of up other clues during your interviewfor example,
the lists in the previous sections you are not auto- the INS officer may inquire about the immigration
matically barred from citizenship. But the INS can status of friends or family members.
still use its discretion to claim that your crimes dem- Not all INS interviewers are nosy. In fact, INS in-
onstrate your lack of good moral character. The INS terviewers often see cases where undocumented
considers such factors as whether anyone was in- family members live in the same house as the appli-
cant, and they let the issue pass. Also, the INS has If you registered to vote or voted illegally and
not shown any pattern of arresting family members didnt realize at the time that you werent allowed to
whose undocumented status is revealed on citizen- vote, get a lawyers help. If youre lucky, your state
ship applications (though in light of recent terrorist may punish only those people who knew they were
activities and the U.S. response, this could change). voting illegally, rather than punishing those who
Again, as with all issues of moral character, see an voted through a misunderstanding of their rights.
immigration lawyer if in doubt. That will help with your citizenship application.
Also, the INS is developing new policy on this issue,
4. You Lied to Obtain Immigration and may in the the future be easier on people who
Benefits simply registered to vote without actually voting.
If you lied to obtain an immigration benefit you will

6. You Obtained Government Assistance
not be granted U.S. citizenship. For example, if you
pretended to have a job offer in order to show the Through Fraud or Within Five Years of
I.N.S. that you wouldnt go on welfare or pretended Any U.S. Entry
to qualify for amnesty as a farm laborer when you If you ever lied in order to get or keep welfare or
really worked in a bank, these false statementsif disability benefitsfor example, by pretending that
discoveredcould ruin your chances for citizenship. a boyfriend or girlfriend was not supporting you or
Because the INS takes lying so seriously, its bet- by hiding a job or other source of incomeyou can
ter to be truthful about something youre ashamed run into problems. There are two ways in which
about than to lie about it. Not all past lies will bar your fraudulent receipt of government benefits can
you from citizenship. After youve finished your re- hurt your citizenship application:
quired period of permanent residency, you may be it can destroy your showing of good moral char-
able to overcome the problem with evidence of acter, and
your recent good moral character. A lawyer can help you can be deported if it occurs within five years
and may also prevent you from losing your green of your U.S. entry.
card. If a small-scale fraud was committedfor ex-
ample, you took a trip while on welfare but didnt
5. You Pretended to Be a U.S. Citizen or realize your benefits program prohibited traveling
Voted Illegally you can sometimes clear your name for citizenship
purposes by arranging to pay back amounts you
If youve told any government agency that youre a
shouldnt have received. If you wait until your citi-
U.S. citizen, or if you have registered to vote or
zenship application to deal with this, the INS officer
voted illegally in a federal, state or local U.S. elec-
will probably refuse to approve your application un-
tion, you are barred from U.S. citizenship. You can
til youve paid back the money and obtained a letter
also be deported. See I.N.A. 237(a)(3)(D), (a)(6); 8
of proof that you can send to the INS.
U.S.C. 1227(a)(3)(D), (a)(6). This rule wont affect
Under a little-noticed provision of the immigra-
you if you told an employer or other private party
tion laws, becoming a public chargethat is, re-
that you were a citizen (although such lies could
ceiving need-based government assistancewithin
affect a determination as to your moral character or
five years of entering the United States can make
lead to criminal proceedings).
you deportable and therefore ineligible for citizen-
Beware of state Motor Voter registration. ship. I.N.A. 237(a)(5), 8 U.S.C. 1227(a)(5). In
Think back to when you got your drivers li- other words, you can be a green card holder for 20
censemany states offer you a voter registration form years, leave the United States for a short vacation,
at the same time, without checking to see whether then be at risk of deportation if you receive any
youre actually eligible to vote. If you filled out the government assistance during the next five years.
voter registration form, you may have disqualified your-
self from U.S. citizenship.
Example 1: Jurgen has been a permanent resi- immigration lawsits a case of the IRS and INS work-
dent since 1995. He worked repairing VCRs until ing together to make sure youve paid your taxes.
2002, when many consumers began buying new
VCRs rather than repairing the broken ones and 9. You Had a Drinking Problem
so he ran out of customers. Jurgen has three
Your citizenship can be denied if youve been con-
children. In early 2003 he took a trip to see his
victed of driving while under the influence of alco-
parents in Scandinavia. He hoped they would
hol or drugs (commonly referred to as a DUI or
help him out with some money, but they re-
DWI) or if you are or have been a habitual
fused. Soon after Jurgens return he signed up
drunkard.
for food stamps and other assistance. This
DUI is a crime, and the advice that we gave about
makes Jurgen deportablehe should see an at-
crimes in Section D1, above, applies here too: Get a
torney before applying for citizenship.
lawyer. The ordinary DUI case does not automatically
Many citizenship manuals dont mention this bar someone from establishing good moral character,
perhaps because the INS rarely seems to invoke this but since the INS takes a very dim view of DUIs, you
part of the law. Also, many people can take advan- have to present strong evidence that youve reformed
tage of an exception built into the law, stating that if and have many positive character traits in order to
the cause of needing the welfare arose after your convince the INS that you deserve citizenship.
last entry, youre safe from deportation. On top of this, a few additional circumstances can
turn an ordinary DUI case into something far more
7. You Havent Paid Court-Ordered Child serious. For example, in some parts of the United
Support States, the INS considers DUIs to be crimes of vio-
lence, if committed recklessly or intentionally. In
If you have refused to pay court-ordered child sup- these situations, a DUI may escalate to an aggravated
port, you are barred from receiving U.S. citizenship felony and become a permanent bar to citizenship.
and should consult with a lawyer before applying. Its not a crime to be a habitual drunkard, but if
The lawyer may be able to show that you didnt re- the INS decides that youve made a lifestyle of
ally refuse to pay child support, but simply couldnt heavy drinkingfor example based on arrests for
pay for reasons beyond your control. disorderly conduct or domestic violence or by ask-
A second possibility is for the lawyer to help you ing for a doctors reportyou will have to demon-
prove to the INS that the good side of your character strate that youve gotten over your drinking problem
outweighs the bad. In that case, however, youll have in order to qualify for citizenship.
to wait for the same amount of time that you are re- If youve had drinking problems but have gotten
quired to have been a permanent resident before ap- over them, wait from the date of your last drink un-
plying for citizenship (five years for most people), til the number of years youre required to have held
and the clock wont start ticking until the date of permanent residence have passed to apply for citi-
your last failure to send a child support check. zenship. Also, be prepared to show the INS that you
took steps to address the problem, such as consult-
8. You Havent Paid Income Taxes ing with a doctor or successfully completing a treat-
Unless you qualify under an exemption, you are re- ment program.
quired to pay U.S. income taxes. If you havent paid
them during any one of the required years of perma- 10. You Abused Drugs
nent residence leading up to your citizenship applica- If you have abused or been addicted to illegal drugs
tion, see a tax accountant or attorney before going any at any time since coming to the United States, you
farther. Youll need to pay any back taxes and clear are barred from U.S. citizenship and could be de-
your record with the Internal Revenue Service before ported. You do not have to have been arrested or
the INS will grant your citizenship. This is not in the convicted to fall into this category. In the eyes of the
INS, trying an illegal drug more than once is abuse.
This hasnt been named as a permanent bar to citi- military. If you havent registered, and youre
zenship, but its temporary nature wont help you younger than 26, see subsection a, below. If youre
much if youre placed in deportation proceedings older than age 26, see subsection b, below.
so see a lawyer if you have a history of drug use or
if you are addicted to drugs. a. Youre Younger Than 26
Of course, if youve been arrested for a drug
If you didnt register for the Selective Service, and
crime, youve got a separate problem and should
youre not yet age 26, its not too latepick up the
already be looking for a lawyer.
registration form at a U.S. Post Office, fill it out and
submit it.
11. You Believe in Polygamy
In certain cultures and religions, polygamythe b. Youre Older Than 26
practice of taking multiple husbands or wivesis
If youve passed age 26, its too late for you to regis-
considered acceptable and normal. However, it is
ter for the Selective Service. Your chances of quali-
illegal in every U.S. state and if you have committed
fying for U.S. citizenship depend on how many
or believe in polygamy you are barred from receiv-
years have passed and how strict your local INS of-
ing U.S. citizenship.
fice isthey vary from sympathetic to unyielding.
Even if you have only one spouse now, the INS
Nevertheless, many young men are able to show the
will deny citizenship if it believes you intend to en-
INS that they had no idea that registering was ex-
ter into additional marriages later. In other words,
pected of them, using a combination of:
what you believe is as important as what you do.
a Status Information Letter from the Selective
On the other hand, if you accidentally married a
Service System (subsection i),
second personfor example, you incorrectly be-
your sworn declaration (subsection ii), and
lieved that your divorce was final when you remar-
where appropriate, sworn declarations from
riedyou are not barred under this rule. See an at-
people who knew you (also discussed in subsec-
torney if you think the INS might doubt your inten-
tion ii).
tions, particularly if you come from a religion or cul-
ture in which polygamy is an accepted practice. i. Obtaining a Status Information Letter
A Status Information Letter from the Selective Ser-

12. You Fail to Register With the Selective
vice doesnt really help your case muchit simply
Service states that you are over age and therefore no longer
If youre a man who got your green card at any time required to registerbut the INS wont look at the
between the ages of 18 and 26, you were expected rest of your materials without this letter.
to register with the U.S. Selective Service System. In order to request the Status Information Letter,
The Selective Service collects the names of young youll need to visit the Selective Service System
men who are available to be called up in a military website (www.sss.gov). Click Registration Info
draft. This doesnt mean that you have to have actu- then click Men Over the Age of Eligibility to Regis-
ally joined the military. However, like all men who ter and look for the link to the Request for Status
already are U.S. citizens, you are expected to be Information Letter. You can also get the request
ready to join if a large-scale war or similar emer- form by calling 847-688-6888. (If you were born be-
gency arises. fore March 29, 1957, the number you must call is
If you knew about the requirement and refused 703-605-4047.) After you receive the Status Informa-
to register, the INS can deny your citizenship. But if tion Letter, send the original to the INS with your
you didnt know about this requirement, youre not citizenship application and keep a copy for your
alone. In fact, the average American is surprised to records.
find out that non-citizens are on call to serve in our
ii. Using Sworn Declarations to Explain Your

Sample Sworn Statement
Failure to Register
Next, write a sworn statement explaining your fail- I, Jean-Paul Mercredi, hereby say and declare as
ure to register. Youll find an example below. (Dont follows:
just copy the sampleinsert facts that apply to your 1. I am a French citizen and lawful permanent
own life.) resident of the United States, residing at 432 Lake
Your sworn statement should offer reasons why Place, Detroit, MI, 12345.
you failed to learn about registration. If you at- 2. I was born on March 4, 1971. I was ap-
tended high school in the United Statesmost U.S. proved for permanent residence on April 10,
high schools tell students about this requirement 1995, when I was 24 years old.
explain why the information didnt prompt your reg- 3. I didnt register for Selective Service because
istration. For example, you might have heard about I didnt know I was expected to. When I was ap-
the requirement but assumed it only applied to U.S. proved for permanent residence, neither the INS
citizens. If possible, get letters from other people nor my lawyer said anything about my obligation
who knew you, such as a high school teacher, back- to registeror if they did, I didnt understand it,
ing up your account of events. because my English was rather weak then. Nor did
I learn about the requirement independently.
4. I became a resident through marriage to a
U.S. citizen. My wife did not know about the Se-
lective Service requirementshe doesnt have any
brothers, so registering for the draft is not some-
thing she has had to think about. Nor was Selec-
tive Service registration a topic of discussion
among any of our friends. I have a few friends
who have green cards, but they didnt say any-
thing to me about this requirementmany of
them are women or older than age 26, so they
probably didnt know or remember.
5. Even when I first read about the Selective
Service requirement in preparing my application
for U.S. citizenship, I was surprised, thinking that
someone would have contacted me if I was re-
quired to register. I was certainly never contacted
by the U.S. military authorities or by anyone else.
6. I had no intention of avoiding my obliga-
tions, I was simply completely unaware that I was
supposed to register for the Selective Service.
I swear, under penalty of perjury, that the con-
tents of the foregoing statement are true and cor-
rect to the best of my knowledge.
Date: March 12, 2003
Signed: Jean-Paul Mercredi

Space NeedleSeattle, Washington
Youll have trouble claiming ignorance of the any crimes based on your beliefs, separate bars may
registration requirement if If you got your apply. See I.N.A. 313, 8 U.S.C. 1424.)
green card through the amnesty program in the 1980s, There are exceptionsfor example, you were too
or if you got your green card more recently, during or young to understand, your involvement was against
after the year 2001, youll have a harder time claiming your will or without your understanding of the
ignorance of Selective Service registration. In both groups true aimsbut in general, youre facing an
cases, participants were alerted as to the registration uphill battle if the INS suspects you of support for,
obligation or were registered automatically. or involvement in, such a group.
If you know you may be suspected of such in-
When explaining your failure to register, involvement, get the help of an immigration attorney
clude your sworn statement and any additional before you apply for citizenship.
letters with your citizenship application. Prepare these
documents no matter how old you are noweven 15. Youve Done Something That Society
though the INS is far more likely to deny your citizen- Frowns Upon
ship if five years or less has passed since your failure to
If youve done something that an INS officer might
register.
consider bad, even if its not listed in the law and
mentioned in this book, you can still be denied citi-
13. You Deserted or Avoided the U.S. zenship. This vague standard is not commonly used
Military During Wartime to deny citizenship and INS officers rarely ask pry-
ing personal questions.
If, during wartime, you deserted from the U.S. mili-
In general, living with someone outside of mar-
tary, left the United States in order to evade the draft
riage, having a child out of wedlock or with a per-
or asked to be exempted from service based on be-
son other than your spouse or engaging in homo-
ing a non-citizen, you are permanently ineligible for
sexual relationships are not a basis for denying citi-
U.S. citizenship. See I.N.A. 314, 315; 8 U.S.C.
zenship. So dont be fearful about your personal life
1425, 1426. If you believe you might fit into this cat-
just because conservative members of society might
egory, see an immigration lawyer before going any
frown on your actions. But keep in mind that when
farther with your application.
your personal behavior harms othersfor example
incest, prostitution or having sex with minorsthe
14. Youve Been a Communist, a INS is more likely to find bad moral character.
Totalitarian or Opposed the U.S. For example, one INS officer barred an applicant
Government from citizenship for having an extramarital affair that
If, during the ten years before you apply for citizen- destroyed an existing marriage. Another officer
ship, you were involved in or advocated certain po- barred an applicant who sold liquor illegally in a
litical activities, you are automatically (though not restaurant.
permanently) barred from receiving U.S. citizenship. In summary, you should primarily be concerned
More specifically, if youve shown support for activi- about anti-social behavior if an INS officer believes
ties involving anarchism (you oppose rule by gov- that your actions will harm others.
ernment or law), world communism, totalitarianism,
the overthrow of the U.S. government or violence 16. Showing Your Good Side
against the officers or property of the U.S. govern- As your grandmother may have told you, everyone
ment, whether in the United States or abroad, you has some goodness inside of them. The INS recog-
face a serious problem getting citizenship. (After ten nizes this, too. So, if youve done anything that you
years have passed from your date of involvement, think an INS officer might take as a bad sign (and
this bar no longer appliesthough if you committed youve made sure the issue doesnt require a
lawyers help), get ready to show all your good

deeds. Your goal is to show so many positive parts
Sample Good Moral Character Letter
of your character that they outweigh the negative.
Here are some ideas to get you started: Bayshore Elementary P.T.A.
regular attendance at a church, temple or 222 Bayshore Drive
mosque Coasttown, CA 12345
volunteer work November 9, 2003
caring for an ill or elderly friend or relative
assisting with events at your childs school or To Whom It May Concern:
with organized after-school activities I am the President of the Bayshore Elementary
winning community awards. P.T.A. It is my pleasure to write this letter in
Gather written materials to prove your activities support of Marta Riveras application for U.S.
for example, a copy of your award certificate or a citizenship.
newspaper article discussing your achievements.
Ask friends and community contacts to help. Once I have known Marta for four years. Our children
they hear that youre applying for U.S. citizenship, both attend Bayshore Elementary. Marta has regu-
youll probably be surprised at their willingness to larly attended P.T.A. meetings and enthusiastically
help. Show them a sample of the type of document participated in some special projects.
you need (we provide one below) and ask them to For the past two years, Marta has helped organize
make their letter personal to you, including your the holiday play, including helping supervise re-
name, the dates you worked, volunteered or at- hearsals and designing costumes. Everyone was
tended services with the person and anything else amazed by her fir tree and elf costumes. She has
that you want the INS to hear about. also regularly baked cookies for our fundraising
bake sales.
We particularly appreciate Martas contributions

since she, like many parents, works during the
day. She obviously cares about her children a
great deal. I never fail to see her at parent-teacher
conference nights. Her children are lovely, always
well dressed and well behaved.
Very truly yours,
Pat Pennyroyal
Pat Pennyroyal
P.T.A. President
Cooper UnionNew York, New York

Once youve gathered these written materials, 2. Waiving the English Requirement for
you should include copies of them with your Disability
citizenship application packet.
If you have a physical or mental disability that pre-
vents you from learning Englishfor example, an
ailment that requires regular medication making you
E. English Language Skills severely drowsy, a developmental disability or deaf-
To qualify for citizenship, you must have an under- nessyou may qualify for a waiver of the English
standing of the English language, including an ability requirement. In such a case, you would be allowed
to read, write and speak words in ordinary usage to have the citizenship interview done in your native
. I.N.A. 312(a)(1), 8 U.S.C. 1423 (a)(1). Youll language.
need to demonstrate your English skills at your citi- You cant just request this waiver; your doctor
zenship interview. To more fully address this topic, must fill out a form explaining your disability and
and to help you prepare for the exam, weve devoted why it prevents you from learning English. We cover
a separate chapter to itsee Chapter 5. The INS rec- the precise procedures for requesting this waiver in
ognizes that age and physical disabilities can affect Chapter 7.
your ability to learn English and permits various
waivers of the English requirement, discussed below. Special Exam Waivers
for Laotian Refugees
1. Waiving the English Requirement for
For a limited time, certain refugees from Laos will
Advanced Age
be able to request that their naturalization inter-
Two separate rules allow older people to avoid the view be conducted in their native language and
English requirement. If youre older than age 50 and that they be permitted to take an easier form of
have lived in the United States as a green card the U.S. history and government exam (the same
holder for at least 20 years, you can have the entire one offered to 65-year-old applicants, as de-
citizenship interview conducted in your native lan- scribed in Section E1, above).
guage. (This is commonly known as the 50/20 This law applies to Laotian refugees who
waiver.) Your 20 years of residence do not need to fought in Laotian-based military units in support
have been continuousif youve been away for of the U.S. from 1961 to 1978. It also applies to
short periods (less than six months at a time, to be their spousesprovided they were married when
safe), thats okay, so long as your total time living in refugee status was soughtand to their widows
the United States reaches 20 years. if the qualifying veteran died in Laos, Thailand or
The second ruleknown as 55/15 waiverap- Vietnam.
plies as follows. If youre older than age 55 and You will need to provide supporting documen-
have lived in the United States as a green card tation and will have until May 26, 2003 (or No-
holder for at least 15 years, you can have the citi- vember 1, 2003, if youre the widow of a veteran),
zenship interview and exam conducted in your na- to submit your application for citizenship in order
tive language. Your 15 years do not need to have to take advantage of this law. For details, go to
been continuous. the INS website (www.ins.gov). Click Immigra-
To avoid delays, make sure the interviewer knows tion Services and Benefits, then Naturalization,
in advance you are requesting a waiver and whether then Eligibility and Testing then Hmong Veter-
you need an interpreter. Mention this in your cover ans Naturalization Act of 2000.
letter and write 50/20 or 55/15 in big red letters
at the top of your application form. There will still
be plenty to cover at your interview. In Chapter 8,
we discuss what happens at the interview.
F. The U.S. History and Government 1. The 65/20 Exception for Applicants of
Exam Advanced Age
In order to become a U.S. citizen, you must pass a If you are older than age 65 and have lived in the
test showing your knowledge and understanding of United States as a permanent resident for at least 20
the fundamentals of history, and of the principles years (these dont need to be continuous years) you
and form of government, of the United States. can take an easier version of the history and govern-
I.N.A. 312(a)(2), 8 U.S.C. 1423(a)(2). As a practi- ment exam. This is commonly referred to as the 65/
cal matter, this means youll have to memorize the 20 exception. You will only have to study 25 ques-
answers to 100 potential questions. We give you all tions. Youll be asked ten of the questions and will
the possible questions, and help you prepare for need to answer six correctly in order to pass. For
them, in Chapter 6. more information on these questions, see Chapter 6.
At your interview, the examiner will choose ten Your 20 years of U.S. residence dont need to have
questions from the 100 to quiz you on. To pass, been continuousif youve been out of the country
youll need to answer six out of ten questions cor- for short periods (less than six months at a time, to
rectly. be safe), thats okayso long as your total time here
There are some people who, for reasons of age reaches 20 years.
or disability, will find it nearly impossible to learn If you qualify for the easier exam, you automati-
the answers to these questions. See Section F1 for cally qualify to avoid the English language require-
information on age-related waivers and Section F2 ment as well. Alert the INS in advance as to which
for information on disability-related waivers of the waivers you are claiming in your cover letter. Also
exam requirement. write 65/20 in large red numbers at the top of
your application form.
Using Past Exam Results 2. Waiving the History and Government

Some years ago, it was possible to take the U.S. Exam for Disability
history and government exam in advance, at a lo- If you have a physical or mental disability that pre-
cal adult school or community organization. Ap- vents you from learning the required concepts of
plicants could take the exam many times and wait U.S. history and government, you may qualify for a
until they had passed to submit their citizenship waiver. As we explained for people seeking to avoid
application. After allegations of fraud, the INS the English requirement, youll need to have your
ended this program in the late 1990s. You now doctor fill out a form explaining exactly what your
must wait until your interview at the INS to take disability is and why it prevents you from learning
the exam. concepts of U.S. civics and government.
The only exception is an applicant who got his We cover the precise procedures for requesting a
green card through the legalization program (also disability waiver in Chapter 7. This waiver may also
called 1/1/82). If you are one of these applicants qualify you to conduct the citizenship interview in
and took the citizenship exam during Phase II of your native language.
applying for your green card, you wont have to
repeat the exam. If you have a certificate from the
exam, include a copy with your application.
Table Summarizing Available Language and U.S. History Waivers

If you are: The INS can: To request the waiver:
Older than age 50, with 20 Allow you to take the citizenship test Alert the INS in your cover
years permanent residence and interview in your own language letter and write 50/20 on
top of your Form N-400
Older than age 55, with Allow you to take the citizenship test Alert the INS in your cover
15 years permanent residence and interview in your own language letter and write 55/15 on
top of Form N-400
Older than age 65, with 20 Allow you to take a modified version Alert the INS in your cover
years permanent residence of the citizenship test, with fewer letter and write 65/20 on
possible questions; and allow you to top of Form N-400
take the test and interview in your own
language
Physically or mentally Make special accommodations for your Mention any needed accommo-
disabled interview, and/or allow you to avoid dations in your cover letter. Fill
the citizenship test and/or have the out the appropriate box(es) on
interview done in your own language your Form N-400. For waivers
of the English language or
history exam, have your doctor
fill out Form N-648.
G. Loyalty to the U.S. You can, however, still have a sentimental fond-
ness for your home country.
Several questions on the citizenship application re-
Youll also be asked whether youre willing to
flect the INS rules requiring that you be attached
take the Oath of Allegiance (shown below) to the
to the principles of the Constitution and be favor-
United States during the swearing-in ceremony
ably disposed to the good order and happiness of
that formally makes you a citizen. In addition, youll
the United States. 8 C.F.R. 316.11(a). This means
be asked whether youre willing to serve in the U.S.
that you should:
armed forces (in a combat or non-combat role) or to
not be hostile to the U.S. form of government
perform work of national importance under civilian
believe in representative democracy
direction when required by the law.
believe in the ideals of liberty and equality
Its best if you can simply answer yes to all of
among people described in the Bill of Rights
these questions. However, if you have legitimate
portion of the Constitution, and
concerns over taking the Oath of Allegiance or serv-
believe that political change should only be car-
ing in the U.S. military, review the sections below.
ried out in a peaceful manner and in accordance
with the law.
you hold this objection based on religious prin-

ciples, and
The Oath of Allegiance
you hold these beliefs deeply and sincerely.
Because you will answer no to certain questions
I hereby declare, on oath,
on the citizenship application, you must send the
that I absolutely and entirely renounce and abjure all INS a sworn declaration explaining your beliefs. In
allegiance and fidelity to any foreign prince, your declaration, you should request permission to
potentate, state or sovereignty, of whom or which I have take a modified Oath of Allegiance. If your beliefs
heretofore been a subject or citizen; only forbid you to fight, then at your swearing-in
ceremony, you will be allowed to leave out the
that I will support and defend the Constitution and the
words I will bear arms on behalf of the United
laws of the United States against all enemies, foreign
States when required by law. If you can show the
and domestic;
INS that your beliefs also forbid you to serve in any
that I will bear true faith and allegiance to the same; military capacity, youll also be able to leave out the
words I will perform noncombatant services in the
that I will bear arms on behalf of the United States
Armed Forces of the United States when required by
when required by the law; and
law. For more on the swearing-in ceremony, see
that I take this obligation freely, without any mental Chapter 11.
reservation or purpose of evasion, so help me God.
Explain your conscientious objector status in
your application cover letter and include your
sworn statement with your citizenship application
packet.
1. Your Beliefs Forbid Taking Oaths
Some groups, most notably the Quakers and Jeho-
vahs Witnesses, forbid swearing oaths. If you be- H. Overview: Are You Ready to Apply?
long to such a group, you may make a modified
Use the list of questions below to confirm your citi-
version of the Oath of Allegiance, substituting the
zenship eligibility. Check the box if your answer is
words and solemnly affirm for the words on oath
Yes. For any unchecked boxes, review the appro-
and leaving out the words so help me God. For
priate section of this chapter and familiarize yourself
more on the swearing-in ceremony, see Chapter 11.
with the rules. Once you are certain of your eligibil-
If you wish to modify the oath, advise the INS itythat is, you have checked all the boxesyoure
when you submit your citizenship application ready to prepare and submit your application.
and include a letter from your pastor or religious leader Have you had valid lawful permanent U.S. resi-
indicating your religious affiliation. dence for the last five years (or less if you fall
into an exception)? (See Section A.)
Have you spent at least half of your required
2. Your Beliefs Forbid Serving in the permanent residence period inside the United
Military States (unless you qualify for an exception)?
If your religious beliefs forbid you to carry or use (See Section B1.)
weaponsthat is, you are a conscientious objec- Has your U.S. stay been continuousthat is,
toryou can still become a U.S. citizen. You do unbroken by trips of six months or longer? (See
not have to be a member of a Christian religion, nor Section B2.)
do you have to believe in God or a supreme being. Have you lived for at least three months in the
However, you will need to show the INS that: state or INS district where you plan to submit
you are opposed to all military service your citizenship application? (See Section B3.)
Are you at least 18 years of age? (See Section Can you pass an exam in U.S. history and gov-
C.) ernment (unless you fall into a group that can
Have you behaved in a way that shows your request a waiver of this requirement)? (See Sec-
good moral character during your required tion F.)
years of permanent residence? (See Section D.) Are you attached to the principles of the U.S.
Can you speak, read and write English (unless Constitution and willing to swear loyalty to the
you fall into a group that can request a waiver United States? (See Section G.)
of this requirement)? (See Section E.)
C H A P T E R
Preparing and Submitting

Your Application
A. What Youll Put in Your Application Packet ......................................................... 3/2
B. Preparing Your Cover Letter ................................................................................. 3/3
C. Filling Out INS Form N-400 ................................................................................. 3/4
1. Tips on Filling Out INS Forms ......................................................................... 3/4
2. Line-by-Line Instructions for Form N-400 ........................................................ 3/5
D. Submitting the Application ................................................................................. 3/10
1. Using the Checklist for Citizenship Packet .................................................... 3/10
2. Asking for a Fee Waiver If Youre Receiving Government Benefits ................ 3/11
3. Protecting Your Application Against Loss ...................................................... 3/13
4. Where to Mail Your Application ................................................................... 3/14
Y oull find that applying for U.S. citizenship is far

easier than getting your green card. The appli-
cation process involves only one form and very few
because after its cashed the INS stamp on the
back can be used to trace your application if its
lost. A money order is okay, but harder to trace.
accompanying materials. As with any application to Do not send cash. Make checks or money orders
the INS, however, the form can be deceptivea payable to the U.S. Immigration and Naturaliza-
seemingly innocent question can be dangerously tion Service. If youre living overseas, dont send
significant. And the INS bureaucracy is as frustrating the $50 for fingerprintsyou can have your fin-
as it has ever beendelays are normal and lost ap- gerprints done at a local U.S. consulate
plications are common. two photos, INS style (see instructions in Appen-
This chapter will show you how to get through dix B). Its too difficult to take a snapshot that
the application process with the least possible frus- meets the INSs specifications, so find a shop
tration and difficulty. We explain to you: that does passport photos. Write your name and
what goes into your application packet (see Sec- your A-number (from your green card) on the
tion A) back of each photo, in pencil, and
what to tell the INS in your cover letter (see Sec- a photocopy of your green card (both sides of
tion B) the card, on two sheets of regular 81/2-by-11-inch
how to fill out Form N-400 (see Section C), and paper). If your card has expired or youve lost it,
how to submit the application (see Section D). see the sidebar, How to Renew or Replace a
Some time after submitting your citizenship appli- Green Card.
cation, you will be notified when to appear for a If you plan to take advantage of one of the vari-
personal interview at your local INS office. During ous exceptions described in Chapter 2, you may
that interview, an INS officer will review your appli- also need to include one or more of the following:
cation and approve or deny your citizenship. How- If youve been married to a U.S. citizen for three
ever, youre likely to wait a long time for this notifi- years and youre applying after only three years
cation of your interview. What to do during this of permanent residence on this basis, furnish
waiting period and during the interview itself are proof of your eligibility for this exceptionfor
explained in Chapters 4 and 8, respectively. example, copies of your spouses citizenship cer-
tificate, your marriage certificate, proof that your
spouses previous marriages ended legally (cer-
A. What Youll Put in Your tificate of death, divorce or annulment) and cop-
Application Packet ies of your tax returns for the last three years, as
well as recent credit card bills in both your
The most important part of your citizenship applica-
names and copies of your joint home title or
tion is INS Form N-400. However, along with this
rental receipts to show that you live together or
form youll need to prepare and assemble a few
share financial matters.
other items, listed below and summarized within the
If youve served in the U.S. military, furnish INS
checklist in Section D1.
Form N-426, Request for Certification of Military
Your citizenship application packet will need to
or Naval Service, and INS Form G-325B, Bio-
include the following:
graphic Information. Both of these forms are
cover letter (see Section B, below)
included in the Appendix. When completing
INS Form N-400 (see Section C, below)
these forms, follow the INSs instructions, pro-
Fee payment (currently $260 for the application
vided on the forms and at the INS website
plus $50 for fingerprints, but check for current
(www.ins.gov). Consult a lawyer if you need
fees at the INS website (www.ins.gov)). If youre
more help.
age 75 or older, you dont have to be finger-
If you are disabled and are asking for a waiver of
printed, and dont have to pay the fingerprinting
the English and/or U.S. history and government
fee. To pay the fees, a personal check is best,
PREPARING AND SUBMITTING YOUR APPLICATION 3/ 3
exam requirements, furnish INS Form N-648, B. Preparing Your Cover Letter
filled out by your doctor (see Chapter 7), and
Including a cover letter with your citizenship appli-
Any other items applicable to you as recom-
cation is not required, but its a good idea. You can
mended elsewhere in this book and denoted by
use the letter to list whats in your application, mak-
the application reminder iconsfor example, a
ing it easier for the INS to understand and organize
sworn explanatory statement if youre a male who
your file. And the cover letter reminds you to in-
forgot to register for the Selective Service or a let-
clude everything. The cover letter is also a good
ter from your church if youre a Jehovahs Wit-
place to advise the INS of any special circumstances
ness who cant swear the full Oath of Allegiance.
in your casefor example that youre claiming a
right to apply early based on an exception, or that
How to Renew or Replace a Green Card youre requesting a waiver of the exam requirements
based on age or disability.
Its possible your green card has expired or been The cover letter provided below covers the basic
lost. That doesnt mean that youve lost your per- circumstances that apply to all applicants. Use it as a
manent residence, but its best to get a new green starting point, and if you determine that special cir-
card before applying for U.S. citizenship. A few cumstances exist in your case, mention these in the
INS offices will allow you to apply without your letter as well.
green card but most are not so accommodating. In
You cant over-advise the INS. Even with a
any case, the law requires you to carry your green
cover letter, the INS frequently fails to notice
card with you at all times until youre a citizen. In
important circumstances in applicants casesand
these security-conscious times, its likely that
therefore may not be adequately prepared for your in-
youll be asked for your card by the INS, police or
terview. For example, people whove asked to take the
airport authorities.
interview in their own language often find that the INS
To renew or replace your green card, obtain
didnt notice, and didnt arrange for an interpreter.
INS Form I-90 from the INS website or by calling
Thats why its also important to follow any instructions
800-870-3676. Follow the instructions that come
weve given you in this book about writing things in red
with the form.
pen on the top of the Form N-400. Bolding or highlight-
ing important parts of your cover letter is also a good
idea.
Report stolen green cards to the police. There is

a hot market for illegal green cards. If yours is
stolen, file a police report immediately. You may not
get your card back, but when you apply for a replace-
ment card, the police report will demonstrate your dili-
gence and reduce suspicions regarding the loss.
Cable CarSan Francisco, California

C. Filling Out INS Form N-400

Cover Letter Template Form N-400 is the central and most important form
that you will fill out in order to apply for U.S. citi-
[Your address]
zenship. Everyone applying for citizenship through
[Todays date] the naturalization process described in this book
must fill out Form N-400. The form collects basic
Re: A-number: [Your eight-digit Alien number,
biographical information about you and asks ques-
from your green card]
tions to make sure that you meet all the citizenship
Application for Naturalization eligibility requirements (discussed in Chapter 2).
[Address of INS Service Center; see Section D4, Form N-400 is available as a tear-out in the Ap-
below, for the one serving your geographic region.] pendix, by telephone at 800-870-3676 and on
the INS website. You can print out or photocopy the
Dear Sir or Madam:
official version for your use.
Enclosed please find my application for natural-
Before you fill out the form, read the general tips
ization, including the following items:
in Section C1, below. Then, once youve got a copy
Form N-400 of Form N-400 in hand, follow the line-by-line in-
structions in Section C2 on how to fill it out.
Application and fingerprint fees, totaling $___
Two photos 1. Tips on Filling Out INS Forms

A photocopy of my green card How clearly and carefully you prepare your paper-
work can affect how your application is judged. This
[Any other needed documents as described
doesnt mean you have to hire someone to do it
elsewhere in this book].
professionallythe INS receives plenty of handwrit-
In addition, please note [Describe any special cir- ten applications. But following these instructions
cumstances in your case, any accommodations will avoid confusion and make your application
that you need for disability or any waivers of the stand out.
English language or U.S. history and government
exam requirements that youre claiming based on a. Typing or Ink?
age or disability. See Chapter 7 for details].
This isnt the time to express your individuality with
Thank you for your attention to this matter. purple ink. Complete the form on a computer, as
described below, or use a typewriter. If you cannot
Very truly yours,
use a computer or typewriter, prepare it by hand,
[sign your name] using black ink.
You can download Form N-400 and complete it
[print your name]
on your computer, using Adobe Acrobat. (If you
dont have Adobe Acrobat, download a free copy
from www.adobe.com.) You can download Form N-
400 at the INS website (www.ins.gov). Click Forms
and Fees, then click Forms, Fees and Filing Loca-
tions Chart. Scroll down and click Form N-400.
Youll find instructions and links for both the fillable was far behind her. On Saritas citizenship appli-
and the non-fillable versions of the form. After you cation, she answers no to the questions about
fill out the form you can print it, but you cannot whether shed ever been arrested or convicted
save the data. So, dont turn off until youve printed for a crime. The INS officer notices that this
the form properly. Otherwise youll have to start all doesnt match the information on her green card
over again at your next session. application and because of her lie, he denies
Saritas citizenship application on the grounds
b. Inapplicable Questions that she lacks good moral character. Sarita must
wait for her full period of required permanent
If you know that a question on Form N-400 doesnt
residence (in her case, five years) to rebuild her
fit your situation, write N/A (not applicable) or
moral character before reapplying.
none rather than leaving the space blank. If youre
not sure how or whether to answer a question, con-
You can request a complete copy of your immi-
tact an attorney.
gration file from the INS. If youve misplaced
copies of your previous immigration applications, you
c. Tell the Truth
can get your file by downloading INS Form G-639 from
Lying to the INS can get you in bigger trouble than the INS website or calling 800-870-3676. Send the
the problem you are lying about. When an INS of- completed form to your local INS District Office. (You
ficer discovers that youve lied, hell not only be- can locate the address for your local office at the INS
come angry, but you might have your citizenship website.)
application denied on moral character grounds, no
matter how minor the lie. Even if undetected at your Of course, if youve found a harmless error in a
interview, a lie can result in your citizenship being previous applicationsuch as a misspelled name or
revoked if the INS finds out about it latereven a wrong addressdont feel you have to stick to it.
many years later. Insert the correct information on your citizenship
If you are torn between hiding and disclosing in- application, but be prepared to explain the error
formation on the form, now is the time to see a law- and provide evidence of the true situation.
yer. An attorney can advise you how to complete
the form honestly and protect your interests. e. Use Extra Pages If Needed
In a few places on Form N-400, you may need more
d. Be Consistent With Previous INS space for your response. In that case, attach a sepa-
Applications rate piece of paper and write Please see Attach-
ment in the appropriate space on the form. At the
Pull out other applications or paperwork that youve
top of each attachment page, print your name, your
submitted to the INS and double-check that the in-
A-number and the words Attachment to Form N-
formation youre providing now matches what
400. Then indicate which question(s) from which
youve stated in previous applications. Failure to do
Part(s) of the form youre answering. If you need
this could lead to trouble.
more than one attachment page, add page numbers
Example: When Sarita applied for her green to them as well.
card in 1995, she was 17 and had a juvenile
conviction for shoplifting. She mentioned the 2. Line-by-Line Instructions for Form N-400
conviction on her green card application, but
To follow the instructions in this section, youll need
since the INS doesnt ordinarily count juvenile
to have a copy of Form N-400 in front of you. (Tear
arrests against applicants, Sarita got her green
or copy it from the Appendix or get a copy from the
card. After becoming an adult, Saritas juvenile
INS.) Below, well go through the form, question by
record was sealed, and she figured the matter
question.
Part 1. Your Name have you fill out a form called a Petition for Name
Change during your interview.
Question A. Your current legal name. Enter your
full name. If your name has changed during your For information on changing your name in Cali-
lifefor example, because of adoption, marriage or fornia, see How to Change Your Name in Cali-
a court-ordered name changeinclude legal docu- fornia, by Lisa Sedano (Nolo).
mentation as proof.
The judge will not approve your name change if:
Question B. Your name exactly as it appears on
You changed your name for fraudulent reasons,
your Permanent Resident Card. This question serves
such as to escape capture for a crime or to avoid
to match your application to your green card, so
paying a debt.
copy your name exactly as it appears on your green
Your new name interferes with someone elses
card, even if there are mistakes or your name has or
right to a name, particularly a famous person,
will be changed.
such as Bill Clinton or Cher, or of a company,
Question C. If you have ever used other names,
such as Charles Schwab.
provide them below. Here you should provide alter-
Your name is intentionally confusing, such as
nate versions of your name as well as names by
P.O. Box 2000 or Boeing Jet.
which youve been commonly known. For example
Your name is threatening, obscene or likely to
if your legal name is Alexander but your nickname
incite violence. Beat U. Up, for example, is not
is Sasha and it appears on some of personal records
likely to be allowed.
and documents, mention Sasha on this part of the
application. If, however, only your mother or a few
friends affectionately call you Sasha, then you dont Part 2. Information About Your Eligibility
need to enter it here. If you arent sure, go ahead Check the box indicating the number of years of
and include the nickname or alternate name, to be permanent residency you are required to have com-
safe. pleted. Most people check box A, (five years of per-
Question D. Name change. If youve wanted to manent residence). However, some applicants (for
change your name, this may be your chance. You example, spouses of U.S. citizens or people in mili-
can legally change it without any extra court proce- tary service) will check a different box indicating
dures by simply filling in your chosen new name on they qualify for an exception to the five-year rule.
the form. However, theres one catch. This service is Refugees and those who obtained political asylum
only available at INS offices where the swearing-in should check the first box (five years of permanent
ceremonies are held in a courtroom, presided over residence). Although they are permitted to credit
by a judge, not an INS officer. Contact your local some of their years as a refugee or asylee toward
INS office and ask if a judge performs the ceremony, the five-year requirement, they arent exempt from
or wait until your INS interview and ask the officer the requirement itself, as discussed in Chapter 2,
who will preside. If youre in luck, the officer will Section A3.
SkylineChicago, Illinois
Date of Residency were citizens. For more information on the complex

rules surrounding transmission of citizenship, see
Nolos Legal Encyclopedia, online at
(www.nolo.com).
In Question H, you have an opportunity to alert
the INS as to any physical or mental disabilities. The
INS wants to know two things: (1) whether youre
seeking a reduction or waiver of the English lan-
guage and/or U.S. history and government exam re-
quirements because of your disability, and (2)
whether theres anything the INS can do to make
New-Style Green Card (Front) your interview more comfortable, such as ensuring
wheelchair access or providing a sign language in-
terpreter. Its okay to check both these boxes. Chap-
ter 7 explains what it takes to qualify for a disability
waiver or accommodation and what documents
youll need to add to your application.
The INS will conduct the interview in English un-
less you qualify to avoid the exam requirements
based on disability or age.
Part 4. Addresses and Telephone Numbers

Old-Style Green Card (Back) Section A. Enter your current home address. If you
do not want to receive mail there, indicate where to
send mail in the next section.
Section B. Care of. Fill in this section only if you
want someone else to receive your mail for you or
youd prefer that it be sent to a post office box or
temporary address. (Even if you complete this sec-
tion, you must enter your home address in Section A.)
Section C. This section asks for your phone num-
bers and email address. If you dont have a tele-
phone or email address, answer none. Alternately,
Old-Style Green Card (Front) you could use a friend or neighbors phone num-
berthe INS is unlikely to call you.
Part 3. Information About You
Part 5. Information for Criminal Records
Most of this section is self explanatory, but well dis-
cuss certain questions that may not be. Search
For Question C, you can find the date you be- Fill in this information precisely and honestly. If you
came a permanent resident on your green card. dont believe you fit into any of the categories, ei-
For Question F, the INS wants to know whether ther choose one that is close or check unknown or
your parents are U.S. citizens in the event they trans- other. If you have a criminal history, youll have a
mitted their citizenship to you. They may have done hard time hiding the truththe INS separately
this automatically, but it depends on a variety of fac- checks your fingerprints. If you are concerned about
tors, such as your date of birth, how long they lived what the INS may turn up in its check of your
in the United States and whether one or both of them records, consult a lawyer.
Part 6. Information About Your Residence and gather a wide range of information and decide what
Employment to do with it later. You may have one of three con-
cerns:
Here, you must provide information about where
What happens if youve divorced the person
you worked and lived for the last five years. If you
who was the basis for getting your green card?
cant remember an exact address from years past,
What happens if you reveal that your spouse is
enter as much information as you can remember. If
living in the United States illegally? and
you had periods of unemployment, unpaid work,
Why does the INS need to know about your and
self-employment or taking care of home or children,
your spouses previous marriages?
list these too. (Be specificdont just write none
Divorce. Some people worry that if they got their
in the employer box.) Include time spent working
green card through marriage, but have since di-
here illegally before you got your green card, if any
vorced, they wont qualify for citizenship. As long as
(but make sure that it matches the information on
your marriage wasnt a sham (meaning the whole
your green card application forms).
purpose of the marriage was for you to get a green
card), your divorce should not pose an obstacle to
Part 7. Time Outside the United States citizenship. However, the INS may ask some addi-
As discussed in Chapter 2, Section B, youll need to tional questions to double-check that your marriage
prove that you spent the required minimum amount wasnt a sham.
of time in the United States in the years before your To be ready for these questions, review the mate-
citizenship application and that your visits outside rial in Chapter 1, Section A1.
the United States didnt last too long. Undocumented spouses. Another concern for ap-
Copy this information from the box you filled out plicants is listing a spouse who has no legal status in
in Chapter 2, Section B, under Tallying Your Time the United States. As you can see on the form, ques-
In and Out of the United States. If you cannot de- tion E3 specifically asks for your spouses immigra-
termine the information, put down as much as you tion status. If your spouse has no status at all, you
can. For example, some people may write in the must simply write none in the box for question E3.
space (or on an attachment page) something like, I If you have filed applications with the INS to help
crossed the border into Mexico to spend time with your spouse immigrate, then you can write pend-
my mother approximately once a month for the last ing in the box (meaning that your spouse is await-
five years. Most of my visits were three days long, ing his or her green card or other status). Histori-
except for visits at Christmas which usually lasted cally, the INS has not used this information to try to
one week. track down spouses living here illegally. The INS
officer may, however, question you as to whether
Part 8. Information About Your Marital you helped smuggle your spouse into the country
History see Chapter 8 for details.
Previous marriages. One of the main reasons that
The first question in Part G asks How many times
the INS asks about previous marriages is to make
has your current spouse been married? Many appli-
sure that you arent married to more than one per-
cants wonder whether their current marriage counts
son and that your current marriage is valid. Some
in adding these up. The answer is yes: If, for ex-
people discover that their or their spouses divorce
ample, your spouse has been married once before,
wasnt legally final until after their current marriage
youll need to answer two here. (This makes sense
took placeor even that they are married to two
when you realize that, if you didnt add your current
people at the same time. Being intentionally married
marriage to the count, anyone whose spouse had not
to more than one person is polygamy, which the
been married before would have to answer zero.)
INS considers as a sign of bad moral character. Even
Information about marriages may not be relevant
if the double marriage was an accident, it can create
to all citizenship applications, but the INS prefers to
a problem if you got your green card as a result of
your recent marriage. Applying for citizenship will On Question B, Affiliations, dont fear listing your
give the INS a chance to discover this problem and membership in community organizations such as a
could result in the loss of your green card. If you social club, church group, volunteer corps or other
find yourself in one of these situations, see a lawyer. volunteer group. These memberships demonstrate
you have good moral character. Not so, if you be-
Part 9. Information About Your Children long to a group that advocates world communism,
violence, terrorism or other perceived dangers to the
As indicated in the INS instructions, you must list
United States. If you belong to a controversial
ALL of your children, whether they are:
group, consult with a lawyer before going farther.
alive, missing or dead
See Chapter 2, Section D14, for more on the effects
born in other countries or in the United States
of such group memberships on your citizenship eli-
younger or older than 18 years
gibility.
married or unmarried
Question G. Selective Service. Here, you must
living with you or elsewhere
indicate whether you are a male who got your green
stepsons or stepdaughters not legally adopted, or
card before or between the age of 18 and 26. If you
born out of wedlock.
are, you were required to register for Selective Ser-
Carefully comply with this instruction, as it may
vice, a list kept in preparation for a U.S. military
help one of your children immigrate to the United
draft. See the full discussion of this requirement in
States later. If you fail to mention a child on your
Chapter 2, Section D12. If you answer Yes here,
citizenship application, then come back later with a
you must either register with the Selective Service
petition to immigrate that child, the INS may suspect
now (which you can only do if youre younger than
that youre just trying to help someone elses child
age 26) or attach a statement explaining why you
immigrate.
didnt register. We provide a sample statement in
Chapter 2.
Part 10. Additional Questions
Question H. Oath Requirements. Here, you must
These questions relate to your eligibility for citizen- show that youre loyal to the United States and will
ship, focusing in particular on your moral character fight for it if necessary. If you are a conscientious
and the amount of time youve lived in the United objector, meaning that for religious or moral reasons
States. (To review eligibility requirements, see Chap- you refuse to take up weapons or join in a war, an-
ter 2.) Notice that in Part D, the questions regarding swer no to Question H.37, which asks whether
your criminal history are very broadso broad that youll bear arms for the United States. If your beliefs
youll even need to disclose any traffic tickets that would prohibit you from providing any support to a
youve received, although traffic tickets will not or- war effort, answer no to Question H.38, which
dinarily disqualify you from citizenship. Neverthe- asks whether youre willing to provide noncomba-
less, if your answer to any of the questions is yes tant services, (As covered in Chapter 2, Section G,
(with the exception of Questions B, G and H, dis- youll need to attach proof of your conscientious ob-
cussed below) theres a risk that your application jector status.)
could be denied. See a lawyer before going farther. If youre a member of a religion that prohibits
taking any sort of oath (for example, the Quakers
Dont guess! If you arent sure how to answer
and the Jehovahs Witnesses fall into this category),
one of these questions, see a lawyer. For ex-
answer no to Question H.36but you must pro-
ample, if a department store once accused you of shop-
vide a letter from your church or other religious
lifting and you went to court, but you dont remember
body confirming your membership. (Include this let-
whether you were convicted or not, since you didnt
ter when you send in your citizenship application.)
actually serve any jail time, a lawyer could help clarify
matters. Incorrect answers on this set of questions can
have devastating consequences, including denial of
citizenship or deportation.
Part 11. Your Signature Make sure youre not applying too early. If you
havent already done so, read Chapter 2, Section
If possible, sign your name in cursive, not printed
A, to determine when you are eligible to file your citi-
letters. Cursive means a flowing style, usually
zenship application. Most applicants must wait four
slanted to the right, where the letters are connected:
years and 275 days (five years minus 90 days) from
it looks like this: Vida Karalis, rather than this: Vida
when they were granted lawful permanent residency,
Karalis.
but there are some exceptions (as discussed in Chapter
2). Calculate the days to avoid filing early. If you sub-
Part 12. Signature of Person Who Prepared
mit your application earlyeven one day too early
This Application for You the INS will send it backsometimes waiting weeks or
If a lawyer, paralegal or other preparer completes months before doing so.
this form for you, that person must sign this section.
If you completed the form on your own, however,
or if you received some advice or assistance from a 1. Using the Checklist for Citizenship
friend, neither you nor your friend need to complete Packet
this section. Use the checklist below when preparing your appli-
cation. Attach a copy to the file folder or envelope
Parts 13 and 14. Signature and Oath in which youre collecting the various items, and
You wont fill these out until your interview. Look mark off each box as you add the item. That way,
again at the instructions under Part 11, above: The youll ensure that nothing is left out.
officer may require you to sign your name in cur-
sive. If youre not used to writing in cursive, practice Checklist for Citizenship Packet
this until you can do it smoothly.
cover letter
D. Submitting the Application INS Form N-400
After youve filled out your Form N-400, obtained application fee
your photos and assembled the materials described two photos, INS style
in Section A, youre almost ready to send your appli-
photocopy of your green card
cation.
Here are some final suggestions: if youre applying earlier than five years
See our suggestions in Section D1, below, to en- on the basis of an exception, proof that
sure you have included everything in your appli- youre eligible
cation packet. Forgetting something probably
if youve been in the U.S. military, INS
wont disqualify you from citizenship, but it
could delay the process.
Form N-426, Request for Certification
Take precautions against your application being of Military or Naval Service, and INS
lost, as discussed in Section D3, below. Form G-325B, Biographic Information
Be careful about where you mail your applica- if youre requesting a waiver of the test-
tionnot all INS offices are authorized to accept
ing requirements based on disability,
citizenship applications. Dont waste your time
Form N-648, filled out by your doctor,
trying to walk it in to the INS office in your city.
Youll need to mail it to the INS Service Center and
listed in Section D4, belowand Service Centers any other items applicable to you as
never take walk-ins. recommended elsewhere in this book.
PREPARING AND SUBMITTING YOUR APPLICATION 3/ 1 1
2. Asking for a Fee Waiver If Youre a. Public Benefits Recipients: What Youll
Receiving Government Benefits Need to Prove to Qualify for a Fee Waiver
No question about it, applying for citizenship is ex- If you provide proof that youre receiving need-
pensive: $260 for the application and $50 for finger- based public benefitssuch as SSI, food stamps,
prints. If your income is below the federally estab- Medicaid or Temporary Assistance for Needy Fami-
lished Poverty Guidelines and you cant come up lies (TANF)youll improve your chances of getting
with this amount, the INS offers an alternative: You your fee waiver approved. Based on your proof of
can make a written request to be excused from pay- public benefits, the INS will presume that your in-
ing the fee (a fee waiver). come level is below the federal Poverty Guidelines
Most attorneys recommend against using the and wont ask you to provide extensive documenta-
waiver at all unless its absolutely necessary. The tion demonstrating your income and assets.
paperwork is lengthy and complicated. You must However, its not enough to show the INS that
prepare a monthly budget of all your income and you are receiving public benefits. You must also
expenses, an explanation of your living arrange- prove to the INS that your benefit check barely cov-
ments, a list of your assets and moreall with sup- ers your monthly expensesif it covers them at all.
porting documents. Some people manage to live comfortably within the
After all your trouble, the INS may deny your re- limits of their benefit check. Other people find that
quest if the agency is convinced that your expenses their check disappears all too quicklyfor example,
are inflated or unrealistic, or youre spending money because of family demands or medical expenses.
on so-called luxuries (items not necessary for your How to supply this proof is covered in subsection b,
survival). In these cases, the INS may advise econo- below.
mizing and saving up for a few more months to pay
the fee. After all, no one is forcing you to apply for b. Documents to Include in Your Fee Waiver
citizenship right now. Also keep in mind that a little Request
mistake could raise suspicions of lyingwhich
As a public benefits recipient, you should include
could destroy your chances of obtaining citizenship.
the following information in your fee waiver request
As if these reasons werent enough, your request
and attach any documentation to your citizenship
may be reviewed by an INS officer who, consciously
application:
or subconsciously, judges people based on their in-
an explanation in your application cover letter
come. The INS cannot use poverty as the basis for a
(see Section B, above)
bad moral character judgmentbut an officer may
a photocopy of your benefit check or other evi-
ask unpleasant questions if, for example, he believes
dence that youre receiving assistance
that youre refusing to get out and find a job.
your sworn statement stating why youre re-
If you must apply for a fee waiver, you have two
questing the waiver (see sample below), and
choices:
your estimated monthly budget, detailing your
If you are receiving need-based public benefits,
income and expenses (see sample below).
see our instructions in subsections a and b, be-
low. Write Fee Waiver Requested in red letters on
If youre not receiving public benefits, seek help the top of your Form N-400. This helps to alert
from a legal services agency serving immigrants the INS as to your waiver request and may prevent your
and refugees, as discussed in Chapter 10. application from getting bounced back with the INS
claiming you forgot to pay.
The following samples will give you an idea of

how to prepare your sworn statement and monthly
Sample Fee Waiver Request Statement
budget. We do not provide a form for your use be-
cause the INS is suspicious of fee waiver forms. Pre- Fee Waiver Request Statement
pare your own sworn statement and monthly bud-
A# 12345678
get, using our samples as general guides.
Social Security # 123-45-6789
Be as accurate as possible when calculating your
monthly budget. Go through the last four or five Name: Aceline Benicoeur
months cancelled checks, credit card bills and re-
1. I am submitting an application for naturalization.
ceipts from stores and restaurants. Figure out, if pos-
sible, where you spent cash but did not get a re- 2. I am requesting a waiver of the naturalization
ceiptfor example, the babysitter, vending ma- processing fees of $310 ($260 for Form N-400
chine, public pool and toll bridge. Add up all of and $50 for fingerprinting).
these expenses and figure out a monthly average.
3. I cannot pay the application fees because my
After youve got your monthly average, determine
income is not enough to cover it after paying
whether you need to add anything that didnt ap-
my monthly expenses.
pear during the last few months. Look for irregular
but justifiable expenses such as the hairdresser and 4. I am 77 years old and disabled. I receive
the dentist. For an expense like the dentist that only Supplemental Security Income (SSI) in the
happens once a year, divide the number of dollars amount of $545 per month, along with $50 in
by 12 and add the result to your monthly average. food stamps.
For additional regular expenses, calculate the num-
5. I have no source of income other than SSI.
ber of months that pass between each time that the
expense arises and divide the amount of the ex- 6. As the attached budget shows, my monthly ex-
pense by that number of months. For example, if penses total at least $545. I rent a one-bedroom
you get a haircut every two months, divide the cost home in an inexpensive neighborhood. I live
of the haircut by two and add that to your monthly alone. Though I economize whenever pos-
average. If you use personal accounting software siblefor example, growing many of my own
such as Microsoft Money or Quicken, you can use vegetablesI cannot afford anything outside of
the software to calculate your monthly averages. my usual expenses.
Youll only need to supply the total amount of
6. I believe that I am otherwise eligible for U.S.
your monthly expenses in your INS documentation.
citizenship. However, I am unable to pay the
You dont have to explain every item. However, be
naturalization filing fees and therefore request
sure to retain the financial records and notes used to
this fee waiver.
arrive at your final figures, just in case the INS asks
for follow-up information. I declare, under penalty of perjury that the forego-
Youll also need to tell the INS how much money ing, as well as the attached documentation, are
you have in the bank and in cash (such as in your true and correct to the best of my knowledge.
wallet and the cookie jar). Add this information to
Name: Aceline Benicoeur
the monthly budget statement.
Signature: Aceline Benicoeur
Date: April 3, 2003
PREPARING AND SUBMITTING YOUR APPLICATION 3/ 1 3
3. Protecting Your Application Against Loss

Sample Monthly Budget The INS reportedly lost a total of 80,000 applications
in the year 1998 and more horror stories emerge ev-
Budget in Support of Fee Waiver Request
ery year. Here are three tips to help you avoid an
A# 12345678 INS disaster:
Social Security # 123-45-6789 Make copies of everything you send.
Name: Aceline Benicoeur Use a traceable method when mailing your ap-
plication.
MONTHLY INCOME MONTHLY EXPENSES Dont give the INS anything you cant replace.
Wages/Salaries: $0 Housing: $375 Well explain the reasons for these maximsand
SSI: $545 Food: $90 how to follow them.
AFDC: $0 Utilities: $45
Food Stamps: $50 Clothing: $15
Other public benefits: $0 Transportation: $35
a. Make Complete Copies
Other income: $0 Medical: $20 When youve finished preparing your citizenship ap-
Total income: $595 Child Care: $0 plication, dont mail it until youve made photo-
Spousal Support: $0 copies. Copy every page of the application form, as
Cash on hand: $17 Debts: $0 well as photos, documents, checks and money or-
Checking/Savings: $44 Personal care: $15 ders. This will help you recreate these pages and
Property: $220 Total Expenses: $595 items if theyre lost in the mail or in the overstuffed
(wedding ring & television) files of an INS office. It may also help convince the
INS to take another look for the lost items.
Signature: Aceline Benicoeur Always make your photocopies on one-sided,
Date: April 3, 2003 81/2-by-11-inch paper. Dont create exact copies of
small documents by making a copy on normal paper
and cutting the image outcreating, for example, a
Behind the Scenes tiny photocopied green card. The government doesnt
appreciate mini-copies, which it will have to recopy
Reporters for The Oregonian newspaper visited onto a full-size sheet of paper. By the same token,
the INS Service Center in Burlington, Vermont, 81/2-by-11-inch paper (or larger) doesnt fit well into
and found crates of files teeter[ing] along the the governments filesif you have oversized docu-
walkways between overstuffed cubicles. Even ments, reduce them to 81/2-by-11, if possible.
with new computers, the center relies on old-fash-
ioned filing techniques. Paul E. Novak, Jr., direc- b. Mail by a Traceable Method
tor of the INSs Vermont Service Center, told the
Its not uncommon for applications to be misplaced
reporters: I dont know what wed do without
when they arrive in the INS mailroom. If this hap-
hand trucks and milk crates.
pens to your application, youll need proof that you
The reporters also described a 1998 case in
mailed it. For that reason, use certified mail with a
which the INS allowed a storage room containing
return receipt. A return receipt postcard will be
asbestos to be sealed offignoring the fact that
mailed back to you and you can use it to convince
30,000 application files were in the room. The INS
the INS to look for your misplaced application.
didnt bother to notify the applicants and one
waited three years for his citizenship interview.
(See INS Bureaucracy, Blundering Create Agency
from Hell, by Brent Walth and Kim Christensen,
The Oregonian, Monday, December 11, 2000.)
You cannot use UPS, Federal Express or other Copies of documents submitted are exact photo-
private delivery services to send your INS appli- copies of unaltered original documents, and I under-
cation to a post office box. In other words, you must stand that I may be required to submit original
use the U.S. Postal Service unless your area is served by documents to an immigration official at a later date.
the Vermont Service Center (see Section D4, below).
Signature
By taking these steps, youll have the evidence Typed or Printed Name
you need to show the INS that it was its fault that a
file was delayed or mislaid. In some cases, the INS Date
will rely on your own photocopies to proceed with
your application.
4. Where to Mail Your Application
You are required to mail your application to an INS
c. Dont Send Something If You Want It Back
Service Centera large processing facility that will
You may have to include personal documents with handle your file until its turned over to an INS of-
your application. Dont send originals of important fice near you for your interview. The table below
documents such as marriage certificates or green lists the addresses of INS Service Centers, including
cards to the INS. You run a serious risk of losing the appropriate post office boxes for citizenship ap-
them. The INS refuses to give any assurance that plications. Find the one serving the state where you
youll get your originals back. Photocopy any docu- live and send your application there.
ment (as long as the original is the official version),
and send the copy. Bring the originals to your inter- The following addresses are only for citizenship
view so the INS examiner will have a chance to applications. If you submit other applications to
view them. (If the INS makes a special request that the INS, such as visa petitions for family members, you
you mail the original, comply with the demand, but can find the correct addresses and post office boxes for
make copies for yourself first!) Add the following those applications at the INS website or by calling the
text on the front of the copy, if theres room: INS at 800-375-5283.
If You Live In: Send Your Citizenship Application To:
Arizona, California, Hawaii, Nevada, Territory of Guam INS California Service Center
or the Commonwealth of the Northern Mariana Islands P.O. Box 10400
Laguna Niguel, CA 92607-0400
Alaska, Colorado, Idaho, Illinois, Indiana, Iowa, Kansas, INS Nebraska Service Center
Michigan, Minnesota, Montana, Nebraska, North Dakota, P.O. Box 87400
Ohio, Oregon, South Dakota, Utah, Washington, Lincoln, NE 68501-7400
Wisconsin or Wyoming
Alabama, Arkansas, Florida, Georgia, Kentucky, INS Texas Service Center

Louisiana, Mississippi, New Mexico, North Carolina, P.O. Box 151204
Oklahoma, South Carolina, Tennessee or Texas Mesquite, TX 75185-1204
Connecticut, Delaware, Maine, Maryland, Massachusetts, INS Vermont Service Center

New Hampshire, New Jersey, New York, Pennsylvania, 75 Lower Weldon Street
Rhode Island, Vermont, Virginia, Washington D.C., St. Albans, VT 05479-0001
West Virginia, Commonwealth of Puerto Rico or the
U.S. Virgin Islands

C H A P T E R
Between Filing and Interview:

Dealing With the Wait
A. Improving Your Eligibility for Citizenship ............................................................. 4/3
B. Tracking Your Application and Dealing With Delays ........................................... 4/3
1. Your Applications First Stop: The INS Service Center ..................................... 4/3
2. Your Applications Second Stop: An INS District Office .................................. 4/7
C. If You Move or Go on Vacation ......................................................................... 4/11
D. Requesting Emergency Attention ........................................................................ 4/12
E. When All Else Fails, Call Your U.S. Congressperson .......................................... 4/12
T he period between when you submit your citi-

zenship application and obtain your INS inter-
view is likely to be longin most states, more than
INS Office
(by U.S. City)
Average Wait
in Days
a year. During this period you should: Albuquerque ................................. 180-240

improve your eligibility by working on your En- Atlanta ........................................... 365-730
Baltimore ....................................... 243-365
glish language skills and American history (see
Boston ........................................... 180-270
Section A), and
Buffalo ........................................... 240
monitor the processing of your application (to Charlotte ....................................... 426
be sure it isnt lost, misplaced or ignored) (see Cherry Hill .................................... 240-360
Section B). Chicago ......................................... 183-365
In this chapter, well discuss these activities and Cincinnati ...................................... 60-90
well also discuss what you should do if: Cleveland ...................................... 500-530
you move or go on vacation (see Section C), or Dallas ............................................ 240-365
you need to request emergency attention from Denver .......................................... 360-540
Detroit ........................................... 365-400
the INS (see Section D).
El Paso ........................................... 300-365
Harlingen ...................................... 820
How Long Does It Take to Become Hartford ......................................... 183-365
a U.S. Citizen? Honolulu ....................................... 243
Houston ........................................ 455
The following chart will give you an idea of how Indianapolis................................... 243-274
long you might wait between when you file your Kansas City .................................... 210-240
application and your swearing-in ceremony. (Your Las Vegas ...................................... 365-426
Louisville ....................................... 365
interview usually takes place 60 days before the
Los Angeles ................................... 243-364
ceremony.) At most INS offices, applicants wait
Memphis ....................................... 365
more than a year before theyre sworn inand at Miami ............................................ 210-240
a few offices, the wait lasts two or more years. But Milwaukee .................................... 210
dont make any decisions based solely on this Newark, NJ .................................... 300-360
chart, since the average wait may change by the New Orleans ................................. 360-470
time you read this. This information was compiled New York ...................................... 334-426
by the American Immigration Lawyers Associa- Oklahoma City .............................. 180-210
Omaha .......................................... 300-365
tion in September 2002, (published in its October
Orlando ......................................... 365
2002 journal, Immigration Law Today), and has
Phoenix ......................................... 334
not been approved by the INS for publication. Philadelphia .................................. 365
Pittsburgh ...................................... 365
Portland, OR ................................. 240
Sacramento ................................... 180
Salt Lake City ................................ 150-180
San Antonio................................... 150-210
San Diego ...................................... 210
San Francisco ................................ 304
San Jose ......................................... 213-274
Santa Ana ...................................... 243-304
Seattle ........................................... 243
St. Paul .......................................... 183
Tampa ........................................... 183-365
Washington, DC (Arlington office) .. 213-365
Rutgers UniversityNew Brunswick, New Jersey Wichita ......................................... 210-240
BETWEEN FILING AND INTERVIEW: DEALING WITH THE WAIT 4/ 3
A. Improving Your Eligibility for 1. Your Applications First Stop: The INS
Citizenship Service Center
Submitting your citizenship application is not like To be certain that your application got to the INS
turning in a final paper in schoolyou cant just go Service Center and was appropriately logged in at
out and celebrate and forget everything youve their mailroom, and to protect yourself against its
learned. Use this time wisely! Try to improve your being lost later, collect all of the following:
chances for citizenship by expanding your under- the certified mail receipt you included when you
standing of the English language (unless youre al- mailed your application (see Chapter 3, Section
ready fluent) and U.S. history and government. D; its a little green postcard that the INS will
Dont put off studyingand then fly into a panic sign and return when it receives your package)
when you receive your interview appointment no- your canceled check, and
tice. Two weeks is not enough time to cram an en- an official receipt notice that confirms that your
tire language and more than two hundred years of application has been logged into the INS system.
history into your head. Review Chapters 5 and 6 on The INS usually sends the receipt within six
preparing for the exam portions of your citizenship weeks of receiving your application. (A sample
interview. receipt notice is shown below.)
Also, keep in mind that all of the factors that af- If you do not receive the certified mail receipt
fect eligibility described in Chapter 2from avoid- within 14 days of mailing, check with the U.S. Postal
ing long trips outside the United States to staying Service to track your package and determine if it
out of legal troublealso apply during the months was lost in the mail. If it was, youll have to mail a
leading up to your citizenship interview. In fact, new application. This is probably the least of your
they continue to apply after your interview and until worries, howeverthe important thing is to get your
the day you are sworn in as a U.S. citizen. See 8 hands on the postal receipt so that you can later
C.F.R. 316(a)(2). show it to the INS if it loses your application.
Next, keep an eye on your bank statements to see
when your check has been cashed. When it has
B. Tracking Your Application and been, make a copy and put it in your personal citi-
Dealing With Delays zenship fileit will also be useful if the INS loses
your application. If weeks or months go by and the
After you file your application, you will want to bank doesnt indicate that your check has been
know: cashed, it may not be a problemsometimes the
whether it successfully made it into the INS sys- INS is slow to cash checks. However, if you dont
tem (discussed in Section B1(a), below), and also get an INS receipt notice, the lack of a cashed
whether there has been an unreasonable delay check will help confirm your suspicion that the INS
getting your interview or fingerprinting appoint- has lost your application. Below we discuss what to
ments (see Section B1(b), below). do if the INS takes an unusually long time to send
Let us warn you now: Delays are almost guaran- you your receipt notice and what to do if the INS
teed. Not only are the INSs normal waiting peri- says that elements of your application are missing.
ods absurdly long, but their inadequate computer
technology and high rate of departing employees
a. Delayed Receipt Notices
means that stacks of files often drop out of sight al-
togetheronly to reappear when applicants com- You may be surprised at how long it takes to get the
plain. The good news is that the INS seems to be official INS receipt notice. Although the INS aims to
trying hard to address this problem. Hopefully, by get these to applicants within six weeks, some ap-
the time you read this, the process will be moving plicants have lately waited as long as four months.
more quickly. Nevertheless, if you dont get your receipt notice
within two months of mailing, we recommend that

you follow up with the INS Service Center.
Sample Letter About Delayed
Unfortunately, INS Service Centers are like walled
Receipt Notice
fortresses. You cant visit them and its almost im-
possible to reach them by phone. (The Service 344 Eucalyptus Drive
Centers phone lines tend to always be busy and Brentwood, CA 90000
even if you do get through, INS operators provide (310) 555-1212
only the barest computer-generated information.) July 16, 200x
Your best option is to check the status of your ap-
INS/California Service Center
plication online, at HYPERLINK https://
P.O. Box 10400
egov.ins.usdoj.gov/graphics/cris/jsps/caseStat.jsp
Laguna Niguel, CA 92607-0400
https://egov.ins.usdoj.gov/graphics/cris/jsps/
caseStat.jsp. You will need the processing number RE: N-400 Application for Naturalization
from your INS receipt notice. However, if the INS A-Number: A12345678
has failed to send you a receipt notice, you wont
Dear Sir/Madam:
get very far with this.
In the end, you may have to resort to old-fash- I filed an application for naturalization on May 1,
ioned letter writing to inquire about a missing re- 200x. It has been more than two months, but I have
ceipt notice, use the sample letter below as your not received a receipt notice or any other commu-
guide. Always prominently include your A-number nication from you. I did receive the U.S. Postal
(from your green card) since this number is used to Services certified mail receipt, indicating that my
track applications before the INS assigns them a pro- application arrived safely in your office. A copy of
cessing number. that receipt is enclosed. I am concerned, however,
that you do not yet appear to have deposited the
The INS address in the sample letterthe Cali-
check that I included with the application.
fornia Service Centeris provided only by way
of example and may not be the one for you. When Please advise me of the status of my application at
modifying the sample letter, use the address of the INS the above address or phone number. I look for-
Service Center to which you originally mailed your citi- ward to your response.
zenship application.
Very truly yours,
Include copies of your certified mail receipt and Lilka Sobeska
your cashed check (and any other proof that your
application was filed) along with your letter. Copy Enclosure: Copy of Certified Mail Receipt
both sides of the checkthe INS stamps a number
on the back of the check thats used to trace your
application. If you dont get a reply within four
If your letters do not produce results, consult an
weeks, write another, similar letter. Keep writing ev-
attorney (Chapter 10 has tips on finding a good one)
ery two weeks until you get an answer.
or call a U.S. Congresspersons office for help, as
Start with polite, short letters and get more insis-
described below in Section E.
tent as time goes on. Be careful, however, and
Eventually, you will get a receipt notice from the
never insult or threaten a government official. If
INS Service Center, whether in response to your first
your letter is interpreted as a threat, your citizenship
inquiry or in the normal course of processing. Some-
application will be denied and you may be subject
time after thatthe exact timing remains mysteri-
to criminal prosecution.
ousyour case will be transferred to your local INS
office.
b. Incomplete or Lost Portions of Your the money order to find out whether it has been
Application cashed. Ask the company to send you a copy of the
cashed money order to prove to the INS that it did
If you receive an INS request for more documenta-
indeed receive your money. If you cant get a copy
tionsuch as photos or a missing documentgather
of the cashed money order, send the INS a copy of
whatever was asked for and get it in the mail as
your receipt and an explanation. Hopefully, the INS
soon as possible. Use the same precautions detailed
will stop bugging you for the money.
in Section B1, aboveinclude the notification form
Some applicants receive INS requests for things
as a cover sheetand make a copy for yourself.
that dont existproof of having paid child support,
What should you do if youre asked for some-
for example, even though the applicant has no chil-
thing that you know youve already sent? This is sur-
dren. This usually results from a processing error
prisingly commonin fact, an investigative report
for example, the INS officer issued a form letter and
by The Oregonian newspaper found that, With 25
forgot to cross off an item, or an INS officer didnt
million case files in storage, the INS misplaces tens
have an applicants complete immigration history
of thousands of files each year80,000 in 1998
available. If you receive one of these requests, write
aloneand leaves immigrants to resubmit applica-
a polite letter explaining why it is impossible to
tions and pay fees all over again. (From INS Bu-
comply with this request.
reaucracy, Blundering Create The Agency From
Hell, by Brent Walth and Kim Christensen, The Or-
c. Important Information on Your Receipt
egonian, Monday, December 11, 2000.) If the INS
requests something inexpensive or easy to produce, Notice
dont waste time arguingeven if you have photo- Carefully examine your receipt notice from the INS
copies proving that you already sent the item. As- Service Center. It contains some important pieces of
sume it has been lost and send another one. information, including an estimate of when youll
Lost checks or money orders are a different mat- attend your interview and your files application
ter. Do not send the INS another check or money number.
order until you find out what happened to the first The estimatein the main body of the noticeis
payment. If you sent a check and havent received a guess as to how long it will take for the INS to
information about it with your monthly bank state- schedule an interview with you. In the sample no-
ment, ask your bank to determine whether the tice in this chapter, youll see that one California INS
check has been cashed. If it has been cashed, get office had an estimated waiting period of 460
the check and send the INS a copy of both sides, so dayswell over a year! The estimate not only gives
that INS officials can see their own stamp and pro- you a rough idea of when youll attend your inter-
cessing number on the back. If the check hasnt view, but also a sense of when to start inquiring if
been cashed, send a new check, but make sure to your interview is delayed.
stop payment on the old check first. (Of course, the
The estimate on your receipt notice is not a
INS has been known to relocate lost checks even
guarantee. Dont be surprised if you must wait
after new checks have been sent, then attempt to
longer than the time originally estimated on your re-
cash the old ones and demand yet another set of
ceipt notice to get your interview appointment.
checks from applicants when the old checks
Your application numberits in one of the boxes
bounce. If avoiding delays is extremely important to
near the top of the receipt noticeis the number used
you, go ahead and give the INS an opportunity to
to identify your application throughout the Service
double-charge you, by not stopping payment on the
Centers processing. In the sample, the application
first checkbut we think this is a case where its
number starts with WSCfor Western Service Cen-
worth arguing it out with the INS.)
ter. Each Service Center has its own three-letter code.
If you sent a money order and kept the receipt
Include your application number in any follow-up cor-
with the tracer number, call the company that issued
respondence with the Service Center.
2. Your Applications Second Stop: An involve filling out a form and waiting for the INS to
INS District Office respond in writing.
After you get your receipt notice from the INS Ser-
a. Your Fingerprint Appointment
vice Center, your case file will be transferred to your
local INS District Office. Unfortunately, the INS Within six months after youve submitted your appli-
wont notify you when this transfer happens. If your cation, the INS should send you an appointment no-
fingerprints or interview arent scheduled by the tice to have your fingerprints taken. (A sample fin-
normal time in your district, correspond with both gerprint appointment notice is shown below.) You
the Service Center and the District Office, as de- cannot submit a card with your fingerprints on them
scribed in subsection b, below. (as your friends may have done in past years); the
Usually within six months of your receipt notice, INS must fingerprint you in person. Your finger-
you will get your fingerprint appointment notice. prints will be sent to the FBI, which will summarize
Getting this notice is probably a sign that your case any criminal or immigration charges or convictions
has been transferred to the District Officebut its on your record.
not a sure sign. For more on the fingerprint appoint- Every applicant older than 14 and younger than
ment notice, see subsection a, below. 75 must provide fingerprints. If your fingerprints
Dont count on just checking in with the INS to cant be taken, perhaps because of skin conditions
monitor your applications progress. No matter or physical deformities, the fingerprinting officer
which office has your file, the INS generally refuses may waive this requirement and ask you to supply
to respond to inquiries until youve waited past the local police clearance statements instead. Youll
normal processing timenormal, unfortunately, have to go to the appointment and let the officer
tends to be many months. Among the factors that figure this out himselfadvance correspondence
can affect your waiting period are the number of with the INS isnt likely to get you very far.
people in line ahead of you and how well the INS is The fingerprint notice instructs you to bring your
doing at getting those people through the applica- green card with you as photo identification. The rea-
tion process. You can get an up-to-date estimate of son is obviousthe INS doesnt want people with
how long it takes to get a fingerprint appointment criminal records to send someone with a clean
by going to the information line of your local INS record in their place.
office or talking to the staff of local nonprofit agen- Since any delay in the process increases the
cies serving immigrants. (This is not information that chances that the INS will delay or misplace your ap-
you can get by phoning the INS.) plication, we recommend that you try your best to
Even if youre sure that your application is at the attend your fingerprint appointment. If you really
INS District Office, its still a challenge to track it. cant make it on the appointed day, check the box
INS District Offices do not accept phone calls from near the bottom your appointment notice indicating
applicants, period. If youve waited too longwe when youd like your next appointment, copy the
describe average waiting periods in subsections a notice for your records and send the original to the
and bfor your fingerprints or interview, you must District Office address listed on the notice. You
follow the local INS procedures for making an in- should receive a new appointment notice.
quiryprocedures that vary from district to district. If you dont receive a fingerprint appointment no-
Usually, the best way to start is to wait in the infor- tice within six months or your local INS districts ex-
mation line at the District Office. (If you dont al- pected time, you should follow up with both the
ready know where your local INS District Office is, INS Service Center and the District Officeyour ap-
see Appendix A or check the INS website plication could be at either office.
(www.ins.gov). Someone at the District Office will Write to the INS Service Centeruse the sample
advise you of the offices procedures, which usually letter, below, as a templateand visit your local
District Office in person.
b. Your Interview Appointment

Sample Letter to Service Center Within a few months after your fingerprints are
Regarding Delayed Fingerprint taken youll receive your interview notice. (A
Appointment sample notice is provided below). Usually, you have
about two weeks warning before your interview
[Your address]
so avoid taking any long vacations while youre
[Address of the Service Center for your geographic waiting. If you miss an interview, youll find that re-
region] scheduling leads to long delays. (The interview pro-
cess is discussed in more detail in Chapter 8.)
RE: N-400 Application for Naturalization
As we indicated earlier, the time estimate on your
Application Number: [insert the number from receipt notice is not a guarantee of how long you
your receipt notice] will wait for an interview appointment. However, if
youve waited longer than the estimate, its time to
Dear Sir/Madam:
either visit your local INS office in person or to use
I filed an application for naturalization on [date]. local District Office procedures to make an inquiry.
Enclosed is a copy of my filing receipt. It has been Youll need to give the INS a copy of your receipt
[length of time] and I have not received a finger- notice and point out that the predicted time has
print appointment notice. passed.
Please advise me of the status of my application at

the above address or phone number. I look for-
ward to your response.
Very truly yours,
[Your name]
Enclosed: Copy of Service Center Receipt Notice
Grand Canyon, Arizona

BETWEEN FILING AND INTERVIEW: DEALING WITH THE WAIT 4/ 1 1
If more than 15 months pass between your fin- That said, some people will have no choice but to
gerprint appointment and your interview ap- moveor simply cant tolerate spending months,
pointment, youll probably get another fingerprint ap- and even years, waiting for an appointment without
pointment notice. This isnt a mistake. Your case wont taking a vacation. If you do go on vacation, have a
go forward until the FBI has run a new check on your friend check your mail. Leave a number where you
record, because the INS figures that after 15 months can be reached if your fingerprint or interview no-
you had time to get into some new trouble. You wont, tice arrives. If the scheduled date occurs while
however, have to pay a second fingerprinting fee. youre vacationing, write to the office whose address
is on the notice, requesting a new appointment. Do
this before, not after, the scheduled appointment. If
Lawyers Get Special Access youve already missed one appointment, however,
for Case Inquiries come back from your vacation early. The INS rarely
gives third chances.
The INSs reputation for avoiding case inquiries
If you move to a different city, youll need to do
from immigration lawyers may slowly be chang-
two things:
ing. After a great deal of community pressure, not
advise the INS of your change of address, and
to mention some well-publicized scandals in
figure out if youre still within the same INS dis-
which the INS had misplaced thousands of citi-
trict.
zenship applications, the INS seems to be clean-
Advising the INS of your change of address is not
ing up its act. Immigration lawyers now receive
the same as advising the U.S. Post Office. Fortu-
special fax numbers with which to make inquir-
nately, there is now a convenient method for notify-
iesand sometimes even supervisors phone
ing the INS of your address change: Call 800-375-
numbers. Unfortunately, these phone numbers are
5283 between 8:00 a.m. and 6:00 p.m., Monday
not available to the general publicand probably
through Friday. Press 1 for pending cases, then 2
never will be, given the number of faxes that the
for changes of address. Youll need to be ready with
INS would then have to deal with. If youre getting
your A-number, the processing number from your
nowhere with your personal inquiries, this might
receipt notice and, of course, your old and new ad-
be the time to hire a lawyer. Dont expect
dresses. This service is only provided in English.
miracles, howeversometimes even the lawyers
In addition, check in regularly with the new occu-
are told nothing more than that an applicants
pants of your former home, if possiblejust in case
case is pending or still in line.
the local INS office doesnt succeed in entering your
See Chapter 10 for information on how to find
address change into its records. Youll also probably
an immigration attorney.
want to advise the Post Office as well, because it
will forward your mail to you after you movebut
only for a limited time, and without advising the
senders. Thats why its important to use the INS
procedure described above.
C. If You Move or Go on Vacation Depending on how far youre moving, you may
If youre waiting for the INS to act on your applica- end up in a different INS district. The INS has many
tion, we advise you not to go anywhere! Missing an districts within each state, and only the one serving
appointment notice can result in long delays in get- your address can help you. So, for example, if you
ting your application back on track. Worse yet, the applied for citizenship while you were living in or
INS doesnt always pay attention to your changes of near San Francisco, the San Francisco District Office
address. To top it off, transferring a file from one would have your case file. But if you moved to Sacra-
INS office to another seems to put it at risk of disap- mento before your interview, the San Francisco office
pearing forever. would no longer have the authority to hear your case.
Only the Sacramento District Office could handle it.
As a general rule, if youve moved to a different state, federal job offer. (Note, as of this books publica-
youre more than likely in a new INS district. tion, the INS was not giving airport screeners expe-
To find out if youre in a new district, go to the dited treatment.)
INS office that has your case, stand in the informa-
tion line and tell the officer where youre moving to.
If the officer determines that its a new district, ask E. When All Else Fails, Call Your U.S.
to transfer your filethen follow up in writing to Congressperson
your local District Office with the same request. Be
If you feel your case has turned into a true bureau-
prepared for a long waitasking the INS to transfer
cratic nightmare or a genuine miscarriage of justice,
files often produces delays.
ask your U.S. Congressperson for help. Some con-
If youre moving to a new state, theres an added
gressional offices have a staff person dedicated to
complication. You have to have lived in the new
helping constituents who have immigration-related
state for three months before your application can
problems. You will soon be a member of their vot-
be considered. Fortunately, because of the delays
ing public, so they have every interest in gaining
involved in transferring your file, this will probably
your support now.
not affect your citizenship eligibility. If, however,
A simple inquiry by a U.S. Congressperson can
you receive a notice scheduling you for an interview
end months of INS stonewalling or inaction. In rare
before three months in your new home have
cases, the Congresspersons office might be willing
passed, write back asking that the INS reschedule
to put some actual pressure on the INS.
the interview for a date after the three-month pe-
riod. If you dont get a response, go to the interview Example: Kyllikki applies for citizenship in De-
anywaythe INS can reschedule you at that time. cember of 2001. She attends her fingerprint ap-
pointment in June of 2002 and that is the last
she hears from the INS. She fills out an inquiry
D. Requesting Emergency Attention form in person at an INS District Office in Janu-
If there is a pressing reason that your application ary of 2003. The INS promises to respond to her
should be put ahead of all the other waiting applica- inquirybut no reply comes. In March, Kyllikki
tionsthe INS calls this expediting a casebe sure visits the INS again and is told that all people
to highlight this in a letter. Such a letter can either who applied at the same time as she did have
be included with your citizenship application or sent already been called in for interviews. Again, the
later to the office handling your case. But limit your INS promises to look into the delaybut by
cries for help to true emergencies, such as: May, she has still heard nothing. She then writes
you are about to have surgery and will be un- a letter to her U.S. Congresswoman, outlining
able to leave your hospital bed to attend an INS the problem. The Congresswoman contacts the
interview for several months INS to ask whats going on, and Kyllikki re-
you have been selected for an important federal ceives an interview notice within three weeks.
job that requires U.S. citizenship, or Your Congressperson probably wont be sur-
you have a terminal illness and want to become prised to hear from you. Illinois Congresswoman
a U.S. citizen before you die. Janice Schakowsky reports that eight out of ten calls
If your emergency is a medical one, include a letter from her constituents are complaints about the INS.
from your doctor explaining the situation. For other (See Unchecked Power of the INS Shatters Ameri-
types of emergencies, try to find an equivalent form can Dream, by Kim Christensen, Richard Read, Julie
of proof to include with your requestfor example, Sullivan and Brent Walth, The Oregonian, Sunday
a letter from a government official indicating your December 20, 2000.)
C H A P T E R
Preparing for the English Exam

A. How Much English Youll Need to Know ............................................................. 5/2
B. How the INS Tests Your English ........................................................................... 5/2
1. Testing Your Ability to Speak English .............................................................. 5/2
2. Testing Your Reading of English ...................................................................... 5/3
3. Testing Your Ability to Write English ............................................................... 5/4
C. Study Resources ................................................................................................... 5/4
I n order to pass the U.S. citizenship test, you will

need to demonstrate basic skills in reading, writ-
ing and speaking English. If youre reading this
ing English will also help you actively participate in
U.S. society.
book by yourself, youre already doing quite well. Should You Submit Your Application
Iflike many applicantssomeone is assisting you Before You Can Speak English?
through the process, thats okay, too. Ask your
friend to keep reading! The INS doesnt require you to be conversant in
This chapter wont teach you English but it will English at the time you submit your citizenship
provide: applicationonly that you have learned it by the
an idea of how much English youll need to time your interview rolls around. That gives you
know (Section A), the opportunity to take a calculated riskturn in
a description of the exam youre preparing for your citizenship application while your English is
(Section B), and still weak, then spend the months leading up to
resources for learning English (Section C). your interview studying intensively. (We discuss
study methods in Section C, below.)
If youre older than age 50 or disabled, you
If you have the discipline to study diligently,
may be able to avoid learning English. For de-
this risk should be manageable. Thanks to INS de-
tails on whether you qualify to have your citizenship
lays, you may have more time before the inter-
interview conducted in your native language, see
view than you expected! But if you are not dili-
Chapter 2, Section E.
gent or if your life is full of unpredictable crises
and obligations, dont submit your application un-
til youre comfortable in English. If you submit it
A. How Much English Youll Need to without knowledge of English, you will fail the
Know English exam and have to reapply for citizenship.
The INS does not expect you to sound like a college

professor or to win public-speaking awards. The ob-
ject of testing your English language skills is to de-
termine whether you can have a basic conversation
in Englishthat is, whether you can speak at the B. How the INS Tests Your English
same level as ordinary U.S. citizens. The INS is not For some people, the English exam can be one of
allowed to impose any extraordinary or unreason- the most difficult parts of the citizenship process.
able condition on you when testing your English. Others have been speaking English for years, and
See I.N.A. 312, 8 U.S.C. 1423. So, dont worry that may not even realize that parts of the exam are hap-
the officer will intentionally speak too quickly or pening. During the citizenship interview, you will be
use long or obscure words. tested on your ability to:
That said, we encourage you to put as much ef- speak English (see Section B1, below)
fort into learning English as you can. Being comfort- read English (see Section B2, below), and
able in English will reduce the chances of unpleas- write in English (see Section B3, below).
ant surprises at the interview. For example, many
applicants are thrown off when the INS interviewer 1. Testing Your Ability to Speak English
asks a question using different words than they
In order to pass the spoken part of the English
were expecting (such as Do you have any previous
exam, you must understand what the INS interview-
spouses? instead of How many times have you
ing officer says and make yourself understood dur-
been married?). And some interviewers were simply
ing the citizenship interview. There is no formal test
born with speaking voices that are unclear, too
of your spoken English apart from the requirement
quick or othwerwise difficult to understand. Speak-
that you speak English during the interview.
PREPARING FOR THE ENGLISH EXAM 5/ 3
Much of the interview will involve reviewing your A tape recorder can be your friend, too. If you
Form N-400, so learning the vocabulary on this form need practice with the questions, but dont want
is critical. You may find a number of words on the to impose too much on friends and family, ask one of
form difficult to comprehend. Some arent com- them to read all the questions on the N-400 application
monly used. For example, the average American into a tape recorder. Then play the tape back to your-
rarely discusses his willingness to bear arms on be- self as many times as you need.
half of the United States (translated: defend the
Another, less obvious way in which the INS tests
United States by joining the military). And when
your English ability is by watching your response to
was the last time you heard anyone discuss po-
the interviewers instructions. For example, the of-
lygamy, which is the practice of taking several hus-
ficer may say things like, Follow me, Please remain
bands or wives at the same time?
standing, Raise your right hand, Take a seat, or
Review the language in Form N-400with a dic-
Show me any documents that youve brought with
tionary in handand then have a friend read all the
you. We know of one case in which the applicant
questions aloud to you. The INS interviewer prob-
failed to take a seat when asked twice by the of-
ably wont ask you every question on the formbut
ficer. He was told to go home. In another case, an
he will ask you a good number of them. Since its
applicant failed the interview because she sat down
impossible to predict which ones hell choose, be
before the officer told her to! The lesson here is to
prepared for all of them. Youll be much more com-
listen very carefully to the interviewers instructions
fortable at the interview if you prepare!
and if you really dont understand, to ask the inter-
You dont need to know every word of the En- viewer to rephrase the sentence so you wont be left
glish language. During the interview, there may standing when you should be in your chair.
be some words you dont know or recognize. Admitting
your lack of knowledge as to a word will not be a
deadly strike against you. If you cant comprehend 2. Testing Your Reading of English
something, say to the interviewer, I dont know that
In order to test your reading ability, the INS officer
word, can you repeat what you said in another way?
will give you something to read out loud. If youre
Youll impress your interviewer if, instead of an- clearly doing well, the officer may stop you after
swering a question with yes or no (or nodding one sentenceotherwise you may have to read two
your head affirmatively or negatively), you respond or three sentences. We cannot predict your reading
in a complete sentence. This may require repeating matter, but officers have used:
part of the question back to the interviewerfor ex- passages from one of the Federal Textbooks on
ample, if she asks you What is your name? practice Citizenship (Publications M-289 and M-291). (Un-
answering My name is Charles Olisadebe rather fortunately, these arent widely available, so
than just Charles Olisadebe. Say your answers tracking them down is probably not worth your
clearly and firmly. effort.)
Ask an English-speaking friend to rephrase the the list of 100 U.S. history and government ques-
questions from Form N-400 in different ways. For tions
example, INS interviewers often shorten the ques- material from the applicants citizenship file, and
tions or put them into different words. So, for ex- N-400 applications.
ample, the form reads If you are now married, give An INS officer may also combine your reading
the following information about your spouse; exam with your U.S. history and government
Spouses Family Name. However, the INS inter- examasking that you read and answer a few ques-
viewer is more likely to ask, Whats your husbands tions out loud. In general, its better to focus on
name? learning to read English than on trying to predict
what youll be asked to read.
As you learn English, however, remember that C. Study Resources

reading out loud is a separate skill than reading qui-
Children learn languages by listening, but for adults
etly to yourself. Some people can understand words
its not so easy. Fortunately, many communities have
on a page without understanding how the sentence
a wonderful resource called adult schools or adult
flows or how the words are pronounced. So, prac-
education programs, which offer classes in ESL
tice reading out loudnot only will it help you on
(English as a Second Language) and citizenship
this portion of the exam, but youll find that it im-
exam preparation. These programs are held on the
proves your ability to remember English words. Be
campuses of local schools, community centers or
sure to pause just a little after the end of every sen-
community colleges, usually on evenings or week-
tence, so that it doesnt sound like youre running all
ends. The class term is typically six weeks to two
the words together. Ask a friend to listen and cor-
months long and the tuition is usually fairly low or
rect your pronunciation while you read your Form
even free.
N-400 or a newspaper out loud.
To find an adult school or program near you, ask
at your local library, community center, public
3. Testing Your Ability to Write English school district or community collegeyou may have
To test your ability to write English, the INS inter- a hard time finding them in the local phone book or
viewer will ask you to write down two or three sen- Yellow Pages. Also ask your friends, immigrant or
tences that he dictates (says out loud). These sen- American, whether theyve taken any evening
tences are, for the most part, not difficult. Usually classes nearby. Look for a program that fits your
they come from the INSs list, reproduced at the end schedule and needs. In California at least, most ESL
of this section. Some officers use vocabulary from the and citizenship classes are offered through local
list but come up with sentences that are different. public school districts, and are free.
Spelling and punctuationthings like periods and If you cant find an adult school near you, your
commasare important, but getting the right mean- local library or bookstore may have English lan-
ing is the key to success. If the INS officer can figure guage study tapes or CDs. Theyre not as effective
out what youre trying to writethat is, its under- as studying with a live teacher, but are usually better
standable to the average personyoull pass. Still, than trying to learn English from a book.
your chances are better if you spell everything per- Often, classroom or other formal study isnt
fectly. enough when it comes to learning a language. If
youve been shy about using your English up until
Example 1: The INS officer asks Benjiro to write
now, its time to come out of your shell. Practice on
The sky is blue. He writes The sky iz blu. He
your children, the bus driver and the local store
may pass the writing portion of the exam, be-
clerk. Youll find that many Americans are eager to
cause the INS officer can understand what he
help you learn, once they see that youre making an
has written. However, some INS officers are
effort. You may find it helpful to listen to talk-radio
stricter than others.
shows or watch television. The more you speak and
listen, the more youll remember.
Example 2: The INS officer asks Junko to write,
The sky is blue. Junko writes, The sky is
blew. She fails the writing portion of the exam,
because blewthough its an actual word
has a different meaning than blue, turning the
sentence into nonsense.
PREPARING FOR THE ENGLISH EXAM 5/ 5
Official INS List of Sample Sentences
Below is the official list of sentences that INS officers usuallythough not alwaysdraw from in order to test
the applicants written English. This list is reproduced from the INS website (wws.ins.gov). The blank lines in-
dicate where the INS officer will insert an appropriate word or name for you to write.
CIVICS/HISTORY EVERYDAY LIFE

There are three branches of Government. He came to live with his brother.
He has a very big dog.
A Senator is elected for 6 years.
He knows how to ride a bike.
________ is the Vice President of the United States.
He wanted to find a job.
All people want to be free.
He wanted to talk to his boss.
America is the land of freedom.
He went to the post office.
All United States citizens have the right to vote.
His wife is at work right now.
America is the home of the brave.
His wife worked in the house.
America is the land of the free.
I am too busy to talk today.
_________ is the President of the United States.
I bought a blue car today.
Citizens have the right to vote.
I came to _______ (city) today for my interview.
Congress is part of the American government.
I count the cars as they pass by the office.
Congress meets in Washington, D.C.
I drive a blue car to work.
Congress passes laws in the United States.
I go to work everyday.
George Washington was the first president.
I have three children.
I want to be a citizen of the United States.
I know how to speak English.
I want to be an American citizen.
I live in the State of ____________.
I want to become an American so I can vote.
I want to be a United States citizen.
It is important for all citizens to vote.
It is a good job to start with.
Many people come to America for freedom.
My car does not work.
Many people have died for freedom.
She can speak English very well.
Martha Washington was the first first lady.
She cooks for her friends.
Only Congress can declare war.
She is my daughter, and he is my son.
Our Government is divided into three branches.
She needs to buy some new clothes.
People in America have the right to freedom.
She wanted to live near her brother.
People vote for the President in November.
She was happy with her house.
The American flag has stars and stripes.
The boy threw a ball.
The American flag has 13 stripes.
The children bought a newspaper.
The capital of the United States is Washington, D.C.
The children play at school.
The colors of the flag are red, white, and blue.
The children wanted a television.
The Constitution is the supreme law of our land.
The man wanted to get a job.
The flag of the United States has 50 stars.
The teacher was proud of her class.
The House and Senate are parts of Congress.
The white house has a big tree.
The people have a voice in Government.
They are a very happy family.
The people in the class took a citizenship test.
They are very happy with their car.
The President enforces the laws.
They buy many things at the store.
The President has the power of veto.
They came to live in the United States.
The President is elected every 4 years.
They go to the grocery store.
The President lives in the White House.
They have horses on their farm.
The President lives in Washington, D.C.
They live together in a big house.
The President must be an American citizen.
They work well together.
The President must be born in the United States.
Today I am going to the store.
The President signs bills into law.
Today is a sunny day.
The stars of the American flag are white.
Warm clothing was on sale in the store.
The Statue of Liberty was a gift from France.
We are very smart to learn this.
The stripes of the American flag are red and white.
We have a very clean house.
The White House is in Washington, D.C.
You cook very well.
The United States flag is red, white, and blue.
You drink too much coffee.
The United States of America has 50 states.
You work very hard at your job.
There are 50 states in the Union.

C H A P T E R
Preparing for the U.S. History

and Government Exam
A. Your Exam Preparation Strategy ........................................................................... 6/2
B. Learning the Answers to the 100 Questions ......................................................... 6/3
1. The U.S. Flag and What It Stands For .............................................................. 6/3
2. U.S. Independence and Early History .............................................................. 6/5
3. The U.S. Constitution ...................................................................................... 6/7
4. The U.S. Federal Government Today .............................................................. 6/9
5. Your State and Local Government ................................................................. 6/13
6. Recent U.S. History ....................................................................................... 6/14
7. Questions on Becoming a U.S. Citizen .......................................................... 6/15
C. The 25 Questions for Applicants Age 65 and Older ........................................... 6/15
1. The List of 25 Questions ................................................................................. 6/15
2. The List of 25 Answers ................................................................................... 6/17
I n order to become a U.S. citizen, you must pass

an exam covering U.S. history and government. This
memorization makes your task harder, not easier.
For example, consider the question What are the
exam is part of your citizenship interview and in three branches of our government? If you dont
most INS offices the officer will, somewhere in the have any idea what the words Legislative, Execu-
course of interviewing you, simply ask you up to 14 tive and Judicial mean, you may run into trouble
questions chosen from a list of 100. (In some INS answering this question at your exam. For that rea-
offices, however, the officer will hand you a mul- son, its best to understand at least a little bit about
tiple choice test to complete in writing during your the background and meaning of all 100 questions,
interview.) If youre older than 65, and have been a and not just memorize the answers.
permanent resident for 20 years or more, youll be That said, were not advocating that you immerse
asked only ten questions, chosen from a smaller yourself in all 200-plus years of American history.
pool of 25 potential questions. After all, the INS officer only expects you to give her
For the average applicant, the questions should the answer that appears on the official INS listin
be chosen randomly. However, INS officers are sup- the same or similar words, with no added informa-
posed to select easier questions if your studying tion. Instead, we recommend a combination of
would have been hampered by such factors as ad- memorization and background study. First, develop
vanced age or lack of education. You must answer some understanding of the background behind each
all but two questions correctly in order to pass this question and answer, then, launch into memorizing
exam. After studying this chapter, you should be the answers on the INS list.
able to do just that. In Section A, we give you a
Example: During her citizenship exam, Matilde
strategy for preparing for the exam. In Section B, we
was asked, Who was Martin Luther King, Jr.?
help you prepare by reviewing the pool of 100 po-
Matilde responded, I have a dream, quoting
tential questions and by providing answers. In Sec-
from one of Martin Luther Kings speeches.
tion C, we review the smaller list of easier questions
Matilde was working on her Ph.D. dissertation
for people age 65 or older.
in modern U.S. history at a prestigious university
If youre age 65 or older and have had a green and she knew quite a bit about Martin Luther
card for 20 years, you are allowed to study a King, Jr. But the answer that the officer was
shorter list of 25 questions (see Section C). Even if you looking for was the one on the list: A civil
qualify for this easier exam, we recommend that you rights leader. The officer counted Matildes an-
still read Sections A and B, below. The background in- swer as wrong.
formation will be useful as you study, and there will be
Youll see that some of the 100 questions are dif-
a great deal of overlap in the questions.
ficult and some are surprisingly easy. Memorizing
the 13 original U.S. colonies is tough, but describing
the colors of the flagred, white and blueis not.
A. Your Exam Preparation Strategy INS officers are not supposed to just throw all the
This may be the only exam you take where you re- hardest questions at you, no matter how cranky they
ceive all the possible questions and answers ahead may be feeling that day. In fact, if you are elderly or
of time. But having the answers doesnt mean you have a limited education, theyre supposed to limit
are guaranteed to pass. Like any exam, if you fail to their questions to the easier ones. In all likelihood,
prepare, youll flunk. In this section well suggest you will get a mix of easy and difficult questions in
some preparation strategies. your interview.
You could pass the citizenship exam by simply Even though you probably wont get all the hard
memorizing the answers to all of the questions. That questions, should you still do your best to memorize
may work for some applicantsthough probably every one of them? Keep in mind that you will have
not if they wait until the night before the interview only eight to 14 questions in which to prove your-
to attempt itbut generally, relying solely on self. If the officer asks you the few questions that
PREPARING FOR THE U.S. HISTORY AND GOVERNMENT EXAM 6/ 3
you decided not to learn (or you happen to forget a tion and look for your language. You will need Adobe
few answers on top of the few you avoided) you Acrobat in order to download this guide. The questions
will fail the exam. are printed near the back of the Guide. For questions
that are not translated or for other languages, you will
The INSs list of 100 questions is a superficial
have to have a friend translate the questions and an-
history lesson focusing on basic, not controver-
swers for you.
sial facts. Dont expect to find out much about free
speech, civil rights or other important issues. If youre Weve grouped the questions and answers into
interested in learning more about what really happened seven categories:
during the two centuries of American history we rec- the U.S. flag and what it stands for (Section B1)
ommend easy-to-understand history texts such as Dont U.S. independence and Revolutionary War his-
Know Much About History: Everything You Need to tory (Section B2)
Know About American History but Never Learned, by the U.S. Constitution (Section B3)
Kenneth C. Davis (Avon), and A Peoples History of the the U.S. federal government today (Section B4)
United States: 1492 to Present, by Howard Zinn your state and local government (Section B5)
(Harper Perennial). recent U.S. history (Section B6), and
becoming a U.S. citizen (Section B7).
B. Learning the Answers to the 100

Questions
In this section, weve taken the 100 questions on the
official INS list and rearranged them into categories.
Then weve written a paragraph or two to summa-
rize the questions and provide some background for
them to make sense. At the end of these paragraphs,
we give you some of the 100 questions so that youll
have a chance to test yourself. Look for the shaded
boxes on the following pages to find the answers.
Weve presented the 100 questions in a logical United States Flag

flow based on subject matter. The INS does not
organize the questions in this manner; the agency
scrambles the questions randomly. In Appendix B,
1. The U.S. Flag and What It Stands For
weve included the official list of questions as presented You have no doubt seen the red, white and blue
by the INS. American flag, shown below
If the illustration were in color, you would see
If you wont be interviewing in English, get that the 13 dark stripes are red. They represent the
translations of the questions. Applicants who, original 13 states that formed the United States when
because of age or disability (see Chapter 7) are eligible it was founded in 1776. At that time, however, they
to do the INS interview in their native language should were not called states, but colonies. Youll recog-
obtain translations of the 100 history and government nize their names as present-day U.S. states nonethe-
questions. If you speak Spanish, Tagalog, Chinese or less: Connecticut, New Hampshire, New York, New
Vietnamese, you can find translations of a substantial Jersey, Massachusetts, Pennsylvania, Delaware, Vir-
number of the questions and answers at the INS ginia, North Carolina, South Carolina, Georgia,
website (www.ins.gov). On the left side of the home Rhode Island and Maryland. Locate these on the
page, click Immigration Services and Benefits, then map below. With your pencil, put a star on each of
click Naturalization, then click Guide to Naturaliza- the 13 original colonies.
The United States
The 50 white stars on the flag represent the 50 The American flag is an important symbol. Thats
states in the United States today, also shown on our why our national song (or national anthem) was
map. written about it. The title of the our national anthem
The United States is sometimes referred to as the is The Star-Spangled Banner, composed by Francis
union. That means the voluntary joining of the Scott Key. The title is a poetic name for the flag
various states, each of which also has its own gov- with stars all over it (which would not have
ernment. So when you are asked how many states sounded as nice). Spanish speakers wont have
are in the union, it simply means in the United much trouble remembering the word banner, be-
States. You wont have to memorize the names of all cause its related to the Spanish word for flag,
50 states, but you will have to know the 49th and bandera.
50th states to join the union: Alaska and Hawaii. Congratulationsyouve now learned enough to
Thats easy to remember because they are the only answer 12 of the questions on the citizenship exam.
ones whose land is not connected to the rest of the Try not to look at the paragraphs above as you an-
United States. swer the questions below.
1. What are the colors of our flag? ___________________________________________

2. How many stars are there in our flag? ______________________________________
3. What color are the stars on our flag? _______________________________________
4. What do the stars on the flag mean? _______________________________________
5. How many stripes are there in the flag? ____________________________________
6. What color are the stripes? _______________________________________________
7. What do the stripes on the flag mean? _____________________________________
8. How many states are there in the union? ___________________________________
9. Can you name the thirteen original states? __________________________________
10. What are the 49th and 50th states of the Union? ____________________________
11. What is the national anthem of the United States? ___________________________
12. Who wrote the Star-Spangled Banner? _____________________________________
13. What were the 13 original states of the United States called? __________________
14. How many states are there in the United States? _____________________________
2. U.S. Independence and Early History dians helping them learn things like how to plant
corn. The Pilgrims and the Indians held a great har-
Before Europeans landed in America, the land was
vest feast together which later became the model for
populated by tribes of native people now often re-
the holiday called Thanksgiving. The Pilgrims are
ferred to as Native Americans. (Through much of
sometimes also referred to as the Colonists, since
American history, they have been referred to as In-
they were among the first people to set up colonies
dians because the early explorers mistakenly be-
in America.
lieved they had landed in India). Europeans became
Now well fast-forward about a hundred years.
interested in America in the 1400s and 1500s, and
By the mid-1700s, the American colonies were
attempted various explorations and settlements.
mostly under the protection of England, which im-
However, the most famous settlement in U.S. history
posed high taxes and exerted control in return. The
was that of the Pilgrims, who arrived on a boat
colonists were unhappy with this. After small-scale
called the Mayflower (in 1620, but you wont be
battles and angry negotiations and proclamations be-
asked for this date). They were originally from En-
tween the colonists and England, the Revolutionary
gland, all members of a religious sect. They believed
War broke out in 1775. George Washington was ap-
that the Church of England was harassing them for
pointed Commander-in-Chief of the military (the first
their religious views, so they left in search of a safer
one ever). One of the famous statements in favor of
environmentthats why the INS says they came to
American freedom during this time period came from
America for religious freedom.
Patrick Henry, an outspoken lawyer and statesman,
If you have children in school, youve probably
who said, Give me liberty or give me death.
seen pictures of the Pilgrims, with the American In-
In recognition of this important declaration, July

4th is now celebrated with fireworks and parties as
Independence Day.
George Washington crossing the Delaware
On July 4, 1776, the colonists announced in the

Declaration of Independence that they considered Abraham Lincoln
themselves free from all English control. The main
author was Thomas Jefferson. One of his arguments Time to fast forward again, to the 1860s. During
for why England should grant independence to the the presidency of Abraham Lincoln, the United
colonies was that all men are created equal. States went through one of its most difficult periods:
the Civil War. This war was fought between the
If youd like to see the full text of the Declaration
United States northern and southern states. One of
of Independence, ask at your local law library or go
the issues was whether the slavery of Africans
to the website of the National Archives (www.nara.gov).
should continue. During the third year of the war,
Click Exhibit Hall, then click Charters of Freedom, then
President Lincoln issued the Emancipation Procla-
click Declaration of Independence.
mation, declaring that all the slaves in the rebel-
lious southern states were now free.
Signing the Declaration of Independence American Eagle
ANSWERS:
1. Red, white and blue 2. 50 3. White 4. One for each state in the Union 5. 13 6. Red and white 7. They represent
the 13 original states 8. 50 9. Connecticut, New Hampshire, New York, New Jersey, Massachusetts, Pennsylvania,
Delaware, Virginia, North Carolina, South Carolina, Georgia, Rhode Island and Maryland 10. Hawaii and Alaska
11. The Star-Spangled Banner 12. Francis Scott Key 13. Colonies 14. 50
Now lets test what youve learned in this section.
15. Why did the Pilgrims come to America? ____________________________________

16. What holiday was celebrated for the first time by American colonists? __________
17. Who helped the Pilgrims in America? ______________________________________
18. What is the name of the ship that brought the Pilgrims to America? _____________
19. What is the 4th of July? __________________________________________________
20. What is the date of Independence Day? ____________________________________
21. Independence from whom? _______________________________________________
22. What country did we fight during the Revolutionary War? _____________________
23. Who said, Give me liberty or give me death? ______________________________
24. Who was the main writer of the Declaration of Independence? ________________
25. When was the Declaration of Independence adopted? ________________________
26. What is the basic belief of the Declaration of Independence? __________________
27. Which President was the first Commander-in-Chief of the U.S. military? ________
28. Who was President during the Civil War? __________________________________
29. What did the Emancipation Proclamation do? _______________________________
30. Which President freed the slaves? _________________________________________
3. The U.S. Constitution

Now that the American colonies had their freedom We the People
from England, it was time to think about getting or-
Although you dont have to learn the Preamble to
ganized as a country. A group of men representing
the Constitution, it provides an important message
the various colonies met in Philadelphia and drafted
for all U.S. citizens. Heres what it says:
the Constitution of the United States, which they fin-
ished writing in the year 1787.
We the People of the United States, in Order to form a
If you want to read the full text of the Constitu- more perfect Union, establish Justice, insure domestic
tion, ask at your local library or go to Tranquility, provide for the common defense, promote
www.nara.gov online. Click Exhibit Hall, then click the general Welfare, and secure the Blessings of Lib-
Charters of Freedom, then on the Constitution. erty to ourselves and our Posterity, do ordain and es-
According to the INS list of questions, the Consti-
tablish this Constitution for the United States of
tution is the supreme law of the landmeaning
America.
that it sets out the basic governmental structure and
fundamental guidelines which govern all other laws
and acts of government in the United States. The in-
troduction to the Constitution is called the Preamble.
One of the most important subjects covered by

the Constitution is the structure and function of the
Freedoms Established in the Bill of Rights
U.S. government. Because so many of the questions
on the citizenship exam concern governmental
the right of freedom of speech, press, religion, peace-
structure, weve reserved this for a separate discus-
able assembly and requesting change of government.
sion. See Section B4, below.
After the Constitution was sent to the states for the right to bear arms (the right to have weapons or
approval, many protested that it did not say enough own a gun, though subject to certain regulations)
about protecting the rights of individual people.
the government may not quarter, or house,
Since the Constitution can be changed, through a
soldiers in the peoples homes during peacetime
process called amendment, the first U.S. Congress
without the peoples consent.
wrote the first ten Amendments to the Constitution,
which are called the Bill of Rights. protects people against excessive or unreasonable
The Bill of Rights guarantees rights to both citizens fines or cruel and unusual punishment, and
and non-citizens of the United States. The First Amend-
the people have rights other than those mentioned in
ment is particularly important: here is what it says:
the Constitution. Any power not given to the federal
government by the Constitution is a power of either
the state or the people.
First Amendment
Congress shall make no law respecting an In the years since the Constitution and Bill of
establishment of religion, or prohibiting the free exer- Rights were written, other changes, or Amendments
cise thereof; or abridging the freedom of speech, or of have been added to the Constitution. Today there
the press; or the right of the people peaceably to as- are a total of 27 Amendments.
semble, and to petition the Government for a redress of A stray question from the past. Although it
grievances. doesnt appear on the current list of 100 ques-
tions, some INS officers still ask the following question:
Name one Amendment that guarantees or addresses
voting rights? You can answer either the 15th, 19th or
In other words, people are guaranteed rights to 24th Amendment.
freedom of religion, freedom of speech, a free press,
freedom of peaceful assembly (to gather as a group)
and freedom to ask the government to redress griev- ANSWERS:
ances (fix things that it has done wrong). 15. For religious freedom 16. Thanksgiving
The other amendments include other rights and 17. The American Indians (Native Americans)
freedoms. One of the exam questions asks you to 18. The Mayflower 19. Independence Day 20. July
4th 21. England 22. England 23. Patrick Henry
name three rights or freedoms from the Bill of
24. Thomas Jefferson 25. July 4, 1776 26. That all
Rights (the first ten Amendments). You can choose men are created equal 27. George Washington
from the following list, which well copy here ex- 28. Abraham Lincoln 29. Freed many slaves
actly as it appears on the INS list of answers. You 30. Abraham Lincoln
can, if you wish, put these into your own words.
Heres the test of what youve learned in this section:
31. What is the Constitution?_________________________________________________

32. Can the Constitution be changed? _________________________________________
33. What do we call a change to the Constitution? ______________________________
34. How many changes or Amendments are there to the Constitution? _____________
35. What is the Supreme Law of the United States? ______________________________
36. What is the Bill of Rights? ________________________________________________
37. Where does Freedom of Speech come from? ________________________________
38. Name 3 rights or freedoms guaranteed by the Bill of Rights. ___________________
39. In what year was the Constitution written? __________________________________
40. What are the first ten Amendments to the Constitution called? _________________
41. Whose rights are guaranteed by the Constitution and the Bill of Rights? _________
42. What is the Introduction to the Constitution called? __________________________
43. Name one right guaranteed by the First Amendment. ________________________
4. The U.S. Federal Government Today The U.S. is said to have a republican form of
government. This use of the word republican doesnt
Many questions on the U.S. citizenship exam ask
mean to imply that the government is always run by
about the U.S. federal, or national, government.
the Republican Party. In this context, the word re-
Once you understand the governments basic struc-
publican means that the federal government wont
ture, these questions are not as hard as they look. In
extend its powers into matters that are the concern
any case, this information will be important once
of individual U.S. states. In other words, the states
you become a citizen because it will help you un-
keep some sovereignty or power over the people
derstand what the federal government is doing.
living within them, and those people thereby gain
After you are a citizenassuming youre of voting
some protection from centralized U.S. government
age (the minimum age is 18)youll have a chance
control.
to cast your vote for many of the political figures
The federal government is divided into three
described in this section. At some point, you may
branches, the executive, legislative and judicial
also want to affiliate with a political party. The two
branches. The three branches share power among
main political parties in the United States are the
themselves. Look at the diagram on the next page.
Democratic and Republican parties. We wont try to
The executive branch is the one associated with
describe the differences in philosophy between the
the White House. In fact, the White House is the
two parties. Youll develop your own sense of this
Presidents official home and office. The next time
by following the news and the words of various
youre in Washington, D.C., you can visit the White
politicians. The INS wont ask you to describe the
Houseits address is 1600 Pennsylvania Avenue, NW.
parties philosophies or differences.
Executive
Judicial
Legislative
Three Branches of Government
The executive branch includes the President, the In order to run for President, a person must:
Presidents cabinet (special advisors in different sub- be a natural born citizen of the United States
ject areas, such as the Secretary of Defense or of the be at least 35 years old by the time he or she
Treasury) and departments led by the cabinet mem- will serve as president, and
bers. The Presidents duties include leading the have lived in the United States for at least 14
country, serving as Commander-in-Chief of the U.S. years of his or her life.
military, signing bills passed by Congress into law
(discussed below) and much more.
ANSWERS:
31. The supreme law of the land 32. Yes 33. Amendments 34. 27 35. The Constitution 36. The first 10
Amendments of the Constitution 37. The Bill of Rights 38. (A) The right of freedom of speech, press, religion,
peaceable assembly and requesting change of government (B) The right to bear arms (the right to have weapons
or own a gun, though subject to certain regulations) (C) The government may not quarter, or house, soldiers in
the peoples homes during peacetime without the peoples consent (D) The government may not search or take a
persons property without a warrant (E) A person may not be tried twice for the same crime and does not have to
testify against himself (F) A person charged with a crime still has some rights, such as the right to a trial and to
have a lawyer (G) The right to trial by jury in most cases (H) Protects people against excessive or unreasonable
fines or cruel and unusual punishment (I) The people have rights other than those mentioned in the Constitu-
tion. Any power not given to the federal government by the Constitution is a power of either the state or the people.
39. 1787 40. The Bill of Rights 41. Everyone (citizens and non-citizens living in the U.S.) 42. The Preamble
43. Freedom of: speech, press, religion, peaceable assembly and requesting change of government
PREPARING FOR THE U.S. HISTORY AND GOVERNMENT EXAM 6/ 1 1
The President is elected by the Electoral College, The third branch of the U.S. federal government
a group of people who represent all U.S. citizens. A is the judiciary, made up of the Supreme Court and
presidential election is held every four years, always other federal courts. The Supreme Court interprets
in the month of November. The new President is laws. Its the last possible court of appeal for people
inaugurated, a ceremony in which he or she is suing each other or suing the government. As the
sworn into office, in January. A President can only INS says, its the highest court in the United States.
serve for a total of two terms (or eight years). The Supreme Court makes decisions on the few
The first person elected as President was George cases that it chooses to accept, and all Americans
Washington. He is now called the father of our must follow the law as the Court interprets it.
country. The current President is George W. Bush. The Supreme Court is the only branch of our gov-
We also elect a Vice President along with the ernment that isnt elected; its justices are appointed
President. The Vice President will step into the by the President. There are nine Supreme Court jus-
Presidents position if the President dies. If both of tices, one of whom serves as Chief Justice. The cur-
them should die, then the speaker of the House of rent Chief Justice is William Rehnquist.
Representatives, (explained below) becomes Presi- The citizenship exam doesnt ask much about the
dent. The current Vice President is Richard B. United States involvement in foreign affairs, but
Cheney, commonly referred to as Dick Cheney. there is one question on this topic: Youll need to
The legislative branchmade up of the U.S. Con- know the purpose of the United Nations. The
gresssits in the U.S. Capitol Building. Congress has United Nations is an international body composed
two parts: the Senate and the House of Representa- of delegates representing member nations from all
tives. The members of Congress are elected directly over the world. Its purposes include discussing and
by the U.S. votersor, as the INS states, the trying to resolve world problems and providing eco-
people. Congress makes laws that apply to the nomic aid to many countries.
whole United States. Your state and local govern-
ment also have elected bodies that can make state
and local laws. Only the U.S. Congress can declare
war, even though the President is the Commander-
in-Chief of the military.
Senators are elected every six years and every
state elects two senators. That means there are a to-
tal of 100 senators in Congress. Members of the
House of Representatives are elected every two
years. The number of representatives per state de-
pends on how many people live in that state. At this
time, there are a total of 435 representatives.
There is no limit on the number of times a sena-
tor or representative can be reelectedsome con-
gresspeople have served for most of their adult
lives; others may only serve one term. Youll need
to figure out who the current senators from your
state are for the citizenship exam. To find out, look
The U.S. Constitution
in the federal government pages of your local phone
book or go to www.senate.gov/contacting/
index.cfm and, under Senators, click By State.
Here are the questions related to this section:
44. Who is the president of the United States today? _____________________________

45. Who is the vice president of the United States today? _________________________
46. Who elects the president of the United States? _______________________________
47. Who becomes president of the United States if the president should die? ________
48. Who becomes president of the U.S.A. if the president and the vice president
should die? ____________________________________________________________
49. For how long do we elect the president? ____________________________________
50. Who was the first president of the United States?_____________________________
51. Which president is called the Father of our Country? _______________________
52. According to the Constitution, a person must meet certain requirements in order
to be eligible to become president. Name one of these requirements: ___________
53. How many branches are there in our government? ___________________________
54. What are the three branches of our government?_____________________________
55. What is the legislative branch of our government? ___________________________
56. Who makes the laws in the United States? __________________________________
57. What is Congress? ______________________________________________________
58. What are the duties of Congress? __________________________________________
59. Who elects Congress? ___________________________________________________
60. How many senators are there in Congress?__________________________________
61. Can you name the two senators from your state? _____________________________
62. For how long do we elect each senator? ____________________________________
63. How many representatives are there in Congress? ____________________________
64. For how long do we elect the representatives? _______________________________
65. What is the Executive Branch of our government? ____________________________
66. What is the Judiciary Branch of our government? ____________________________
67. What are the duties of the Supreme Court? __________________________________
68. Who is the chief justice of the Supreme Court? ______________________________
69. How many terms can a president serve? ____________________________________

70. Why are there 100 senators in the Senate? __________________________________
71. Who selects the Supreme Court justices? ___________________________________
72. How many Supreme Court justices are there? _______________________________
73. What is the minimum voting age of the United States? ________________________
74. Who signs bills into law? _________________________________________________
75. What is the highest court in the United States?_______________________________
76. What special group advises the president? __________________________________
77. Who has the power to declare war?________________________________________
78. What kind of government does the United States have? _______________________
79. Name one purpose of the United Nations. __________________________________
80. Where does Congress meet? ______________________________________________
81. What is the United States capitol? _________________________________________
82. What is the White House? ________________________________________________
83. Where is the White House located? ________________________________________
84. What is the name of the presidents official home? ___________________________
85. Who is the commander in chief of the U.S. military? _________________________
86. In what month do we vote for the president? ________________________________
87. In what month is the new president inaugurated? ____________________________
88. How many times may a senator be reelected? _______________________________
89. How many times may a congressman be reelected? __________________________
90. What are the two major political parties in the United States? __________________
5. Your State and Local Government Web at www.50states.com. These resources will also
help you find out the current governor (the head
Each state has a capital where the state government
executive) of your state. Youll also need to know
is located. For example, Sacramento is the capital of
the mayor of your town. (The INS refers to the
California and Albany is the capital of New York.
mayor as the head of your local government and as
Youll need to know your own states capitaldont
the head executive of a city government.) Again, a
just assume that its the biggest or most well-known
local librarian should know if you arent sure.
city. To find out, ask a local librarian or look on the
ANSWERS:
44. George W. Bush 45. Dick Cheney 46. The Electoral College 47. Vice president 48. Speaker of the House of
Representatives 49. Four years 50. George Washington 51. George Washington 52. Must be a natural born
citizen of the United States; must be at least 35 years old by the time he/she will serve; must have lived in the
United States for at least 14 years 53. Three (3) 54. Legislative, Executive and Judiciary 55. Congress
56. Congress 57. The Senate and the House of Representatives 58. To make laws 59. The people 60. 100
61. (INSERT LOCAL INFORMATION) 62. Six (6) years 63. 435 64. Two (2) years 65. The president, Cabi-
net and departments under the Cabinet Members 66. The Supreme Court 67. To interpret laws 68. William
Rehnquist 69. Two (2) 70. Two (2) from each state 71. Appointed by the president 72. Nine (9) 73. Eigh-
teen (18) 74. The president 75. The Supreme Court 76. The Cabinet 77. The Congress 78. Republican
79. For countries to discuss and try to resolve world problems; to provide economic aid to many countries
80. In the capitol in Washington, D.C. 81. The place where Congress meets 82. The Presidents official home
83. Washington, D.C. (1600 Pennsylvania Avenue, N.W.) 84. The White House 85. The president 86. Novem-
ber 87. January 88. There is no limit 89. There is no limit 90. Democratic and Republican
Here are the exam questions related to this topic:
91. What is the capital of your state? __________________________________________

92. Who is the current governor of your state? __________________________________
93. Who is the head of your local government? _________________________________
94. What is the head executive of a state government called? _____________________
95. What is the head executive of a city government called? ______________________
6. Recent U.S. History

The citizenship exam only includes a couple of
questions about recent U.S. history: one about
World War II and one about Martin Luther King, Jr.
World War II took place between 1939 and 1945.
All you need to know for the citizenship exam is
who the United States enemies were. The answer is
Germany, Italy and Japan.
Youll also need to know that Martin Luther King,
Jr., was a civil rights leader.
Here is how these two exam questions will be
State CapitolAlbany, New York
worded:
96. Which countries were our enemies during World War II? _____________________
97. Who was Martin Luther King, Jr.? _________________________________________
7. Questions on Becoming a U.S. Citizen that this is listed as a special benefit of U.S. citizen-
ship. The difference is that while green card holders
Now we get into a subject area that youre probably
can petition for their spouses and children to come
very familiar with: your own immigration process.
here, their relatives will face a long waiting period
The INS expects you to remember that the applica-
before coming to the United States. That waiting pe-
tion form you filled out to apply for citizenship is
riod is much shorter when the person petitioning for
called the Form N-400, Application to File Petition
them is a U.S. citizen. In addition, U.S. citizens can
for Naturalization.
petition for their parents and married children,
You must also be able to name one benefit of be-
which green card holders cannot do. For more infor-
ing a citizen of the United States. The benefits listed
mation on this benefit, see Chapter 11.
by the INS include:
For some reason, the INS doesnt classify voting
obtaining federal government jobs
as a benefit of being a U.S. citizen. Instead, it ad-
traveling with a U.S. passport, and
dresses voting as a right, by asking what is the most
petitioning for close relatives to come to the U.S.
important right granted to U.S. citizens (the answer
to live.
being the right to vote.)
If you petitioned for close relatives while you
Here are the immigration-related questions on the
were a green card holder, you may find it confusing
exam:
98. What Immigration and Naturalization Service form is used to apply to become a
naturalized citizen? _____________________________________________________
99. Name one benefit of being a citizen of the United States. _____________________
100. What is the most important right granted to U.S. citizens? _____________________
C. The 25 Questions for Applicants 1. The List of 25 Questions

Age 65 and Older The questions that youll have to study and remem-
ber include the ones listed below. We dont give a
As we explained, this easier version of the exam is
narrative to explain them, but you can find much of
only for applicants age 65 and older who have spent
the background information in Section A, above.
20 or more years as a U.S. permanent resident.
Youll need to study the following ten questions and
answer at least six out of ten of them correctly to ANSWERS:
pass your citizenship exam. 91. (FIND OUT YOUR STATE CAPITAL)
92. (FIND OUT YOUR STATE GOVERNORS NAME)
93. (FIND OUT YOUR CITY MAYORS NAME)
94. Governor 95. Mayor 96. Germany, Italy and Ja-
pan 97. A civil rights leader
1. Why do we celebrate the Fourth of July?____________________________________

2. Who was the first president of the United States?_____________________________
3. Who is the president of the United States today? _____________________________
4. What is the Constitution?_________________________________________________
5. What are the first 10 amendments to the Constitution called? __________________
6. Who elects Congress? ___________________________________________________
7. How many senators are there in Congress?__________________________________
8. For how long do we elect each senator? ____________________________________
9. For how long do we elect the representatives in Congress? ____________________
10. Who nominates judges to the Supreme Court? _______________________________
11. What are the three branches of our government?_____________________________
12. What is the highest court in the United States?_______________________________
13. What major river running north to south divides the United States? _____________
14. The Civil War was fought over what important issue? _________________________
15. Name the two major political parties in the United States today. _______________
16. How many states are there in the United States? _____________________________
17. What is the capital of the United States? ____________________________________
18. What is the minimum voting age in the United States? ________________________
19. Who was Martin Luther King, Jr.? _________________________________________
20. What nation was first to land a man on the moon? ___________________________
21. What is the capital of your state? __________________________________________
22. What is it called if the president refuses to sign a bill into law and returns it to
Congress with his objections? ____________________________________________
23. What two oceans bound the United States? _________________________________
24. What famous American invented the electric light bulb? ______________________
25. What is the national anthem of the United States? ____________________________
ANSWERS:
98. Form N-400, Application to File Petition for Naturalization 99. Obtain federal government jobs; travel with a
U.S. passport; petition to close relatives to come to the U.S. to live 100. The right to vote
2. The List of 25 Answers
1. Independence Day.
2. George Washington.
3. George W. Bush.
4. The supreme law of the land.
5. The Bill of Rights.
6. The people.
7. 100.
8. Six years.
9. Two years.
10. The president.
11. Legislative, Executive and Judicial.
12. The Supreme Court.
13. The Mississippi River.
14. Slavery or states rights.
15. Democratic and Republican.
16. Fifty.
17. Washington, D.C.
18. Eighteen.
19. A civil rights leader.
20. The United States of America.
21. [INSERT LOCAL INFORMATION].
22. Veto.
23. The Atlantic and Pacific Oceans.
Independence HallPhilidelphia, Pennsylvania
24. Edison.
25. The Star-Spangled Banner.
C H A P T E R
Overcoming Disability When

Applying for Citizenship
A. Accommodating Your Disability .......................................................................... 7/2
1. What You Can Ask For .................................................................................... 7/2
2. Requesting Accommodations .......................................................................... 7/3
B. Disability-Based Waivers of the Exam Requirements ............................................ 7/4
1. Qualifying Disabilities ..................................................................................... 7/5
2. Requesting Disability-Based Waivers .............................................................. 7/5
I f you have a physical or mental disability that

makes applying for U.S. citizenship very difficult,
challenges to someone with physical or mental dis-
abilities.
dont give up. The INS must make allowances and Fortunately, you can ask for accommodations in
arrangements for people with disabilitiesa respon- advance. If these accommodations are reasonable,
sibility that they have been paying increasing atten- and you can prove your need for them (particularly
tion to in recent years. The INS offers two types of with reports from your doctor), the INS will make
assistance: an effort to grant them.
If you can meet the basic requirements, but need
a little help at the interview or swearing-in cer- 1. What You Can Ask For
emony, the INS can provide accommodations
Although you know best what you might need in
(see Section A, below), and
the way of help, we include some examples below
If your physical or mental condition makes it im-
of the type of accommodations others might reason-
possible to learn English and/or U.S. history and
ably request. In general, the accommodations that
government, the INS can waive these exam re-
the INS will arrange usually have to do with the
quirements (see Section B, below).
physical setting of the interviewwhere its held,
You may have a disability that requires both types
how quickly youre called in, whether your wheel-
of assistanceaccommodations and an exam
chair will fit, whether you can bring a friend or
waiver. Thats fine, you can ask for both. But before
guardian, whether someone will show you the way
we go any farther, understand that nothing is auto-
if youre blind, whether someone will interpret for
matic. Even if you have been declared disabled by a
you if youre deaf and more.
doctor, the Social Security Administration or some
other authority, the INS will want to make its own Example 1: Dantes entire right side is paralyzed.
decision. The INS is not concerned whether you can He gets around using a motorized wheelchair
work or do the other things usually evaluated in a and advises the INS that he will be arriving in it.
disability exam; the agencys main concern is (Federal buildings are required by law to be
whether your disability interferes with your ability to wheelchair accessible, but unfortunately, the
complete the citizenship application requirements. law and reality dont always match up.) Since
Dante fatigues easily, he requests that the INS
If you are uncomfortable dealing with the pro-
interview him as soon as possible after he ar-
cedures described in this chapter on your own,
rives. He explains that he will not be able to
hire an immigration attorney. You may not need to pay
raise his right hand when swearing to tell the
full pricea number of nonprofits serving immigrants
truth at the beginning of the interview. Under
and refugees have attorneys or highly qualified parale-
these circumstances, the INS will allow him to
gals who help people with disabilities apply for U.S.
take the oath using his left hand. Because he
citizenship. For more on how to find helpful nonprofits,
has difficulty making himself understood, Dante
see Chapter 10.
asks permission for a close friend to accompany
himsomeone who is accustomed to his mode
of speech and can repeat his words to the INS
A. Accommodating Your Disability officer.
In a normal INS interview, you must get to the INS
office, wait an hour or more for your interview, Example 2: Athena is severely developmentally
make your way into the INS officers cubicle or disabled and hard of hearing. She was sexually
space, sit by her desk, raise your hand to take an abused as a child and now refuses to talk when
oath, answer questions and generally cope with a any man speaks to her. She (or a guardian act-
stressful situation. Any of these tasks, which might ing for her) requests that the INS provide a fe-
seem simple to another person, can seem like giant male officer who is comfortable speaking loudly
and clearly. In addition, Athena requests that the
OVERCOMING DISABILITY WHEN APPLYING FOR CITIZENSHIP 7/ 3
INS allow her mother to accompany her into the Ask your doctor to write a lettertheres no spe-
interview to help Athena and the officer under- cial form to useexplaining your condition in medi-
stand each others words and to maintain cal terms and confirming the assistance you will
Athenas comfort. (Athena separately requests need at the interview and swearing-in ceremony.
waivers of the exam requirements, as covered in Note, if your doctor is already separately filling out
Section B, below.) an exam waiver request for you (discussed in the
next section), he wont need to separately discuss
Example 3: Kim has an advanced kidney ail- your medical condition in this letter.
ment, is confined to a hospital bed and his long-
If youre asking to be interviewed soon after
term prognosis is not good. Kim asks the INS to
arrival at the INS office, alert an INS officer in
send an officer to interview him in his hospital
person. Most people, upon arriving for their interview,
room. (The INS can also send someone to swear
are told to put their interview notice in a basket. This
Kim in if he passes.) In addition, since Kim is
would result in your being interviewed in the same or-
afraid he wont survive until the regularly sched-
der as everyone else, usually after a long wait. Tell the
uled interview date and wants very badly to be-
INS officer in charge of the intake desk youre asking
come a U.S. citizen, he requests an expedited
for a special accommodation interview. Give the of-
(speeded up) interview dateand assuming he
ficer your interview notice, along with a copy of an ex-
passes, requests that the INS officer swear him
planatory letter from your doctor or your Form N-648
in as a citizen at the same time. (Note: The INS
(if you filed onethis is the form requesting waivers of
usually only grants these expedited interviews
the exam requirements, discussed in Section B2, be-
in life or death situations.)
low). Dont sit down until youre sure the officer under-
For various reasons, the INS has been seeing stands your request.
more requests for accommodations recently, so
If the INS refuses to make the accommodations
dont worry that your situation will seem unusual. If
that you requested, talk to a lawyer, a nonprofit or-
you truly need assistance, dont be shy about mak-
ganization serving immigrants and refugees or a dis-
ing your request.
ability advocate. Hopefully, a third party will be able
to help resolve any INS misunderstandings.
2. Requesting Accommodations
In order to alert the INS that you need accommoda-
tions, check the yes box on Part 3, Question I, of
the citizenship application form (Form N-400). Be-
low that, you can specifically explain what accom-
modations youll need in the blank lines. If this isnt
enough space, attach a more complete explanation
on a separate piece of paper and in your cover let-
ter. Be as specific as you can in your request. For
example, instead of saying I need a friend with me
because I am sick, say I need a friend to accom-
pany me into the interview in case I have a seizure
and need an injection administered quickly.
Regardless of the information provided on the

application form, its a good idea to reiterate
United Nations BuildingNew YorK, New York
your accommodations request in your cover letter and
to include a doctors letter to your application packet.
House Calls: When to Ask B. Disability-Based Waivers of the

Exam Requirements
It is unusual for the INS to visit someone at their Many medical conditions make it difficult to learn
home or hospital. The agencyalready backed up English and/or the necessary U.S. history and gov-
with applicantsis afraid that if one person re- ernment information. Besides permanent condi-
ceives a home visit, everyone who is in less than tionsfor example, developmental disability, deaf-
great shape will want one too. ness and blindnessa severe illness can bring on
Nevertheless, if you really cant leave your pain and decreased functioning that interfere with
home or your hospital bed, the INS can arrange to your ability to learn. In addition, prescription medi-
come to you for every element of the citizenship cations may impair your concentration and memory.
application process. It has the power to send a Some conditions may confine you at home, making
fingerprinting specialist to take your fingerprints it impossible to attend classes and prepare for the
and to send an INS officer to conduct your inter- exams. Psychological conditions can have as serious
view and to swear you in for citizenship. (The in- an impact as physical ones. In particular, its not un-
terview and the swearing-in can sometimes be common for refugees to have post-traumatic stress
done by the same officer on the same day.) disorder (PTSD) and to therefore experience prob-
Unfortunately, in some districts, the INS is not lems with concentration and memory.
very responsivefor example, consider the 87- If you have such a disability, you can request a
year-old bedridden resident of a nursing home waiver of the English requirement, the U.S. history
who waited two years for an interview and even- and government requirement or both. You cannot
tually had to file a lawsuit to get action on her re- request the exam waiver(s) by yourself; your doctor
quest. must prepare a detailed form that explains your situ-
To request home services, follow the proce- ation to the INS.
dures described in this chapter. After you make
your request, the INS may take the unusual step of
calling you or your family on the phone and ask-
ing for more details about your illness and your
needs.
If the INS seems inattentive to your requests
for example, if you receive a normal fingerprint
appointment noticewrite a letter reminding the
agency of the situation and repeating your re-
quest. Some INS regions have a special staff per-
son dedicated to helping people with disabilities.
You may need to ask a friend or relative to go to
the local INS office and ask who that person is.
When making the inquiry, have your friend or
relative bring a complete copy of your citizenship
application and your receipt notice. Local
nonprofits serving immigrants and refugees may
also provide you with this information.
Golden Gate BridgeSan Francisco, California
The disability waiver excuses you from the citi- The INS does not grant the disability waiver auto-
zenship exams, but not from other U.S. citizen- matically for any particular illnesses and the agency
ship requirements discussed in Chapter 2. For example, does not maintain a list of medical conditions recog-
you will still need to fulfill location, physical presence, nized as worthy of waivers. The INS knows that ev-
green card and moral character requirements. ery persons medical history and life circumstances
are unique. Factors such as age, the severity of the
You will not find out whether the INS will grant
medical condition, its combination with other condi-
your disability waiver until your interview. For this
tions or illnesses and the type of medication pre-
reason, prepare for the exams to the extent possible.
scribed can make a huge difference in a persons
If you already speak English, some officers will ask
ability to study or learn. And the INS is well aware
you U.S. history and government questions before
that modern training techniques can help some
they make their decision on the waiver. Theyre
people overcome certain disabilitiesfor example, a
probably not doing it to make your life difficult
blind or deaf person might be taught English and
theyre just hoping that they can grant you citizen-
eventually be able to study for the U.S. history and
ship without having to make a decision on the
government exam.
waiver. If the officer can get you to answer six ques-
For these reasons, the INS relies heavily on your
tions correctly (and theyll always choose the easiest
doctor to tell them what you can and cant do. And
questions), everyone will win. Youll be approved
thats why you will need to work closely with your
for citizenship and the officer wont have to read the
doctor to make sure your doctor understands your
waiver application.
situation and presents it completely and accurately.
1. Qualifying Disabilities The INS can reject your doctors recommenda

tion. If your doctor doesnt give a good explana-
To qualify for a disability waiver, your condition
tion of why your condition impedes you from learning
must, at a minimum, be medically determinable.
the necessary material, your waiver request will be re-
That means that your doctor must have diagnosed it
jected. We advise you on how to get what you need
using medically accepted clinical and laboratory
from your doctor in Section B2, below.
techniques. Also, your condition must not be tempo-
raryin fact, it must be expected to last for at least
12 months. And it must not be the result of illegal 2. Requesting Disability-Based Waivers
drug use.
To request a disability-based waiver, first check the
If your doctor believes your condition comes yes box in Part 3, Question H, of Form N-400.
from illegal drug use, dont ask for an exam Then schedule an appointment with your doctor,
waiver. Alerting the INS to your drug use can result in osteopath or psychologist. Explain to the appoint-
your being denied citizenship and being placed in de- ment desk that youll need sufficient timeyour ap-
portation proceedings. pointment will resemble a full physical. Your doctor
will be examining you in preparation for filling out
All of the medical conditions mentioned above
INS Form N-648, Medical Certification for Disability
deafness, blindness, developmental disabilities, se-
Exceptions.
vere illness or injury (physical or psychological),
memory and concentration problemsmight qualify Dont ask your doctor to prepare Form N-648
a person for a waiver of the English and/or U.S. his- more than six months before you submit it to
tory and government exams. Other conditions not the INS. Otherwise, you might have to get your doctor
included in our list might also qualifyfor example, to redo the form.
depression may qualify, though this is an area of
ongoing INS controversy.
Before you go to your doctors office, copy or Dont go to a special doctor just because you
print out INS Form N-648. On Part I of the form, fill hear that he is easy about giving out disabil-
out your name, other identifying information and ity waivers. The INS quickly picks up on patterns of
permission for the doctor to release information. abuse and if the agency sees many waivers from the
Take the form to your appointment. Your request same doctor, it will consider your case more suspi-
on Form N-400 and the doctors report on Form N- ciously.
648 are all youll need to request this waiver.
If your doctor hasnt done disability waiver evalu-
Form N-648 is included in the Appendix and is ations before, shell need your help. So, dont just
available from the INS by phone at 800-870- hand her the Form N-648 and say please fill it out.
3676. You can also download it from the INS website Most doctors are accustomed to having their in-
(www.ins.gov). structions followed, so they often believe that they
can just write patient has X condition, is disabled
Include Form N-648 with the application packet and merits a waiver of the citizenship exam require-
that you submit to the INS. ments and be done with the matter. Theyre wrong.
The INS will not be convinced by this type of state-
You should use your own doctor for this examthe
ment and will not grant a disability waiver unless
INS doesnt provide a list of doctors for disability ex-
the doctor has stated a connection between your
ams. However, your doctor must be a U.S.-licensed
illness and your inability to take the exam.
physician, osteopath or clinical psychologist. Any
The best way to explain all of this is to copy the
doctor you normally seeeither your primary care
letter below and hand it to your doctor at your ap-
(or family) doctor or a specialistcan fill out Form
pointment. (Read the letter yourself, too, so as to
N-648, so long as she has access to the appropriate
better understand the process.)
medical records and test results.
The White House, Washington, D.C.

Letter to Doctor Performing Exam for Disability Waiver
Dear Physician:
Your patient plans to submit an application for U.S. citizenship to the Immigration and
Naturalization Service (INS). Part of the application process normally involves taking ex-
ams covering the English language (in writing and orally) and U.S. history and govern-
ment (orally). However, your patient feels that his or her physical or psychological con-
dition makes it unduly difficult to prepare for or pass these exams. Your patient will be
asking for a waiver of one or both of these exams. In support of this waiver request, the
patient asks that you assess his or her disability and fill out INS Form N-648.
This letter is to give you an introduction, or perhaps a reminder, of what the INS needs
to see on Form N-648 in order to consider or grant the waiver. In particular, three key
things must emerge from your statements on the form or the waiver will be denied, even
if, in your professional opinion, it should have been granted. These three critical things
include:
1) a full explanation of your patients condition(s), (physical or mental), including its se
verity and how you arrived at your diagnosis
2) an explanation of how this condition(s) affects the patients ability to study, learn or
remember the exam material, and
3) your opinion on whether a waiver of the exam requirements is appropriate.

Please give special attention to the second item on this list, since its the one that most
often causes the INS to reject a doctors disability waiver recommendation. The INS
feels that many doctors dont answer the question, Why should having this condition
excuse this person from taking these exams?
Here are examples, straight from INS memos, of the types of physicians statements that
would lead to a denial or an approval of the very same patients request:
WAIVER DENIED:
The patient suffers from Downs Syndrome. He should be exempted from
the English language and U.S. civics requirements for citizenship.
WAIVER GRANTED:
The patient suffers from Downs Syndrome. He was tested with Wechsler
Adult Intelligence Scale and was found to be moderately retarded with an
IQ of 50 (tested on June 1, 1995). The patients mental retardation is a glo
bal impairment, which affects cognition, language and motor skills. Because
Letter to Doctor Performing Exam for Disability Waiver, continued
of the patients global impairment, he cannot learn new skills and is not ca
pable of reasoning. His memory is deficient, and he is only capable of per
forming simple daily activities. Because of the patients mental disability, he
is incapable of learning a new language (even basic words of a new lan
guage) and U.S. history and civics.
The more you can do to tie the patients condition to an inability to study, learn or memo-
rize words or concepts, the better. Also, youll be reducing the chances that the INS will
request follow-up information from you!
A few other points to consider:

Because there are two separate exams, one covering English and one covering U.S.
civics, please specify whether the patient is unable to learn one or both of these
subjects.
If you believe the patients impairment is due to illegal drug use, please stop now
and tell the patient you cant fill out this form. Submitting a form with this informa
tion could cause your patient to be deported from the United States.
If you believe the patients medical condition will not last at least twelve months,
please stop now and tell the patient you cant fill out this form. Temporary disabili
ties will not qualify applicants for the waiver.
Avoid referring to the patient as illiterate, lacking in formal education or being of ad

vanced age if you can point to a separate or more fundamental medical reason that
he or she cant learnotherwise the INS may deny the waiver, believing that illit
eracy, age, etc., is the only problem.
Although old age alone is not sufficient to qualify a person for a disability waiver,
diseases caused by old age, such as Parkinsons or senile dementia, are often sufficient.
You dont need to attach medical records, though the INS reserves the right to re
quest them later.
The INS has been complaining that it cant read doctors handwriting, and it has
been rejecting waiver requests as a result. Please print or type legibly! Return the
form directly to the patient, unsealed.
Thank you very much for your attention to this letter and for assisting your patient
to become a U.S. citizen.
If you picked up this book after submitting your What If the Applicant Is Unable to
citizenship application to the INS, but now realize Understand the Oath of Allegiance?
you need a disability waiver, its not too late. You
can ask your doctor to prepare a Form N-648 and Applicants with severe developmental or cognitive
submit it at your interview. The six months rule disabilities may have difficulty understanding or
still applies, howeverthe doctors signature on the repeating the Oath of Allegiance that finalizes
form cant be more than six months old when you their becoming citizens. This used to be a huge
submit it. Since you cant be sure when your inter- problemthe INSs position was that the disability
view will be scheduled, timing your doctors signa- waiver did not include a waiver of the Oath of
ture can be a bit tricky. Explain the situation to the Allegiance. Many disabled people who were oth-
person making appointments at your doctors office erwise eligible for citizenship, based on disability
and make sure that the doctor can schedule you for waivers could not become citizens because they
an appointment as soon as you receive your inter- couldnt take a meaningful oath.
view notice (youll have about a two-week win- In late 2000, President Clinton signed a law
dow). Alternately, find out when the INS normally allowing applicants with physical or mental dis-
calls people for interviews in your area and sched- abilities to skip the Oath of Allegiance if they are
ule a medical appointment close to that timerec- unable to understand, or to communicate an un-
ognizing, of course, that the interview could occur derstanding of, its meaning. At present, the INS
earlier or later than the normal date. uses the information on Form N-648 to determine
whether the applicant qualifies for a waiver of the
oath requirement.
C H A P T E R
The Interview
A. Final Preparation .................................................................................................. 8/4
1. Review Your Application and Note Changes ................................................... 8/4
2. What to Bring .................................................................................................. 8/4
3. What to WearAnd What to Leave at Home .................................................. 8/5
4. Know Where Youre Going ............................................................................. 8/6
B. The Interview ....................................................................................................... 8/6
1. A Sample Interview ......................................................................................... 8/6
2. Interview Tips .................................................................................................. 8/8
C. If the Interview Goes Badly .................................................................................. 8/9
D. Approval or Denial: Whats Next? ...................................................................... 8/10
Y our appointment noticewhen you finally re-

ceive itwill tell you where and when to
present yourself for your citizenship interview. An
In this chapter, well help you prepare for your
interview by discussing:
what to bring, what to wear and what to do be-
example is provided below. After you receive this fore your interview (see Section A)
notice, you have only one major hurdle left to citi- what to expect and how to handle yourself at
zenshipa successful interview. the interview (see Section B), and
how to deal with difficult interviews and un-
pleasant officers (see Section C).
How to Reschedule an Interview
If its truly impossible to make the scheduled ap- your file to the local INS office, it has no power over
pointment, ask for a new date. But we recommend your case.)
that you try your hardest to make the initial appoint- In order to qualify for a new appointment, youll
ment. If you reschedule, you could wait a long time need to show that you are prevented from attending
for a new datepossibly many months. If you must for reasons beyond your control. Im not ready is
reschedule, either go to the office where the inter- not an acceptable excuse. (If youre not ready, we
view was scheduled and explain the situation, or recommend that you attend, anyway; see below.)
write the office a letter. You can use the form letter, If you fail to appear at your initial interview and
below, as a guide: (Dont send the letter to the same take no other action, the INS will not reschedule
address that you first sent your applicationthats your interviewit will simply close your file.
an INS Service Center, and once it has transferred
[Your address and the date]
Immigration and Naturalization Service
Citizenship Unit
[Address from which the interview notice came]
RE: [Your full name and A-number]; Request for Reschedule
Dear Sir/Madam:
I am unable to attend the citizenship interview that you set for [date]. The reason is that [explain
your reason]. Please reschedule me for a later date. I can be reached at the address above, or by
telephone at [your number].
Thank you for your attention to this matter.
Very truly yours,
[sign your name]
[type your name]

THE INTERVIEW 8/ 3
If your interview appointment arrives and you Then, simulate the interview at home. Have a friend
arent readythat is, you havent learned as much ask you each one of the questions.
English as you thought you would or you are having Be on the lookout for any mistakes or changes to
trouble remembering the exam questions and an- the information on the form. The officer at your in-
swerswe recommend that you attend anyway. For terview may ask near the beginning, Are there any
one thing, the interview might be easier than you changes to your application? Be prepared to pro-
think. Remember, the INS officer is supposed to vide correctionsmost changes are not a problem.
take into account any factors related to your educa- If, for example, you have had another child, be pre-
tion or age that would make the interview difficult pared with the childs exact name and a copy of the
for you. As well discuss in Section C below, youll birth certificate. If youve taken a trip outside the
get a second chance if you fail the exam portion of United States, memorize or write down the exact
the first interview, so, in that case, consider this first dates and other information that the N-400 asks for
interview as a practice round. regarding trips (and, of course, make sure that none
If, however, you are afraid to attend the interview of those trips broke the continuity of your U.S. stay;
because you now realize you are ineligible for citi- see Chapter 2, Section B2). If youve changed jobs,
zenship or are putting your green card at risk by it would be helpful to have a business card handy
continuing with your application, reschedule your showing your new employers name and address.
interview. (In your request letter, youll have to sim-
If you bring written material to your interview,
ply say that circumstances beyond your control re-
be prepared to share it with the INS officer. An
quire you to miss the scheduled interview.) Then
officer may ask to see any personal notes youve
consult with a lawyer immediately. If the situation is
brought to avoid suspicion that youve got the answers
serious enough, the lawyer may recommend that
to the U.S. history and government exam.
you withdraw your application, to remove it from
the INSs attention. Two particular changes to your Form N-400 could
have a serious impact on your citizenship chances:
If youve recently been divorced from the person
A. Final Preparation who sponsored you for a green card, see Chap-
The key to a successful interview is preparation. ter 1, Section A.
Hopefully, youve been studying English and U.S. If youve recently been arrested or done any-
history during the months leading up to the inter- thing else that would cause you to change your
view. Now, youll need to: answer on the questions in Part 5 of the Form N-
review your application 400 to yes, see an immigration attorney imme-
assemble the documents youll bring with you diately.
decide what to wear, and If either of the above are true, it may not only af-
make sure you know where youre going. fect your eligibility for citizenship, but your right to
remain in the United States.
1. Review Your Application and Note
Changes 2. What to Bring
You may be surprised at how much of your inter- Assemble the items on the list below. The INS of-
view is spent going over your written application, ficer may not ask for all of them, but its better to be
particularly Form N-400. The INS officer uses the over-prepared. Also take a look at the list of items
simple inquiries on your form such as Your current requested by the INS in your interview notice. Most
legal name and What is your current marital sta- of this list is boilerplatein other words, the INS
tus? to test your English and to confirm that the in- includes it on everyones letter, even if items on it
formation you have given is correct. Before the in- dont apply to you. Occasionally, however, the INS
terview, go over your copy of Form N-400 carefully. will identify something particular to your case that
you must bring.
THE INTERVIEW 8/ 5
You will see items on our list that the INS doesnt See 8 C.F.R. 312.4. The INS often uses AT&T tele-
request. Bring those items anywaythe INS officer phone interpreters for citizenship interviews. The
often asks for items without warning you before the AT&T interpreters will be on speakerphone and a
interview. little difficult to hear, so if you have a choice, you
Bring the following to your interview: might want to bring an interpreter. You dont neces-
green card sarily have to hire a professionala friend or rela-
photo identification, such as a drivers license tive who is older than 18 and fluent in both English
passport and any travel documents that the INS and your native language will do.
has issued to you, such as a reentry permit for a
Unless you are disabled or need an interpreter
trip of more than one year, and
and have arranged for this in advance, the INS
copies of your tax returns for the last three years
will not allow friends or family members at your inter-
(to show that youve paid taxes).
view. Any friends or family who accompany you will
If you meet any of the following conditions, bring
be required to sit in the waiting roomand the INS dis-
the items listed below:
courages this as well. See Chapter 7 regarding accom-
If you are a male and were required to register
modations for the disabled.
with the Selective Service, bring proof that you
did so.
If youre applying as a member of the military, 3. What to WearAnd What to Leave at
bring your discharge certificate or your form DD Home
214 Record of Separation.
Its improper for the INS officers decision about citi-
If you have young children who are in someone
zenship to be affected by your appearance, but its
elses care, bring proof that you have continu-
also hard to believe that its not a factorat least at
ously paid child support (such as cancelled
some level. Although we dont want to limit your
checks, bank records of your payments and a
ability to express your personal style, we recom-
copy of any court or government orders showing
mend that you dress neatly, professionally and con-
what you owe).
servativelyin short, look the way you might if go-
If you are married to a U.S. citizen and applying
ing for an important job interview.
after only three years, bring:
In any case, avoid wearing T-shirts or jewelry that
your marriage certificate
might make the officer wonder about your lifestyle
evidence that your spouse has been a U.S.
or morals. Weve known people who attended their
citizen for all of the three years, such as a
INS interview wearing a T-shirt that said S hap-
copy of his or her birth or naturalization cer-
pens! or a necklace with a gold marijuana leaf
tificate or U.S. passport
hanging from it. Those style decisions are likely to
proof that any of your and/or your spouses
distract the interviewer and lead to unwanted per-
prior marriages were legally ended, such as
sonal questions.
death or divorce certificates, and
proof that you are still living together, such as Remember the metal detector. When you go
rent receipts, joint credit card statements and into a federal building, youll be subject to a se-
other documents showing that you share your curity search. Dont carry anything that resembles a
home and finances. weapon, or youll have to check it with the security
If you qualify for and requested a waiver of the guard. (Of course, if it is a weapon, youll be arrested.)
English language requirements, youll need an inter- Dont suffer the same result as the author of this book
preter. Ask the INS office whether you can bring who lost her favorite Swiss Army knife when the INS
your own interpreter (allowed in some, but not all, door guards checked it in and then accidentally gave it
districts) or whether the INS will hire an interpreter. to another visitor.
4. Know Where Youre Going When its your turn, an INS officer will call you in
to the inner office and very quicklyusually within
Why is that buses run late and parking spots are
20 minutes conduct the interview. In this section,
hardest to find on days when youre desperate to
we discuss what the officer will say and do during
get somewhere? Whatever the reason, make sure
those 20 minutes (Section B1) and the best ways for
you know how to get to the INS office listed on the
you to respond (Section B2).
letter and leave plenty of extra time to get there. Its
better to spend some extra time in the waiting room If youre disabled and asked for an immediate
than to arrive at the last minute in a panic, or worse, interview, dont put your notice in the box.
to miss your interview. Find an INS officer, and hand him your appointment
Also, keep in mind that the address on your ap- notice personally, and explain you have a disability
pointment letter may not be the central INS office and are requesting an immediate interview.
that youre accustomed to visiting. In some regions,
the INS has arranged for extra offices to handle citi-
zenship interviewsfor example, in the San Fran- 1. A Sample Interview
cisco Bay Area, some people are sent to the INSs A single INS officer will usually bring you to her
San Francisco District office, while many others are desk, to interview you. Dont sit down when you
sent to an office in Oakland that handles only citi- get therethe officer will probably want you to re-
zenship interviews. main standing until she tells you its time to sit
down. (As we explained in Chapter 5, your ability to
follow instructions is important in proving that you
B. The Interview speak English.) If the officer does not tell you her
When you get to the INS office, the usual procedure name, ask for it, and write it down or do your best
is for you to place your interview notice in a box to remember it (INS officers dont give out business
and wait for your name to be called. You may have cards). If anything goes wrong and you later need to
to wait a very long time since the INS often sched- consult with a lawyer, it will help if you can then
ules many people for the same block of time. tell your lawyer the name of the officer. Experi-
enced immigration lawyers often know the person-
alities of the various INS officers and that informa-
tion may assist in preparing your case.
First, the interviewing officer will ask you to stand
up, raise your right hand, and swear to tell the truth.
After that youll sit down and the officer will pro-
ceed with three tasks:
verifying the information on your Form N-400
determining whether you speak, read and write
English, and
testing you on U.S. history and government.
The tasks will flow togetherthat is, the officer
wont tell you this is step one, etc. To see how this
works, lets look at the script of a typical inter-
viewone in which the applicant did a good job of
Yale UniversityNew Haven, Connecticut
handling herself. Because the applicant speaks En-
glish well and has a college education, the INS of-
ficer gave her more difficult questions than would
be given to someone with less ability.
THE INTERVIEW 8/ 7
INS: Right this way, please. Remain standing. Now INS: Thank you. [Officer writes the information from
raise your right hand. Do you swear that during the birth certificate onto the application.]
todays interview youll tell me the truth, the whole
INS: Have you ever failed to file your federal income
truth and nothing but the truth?
taxes?
Applicant: Yes.
Applicant: Im sorry, could you say that in another
INS: You may sit down. May I see your green card way? I didnt quite understand it.
and photo identification?
INS: Have you ever failed to send the IRS an annual
Applicant: Yes, here they are. tax form and any payments owing?
INS: Okay, what is your full name? Applicant: No, that is, Ive paid taxes every year
since Ive been here.
Applicant: My name is Xena Nassopoulous.
INS: Did you bring copies of your tax returns today?
INS: I see here that you want to change your last
name to Nassbaum, is that right? Applicant: Yes, here they are.
Applicant: Yes, Im married and my husband and I INS: Your application form says that you are a mem-
want to invent a last name by combining our two ber of Amnesty International. Are you involved in
names. any other groups or organizations?
INS: All right, thats fine, your name will be changed Applicant: Not formally. I attend religious services
at the swearing-in, if youre approved today. with my husband sometimes, and I contribute to
some charities, but Im not really a member of any-
INS: What is your address?
thing else.
Applicant: I live at 459 Gooseberry Drive, in Jay,
INS: Have you ever been a member of the Commu-
Vermont.
nist Party?
INS: When and where were you born?
Applicant: No.
Applicant: I was born in Greece on July 12, 1972.
INS: [Reviews the rest of the questions on Part 10 of
INS: You say on your application that youve taken the N-400; Xena answers No to all of them. The
only two trips outside the United States since you INS officer opens the results of her fingerprint check
became a permanent resident in 1994. Is that true? with the FBI and confirms that Xena has no record of
Applicant: Yes, I just took two trips home to Greece. criminal or INS violations.]
INS: Are you sure? What about short trips to Mexico INS: Now Ill ask you a few questions about U.S. his-
or Canada? tory and government. What do the stripes on the
U.S. flag mean?
Applicant: We live near the Canadian border, so we
sometimes go visit there for a day. But weve never Applicant: They represent the thirteen original states.
spent a night there. [Correct.]
INS: What is your husbands name? INS: Can you name the thirteen original states?
Applicant: His name is Ernest Birnbaum. Applicant: Connecticut, New Hampshire, New York,
Massachusetts, Pennsylvania, Delaware, Virginia,
INS: Are there any changes to the rest of the per-
North Carolina, South Carolina, Georgia, Rhode Is-
sonal information on your application? land and . . . and . . . oh dear, I can never remember
Applicant: Yes, my husband and I had a daughter the last one. [Incorrect: Xena forgot Maryland.]
last year, named Artemis. Here is a copy of her birth
INS: What is the name of the ship that brought the
certificate. Pilgrims to America?
Applicant: The Mayflower. [Correct.] Dont get tripped up on the tax question. In the
example above, Xena got confused when the
INS: Which President freed the slaves?
interviewer asked if shed ever failed to file her in-
Applicant: Abraham Lincoln. [Correct.] come taxes. In fact, that question confuses a lot of
INS: What is the Constitution? people, and under pressure people cant always puzzle
out whether yes or no is the right way to answer it.
Applicant: The supreme law of the land. [Correct.]
If you have always paid taxes, simply answer, I have
INS: Name one right guaranteed by the First Amend- always filed my income taxes.
ment.
Applicant: Freedom of the press. [Correct.] 2. Interview Tips
INS: Who is the governor of our state, Vermont? For you, the interview may be one of the most im-
Applicant: Howard Dean. [Correct.] portant events of your life. But keep in mind that, to
the INS officer who is at work, youre just one per-
INS: Okay, youve answered six correctly, thats son in a long day full of people. That doesnt mean
enough. Now take this pencil and write the sen- the officer doesnt care about youbut in order to
tence, She is my daughter, and he is my son. maintain efficiency, the officer will appreciate it if
[Xena correctly writes the sentence.] youre prepared, organized and professional. Wait
for the officers questions and answer them as
INS: Please read this passage of text.
briefly as you can while still using full sentences.
[Xena correctly reads the passage.]
If you dont understand a question, ask the of-
INS: Do you believe in the U.S. Constitution? ficer to rephrase it. Rather than guessing at
Applicant: Uh huh. what the officer is sayingwhich could get you into
troublesimply say, Im sorry, could you repeat that
INS: Please state Yes or No clearly. using different words? In fact, the INS has instructed
Applicant: I meant, yes. officers to repeat and rephrase questions until the of-
ficer is satisfied that the applicant either fully under-
INS: Are you willing to take the Oath of Allegiance?
stands the question or does not understand English.
Applicant: Yes.
INS: If the law requires it, will you fight and defend a. Avoid Putting on an Act
the United States, or assist those who do?
Some immigrants cynically conclude that they can
Applicant: Yes. win the officers favor through tactics like personal
INS: Thats all for today, Im going to approve your compliments or pro-American statements. Telling
application. Please sign here, and take this sheet ex- the officer, My, thats a lovely outfit youre wearing
plaining when youll be called for the swearing-in today is unnecessary, and could seem like an effort
ceremony. at distraction. One applicant showed up for his INS
interview wearing a tie covered with U.S. flags and
Applicant: Thank you!
peppered the interview with comments about
INS: Congratulations, and good bye. Americas greatness. (The interviewing officer obvi-
ously felt that the applicant was pushing this too
far.) The INS certainly wants you to act courteously
and be supportive of the United States, but self-serv-
ing speeches are a waste of the officers time and an
insult to her intelligence.
THE INTERVIEW 8/ 9
b. Honesty Is the Best Policy If you deal with an irate officer who demands in-
formation or documents that you dont have on
One of the worst things you can do at your inter-
hand, ask to either reschedule the interview or to be
view is to lie. If youre caughtand the INS has a
allowed to submit supplemental documents by mail.
surprising number of ways at catching people in
The latter approach may avoid having an angry of-
liesthe effect on your application may be devastat-
ficer making a final decision on the spot. (Hopefully
ingfar worse than if you had told the truth. Even if
by the time he receives your follow-up materials, he
youre caught years later, your citizenship can be
will have cooled down.)
taken away at that time.
If you believe that an INS officer behaved im-
On the other hand, dont view the INS office as a
properly, write down as many details as you can re-
confession booth. Only answer what you are asked
member of the interview, while its fresh in your
and avoid volunteering information unless it is
mind. Then consider consulting an attorney about
needed to better understand the information pro-
your experience to learn what you can do to im-
vided on the application.
prove the INSs reaction to your application. Even if
you dont speak to or hire a lawyer, you can write a
c. Present Yourself Confidently
letter to the INS office. INS supervisors assume that
In some cultures it is impolite to look someone in officers act appropriately unless you tell them other-
the eyes when you speak. Thats not the case in the wise, so alert the supervisor to the any inappropri-
United States, where looking away or at the floor ate behavior and ask that the supervisor consider
are often perceived as a sign of deception. At your the officers conduct when making his or her final
interview, look straight at the officers eyes when review of your case.
the two of you speak. (If you find this difficult, try
looking at the officers forehead or nose.) Speak Example: At Johans interview, the INS officer
confidently and if possible, try to relax. Think posi- barrages him with personal questions, such as
tive! The INS officers are usually pleased to meet why he got divorced, what he did wrong to
someone like yourself who has prepared the paper- drive his wife away, why people of his religion
work carefully and studied hard. always have so many children, and finally, why
he isnt paying child support. Although Johan
explains that the court did not require him to
C. If the Interview Goes Badly pay child support and his wife makes a better
income than he does, the officer denies his ap-
Although a good number of INS officers are helpful
plication on moral character grounds. Johan
and interested in seeing you become a citizen, you
writes a letter asking the supervisor to consider
may run into one whose manner is rude or hostile.
the officers hostile and discriminatory attitude
First, remember that its probably not personal.
and overturn the denial.
Some INS officers become jaded and cynical after
years of investigating fraudulent citizenship claims.
You have the right to file a formal complaint
Second, try not to get angry. Remain respectful
against an INS employee. In an attempt to im-
and answer honestly if you dont know or remem-
prove its image, the INS has established a procedure for
ber something. You might encounter an officer who
filing complaints. Filing a complaint will not hurt your
makes irrelevant or unfounded accusations, acts in a
casethe INS will not retaliate and the office you com-
discriminatory manner based on your race or gen-
plain to is well-removed from your file in Washington,
der, becomes uncontrollably angry or persists with a
D.C. To file a complaint use Form I-847 (included in
line of questions or statements that is completely
the Appendix). Send it to the Director, Office of Internal
inappropriate. If any of these things happens, po-
Audit, U.S. Immigration and Naturalization Service,
litely ask to see a supervisor before continuing with
425 I St. NW, Room 3260, Washington DC 20536.
the interview. Explain the situation to the supervisor
and ask her to intervene or reschedule you with a
different officer.
Form I-847 is available as a tear-out in Appendix you a chance to provide follow-up documents rather
C and can be downloaded from the INS website than deny your citizenship. In some cases, the office
(www.ins.gov). may need to think about your case before making a
decision.
If the officer doesnt make a decision on your
D. Approval or Denial: Whats Next? case at your interview, you are supposed to receive
a decision within 120 days of your interview. How-
If all goes well at your interview, the officer will tell
ever, as with all INS responses, you may have to
you that youve been approved and may hand you a
wait longer than expected. If the officer requested
piece of paper with information about your swear-
more documents, the time period for the decision
ing-in ceremony. (Most INS offices notify you about
may get dragged farther into the future.
the swearing-in ceremony by mail.) Either way,
If you arent scheduled for a follow-up interview,
youre one or two months away from citizenship.
you will get your approval or denial by mail. If you
If the interview goes badly, the officer may deny
are approved, see Chapter 11 for details on the
your citizenship application on the spot. If the basis
swearing-in ceremony and your new rights as a citi-
for denial was that you failed the English or U.S. his-
zen. If you are denied citizenship, see Chapter 9 for
tory and government exam, youll automatically get
information on how to appeal the decision.
a second-chance interview. If there is some other
problem regarding your case, the officer may give
C H A P T E R
Denials, Appeals and Repeat

Interviews
A. Retaking the Exams .............................................................................................. 9/2
B. Providing More Documents ................................................................................. 9/2
1. To Provide or Not to Provide? ......................................................................... 9/2
2. Preparing Documents ...................................................................................... 9/4
3. Documents by Mail ......................................................................................... 9/4
4. The Decision ................................................................................................... 9/4
C. Choosing to Appeal or Reapply ............................................................................ 9/5
1. Determining If You Have a Basis for Appeal ................................................... 9/5
2. Appeal or New Application? ........................................................................... 9/5
D. How to Appeal ..................................................................................................... 9/6
1. Completing Form N-336 ................................................................................. 9/6
2. Preparing Supporting Documents .................................................................... 9/9
3. Preparing a Sworn Statement ......................................................................... 9/10
4. Deciding Whether to Appear Personally ....................................................... 9/12
5. Submitting Your Appeal; Attending Your Interview ....................................... 9/12
6. Your Decision ............................................................................................... 9/12
E. What to Do If You Lose the Appeal .................................................................... 9/12
F. Reapplying for Citizenship ................................................................................. 9/12
I f the INS does not grant your U.S. citizenship at

your first interview, dont despair. It happens to
many peopleand many of them are later approved.
ship application into the mail while the process is
still fresh in your mind. (See Sections E and F, be-
low, to help you choose between these procedural
If the INS is giving you some sort of a last chance, options.)
you can still turn things around. For example,
If the officer delayed making a decision until
you provide additional documents, complying B. Providing More Documents
with the officers request will give you a good The INS interviewer may need additional documen-
shot at gaining approval. In Section B, well give tation before making a decision about your applica-
you advice on preparing and submitting these tion. In that case, the officer will give you a written
documents. request describing the documents neededfor ex-
If you failed the English or U.S. history and gov- ample, a copy of your recent tax returns or proof of
ernment exam, youll get one chance at a repeat your dates of travel outside the United States. See
interview. (See Section A.) the sample below, in which the Oakland INS office
If you are issued a final denial, the INS will tell asked the applicant for more information to prove
you its reason, either during your citizenship inter- her disability.
view or in a subsequent letter. In Section C, well Normally youll send these documents by mail.
help you determine the appropriate next step, based However, if the INS officer wants an opportunity to
on the INSs reasoning and other factors. That step discuss the documents with you, you will be asked
may be to appeal, as described in Sections D and E; to bring them to another interview. In general, how-
or it may be to submit a new application for citizen- ever, the INS prefers not to interview applicants a
ship, as described in Section F. second time.
Being asked for more documents can be seen as
a good signit means that the officer believes there
A. Retaking the Exams are good reasons to pursue your case farther. Now
If you failed your first interview because you lacked you must do your best to swing things in your favor.
sufficient English language skills, couldnt answer
enough U.S. history and government questions or 1. To Provide or Not to Provide?
both, its time for intensive study. The INS automati-
Dont automatically provide requested documents
cally gives you a second chance at the exam(s)but
until you have closely reviewed the request and de-
you wont have much time to prepare. You could be
cided that the situation doesnt call for an attorneys
scheduled for your second interview anytime be-
help. If you are convinced that the document will
tween 60 to 90 days after your first one. See 8 C.F.R.
help your quest for citizenship, go ahead and send
312.5(a). So, If you didnt attend a preparatory
it in. For example, if the document is one that you
course, you should quickly enroll in one nowsee
knew you should have brought to your interview,
Chapter 5, Section C, for advice on finding a good
but forgotsuch as a letter from your church ex-
one.
empting you from the Oath of Allegiancethats
At your second interview, you will probably meet
easy, and you can take care of it on your own.
with a different officer, who will concentrate on the
Similarly, if the document is one that the officer
exam and not repeat the rest of the interview. Your
has clearly described, such as your certificate of di-
meeting shouldnt last more than a few minutes.
vorce from your first husband or a police certificate
If you dont pass on the second try, thats ityour
showing that you havent been arrested, obtaining it
citizenship application will be denied. But dont sit
should be within your power. (Unless, of course, no
around moping. File an appeal or get a new citizen-
such document exists.)
DENIALS, APPEALS AND REPEAT INTERVIEWS 9/ 3
However, you should think twice about your next the last six months, put them in chronological (date)
step if: order. If you dont believe the officer can tell from
you dont understand the reason for the request, looking at a document what it is or why its impor-
or tant, add a post-it note or a cover letter. For ex-
the request implies that the officer has serious ample, if the officer asked for evidence that you re-
doubts about your eligibility for naturalization or turned to the United States before August of 2002
even for a green card. and you include photos of yourself at a July 4th bar-
If you cant understand why the officer requested a becue in Cincinnati, make sure the photos are dated
specific document, you should not furnish the docu- and that you are clearly recognizable in them.
ment until your attorney has reviewed the request. The first item in your document packet should be
You may make a serious error furnishing a docu- a copy of the INSs written request for documents. A
ment affecting your right to stay in the United separate cover letter is not usually necessary, though
Statesfor example, providing a certificate from adding one would be helpful if the documents are
your home country saying that you were convicted not self-explanatory. (A cover letter, if you include
of child abuse will get you a quick denial and a it, should go second in the packet.) Then add copies
plane ticket home. The same is true for requests that of the documents themselvesremember, send
cast doubts on your right to citizenship. For ex- originals only if you dont need them back ever.
ample, if you were divorced from the spouse Make a copy of everything, for your records.
through whom you got your green card, brought
documents to prove that the marriage was bona fide 3. Documents by Mail
but are now being asked for more such documents,
Youll find the mailing address to which youll need
you may have a problem. The INS officer may be-
to send the documents on the INS officers written
lieve that youve committed marriage fraud. Instead
request. (It will be the same office as where you had
of just putting some more documents in the mail
your interview, not the office to which you origi-
and hoping for the best, consult an attorney to get
nally submitted your Form N-400 citizenship appli-
to the root of whats bothering the INS.
cation.) Always add the officers name to the letter
Of course, if you just ignore the officers request
or, if you werent given his name, include your A-
for documents, your citizenship application will be
number in the letterso that your letter will be put
automatically denied.
on the correct officers desk. Use certified mail with
a return receipt requested. Certified mail is espe-
2. Preparing Documents cially important at this stage, since delays are com-
The INS officer may give you an exact description of mon and you may need evidence of the date when
the documents he wants to seesuch as a letter you submitted your documents in order to follow up
from the IRS saying you owe no taxesor he may with the INS. Or, for potentially faster service, use
leave the exact choice of documents to your imagi- an overnight courier service such as Federal Express
nation. If, for example, the officer requests docu- or DHLunless the INS address is at a Post Office
ments to prove your good moral character for the box, in which case these services cannot deliver.
last five years, youll have to decide what docu-
ments will serve this purpose. (In Chapter 2, Section 4. The Decision
D, we describe suitable documents concerning good
Sometimes the INS officer will make a decision
moral character.)
within a few weeks of your sending in your docu-
After youve gathered the necessary documents,
mentsother times it could be months. If three or
put them together in an orderly manner. Each docu-
more months pass and you havent heard from the
ment must be readable and contain your name or
INS, write an inquiry letter and send it to the same
other identifying information. If there are any items
officer and address to which you sent your docu-
that belong in a series, such as your paychecks over
ments.
After the INS officer decides, you will be notified ever, if your denial resulted from your own actions,
by mail. If the decision is favorable, congratula- reapplying is more appropriate (after correcting the
tionsyou can move on to Chapter 11, which de- problem).
scribes your swearing-in ceremony and your new
Example 1: During her citizenship interview,
rights as a citizen. If the decision is negative, see
Olga told the INS officer that, during a period of
Sections E and F, below, to help you decide whether
unemployment, she had regularly eaten dinner
to appeal or start over and file a new application.
at a church soup kitchen. The officer took this
as a sign of bad moral character and denied
C. Choosing to Appeal or Reapply Olgas application. However, since Olga was not
at fault in being unemployed, and eating at a
If your citizenship application is denied, you will
soup kitchen is perfectly legal, the officers deci-
receive a written explanation from the INS as to
sion was wrong. Olga should appeal the denial.
why, along with information on how to file an ad-
ministrative appeal.
Example 2: When preparing his application,
You should seek legal assistance if:
Fyodor included the proper dates of travel on
the reason for denial is confusing
his form, but he miscalculated when adding up
the reason for denial is difficult for you to over-
the time spent abroad. At the interview, the of-
come on your own, or
ficer determined that Fyodor had actually spent
the INS has indicated that it will refer you to Im-
more than one year outside the U.S. and had
migration Court for deportation proceedings.
therefore broken the continuity of his U.S. stay.
In these instances, the stakes are too high for self-
Fyodor was ineligible for citizenship and had no
help efforts. Consult an attorney.
basis on which to appeal. (Chapter 2 explains
If, however, you believe that with a minimum of
how to deal with such problems in order to re-
time and effort you can win your casefor ex-
apply.) If the INS officer believed that Fyodor
ample, you suddenly discover a document that
had lied on his application, or was deliberately
could prove your foreign trip lasted less than a
concealing information, Fyodor would need an
yearthen continue reading.
attorneys help before reapplying.
Before filing an appeal, youll need to consider
two things: As noted, you can only appeal if you can demon-
whether you have any basis on which to appeal strate that the office erred when denying your citi-
(see Section C1, below) and zenship application. Therefore, if you didnt study
whether filing an appeal is any better than start- for the U.S. history and government exams before
ing over and reapplying (see Section C2, below). your first two interviews, you shouldnt look at an
appeal as your third chance. Similarly, if you arent
1. Determining If You Have a Basis for eligible for citizenship and didnt realize this at the
Appeal time you submitted your application, an appeal is
not the way to cure the problem.
Before filing an appeal, you need to determine if
If you dont have strong grounds for an appeal
you have a basis for appealing the decisionthat is,
and youre not sure whether you would prevail, the
you must be able to demonstrate that a mistake was
wisest course is to file a new application for citizen-
made and that you are eligible for citizenship. Keep
ship, as described in Section F, below.
in mind that appeals are only appropriate when you
believe that the INS officer who interviewed you
2. Appeal or New Application?
made a mistake or acted inappropriately. For ex-
ample, if the officer confused your belief in com- As mentioned above, an appeal is not your only op-
munes with a belief in communism, an appeal is a tion. You can, if you wish, skip the appeal and re-
fine way to ask that the error be corrected. How- apply by submitting a new N-400 application (see
Section F, below).
For many people, the most important factor to If you receive your notice by mail, your appeal no-
consider when making this decision is the length of tice must be sent with 33 days of the date on the
time each option will take. Theres no blanket rule INS letter, because the INS presumes that you re-
regarding which will take less timean appeal or a ceived its letter within three days after mailing.
new applicationbecause the answer will differ de- In order to persuade a second (or third) INS officer
pending on the INS district in which you live. In to view your case positively, we recommend that you
some INS districts, applicants rarely file appeals be- include a standard appeal form and an accompanying
cause the INS consistently takes longer to act on sworn statement and supporting documents.
them than it does to call applicants in for a new in- The necessary and recommended paperwork for
terview. You can find out about the INSs timing on filing an administrative appeal includes:
your own by doing a little legwork. Talk to the staff INS Form N-336, Request for a Hearing on a De-
at local nonprofits serving immigrants and refugees, cision in Naturalization Proceedings Under Sec-
or visit your local INS office and ask in person. If tion 336 of the Act (see line-by-line instructions
you determine that youll wait longer for your appeal in Section D1, below)
interview than for a new interview (after reapplying), fee (currently $195, but check for changes on
its probably better to reapply. This may not be the the INS website (www.ins.gov). Click INS
case, however, if youre one of those people who Forms, Fees and Fingerprints, then click Forms
want a long time to pass before the interviewfor and Fees, then Forms, Fees and Filing Loca-
example to get the maximum time to learn English tions Chart and scroll down to the line showing
or to make sure that ten years have passed since Form N-336the current fee will be listed on
their involvement in the Communist Party. Another this chart.) Send a personal check or money or-
factor to consider is cost. Youll pay less for filing an derdo not send cash
appeal (currently $195) than for filing a new citizen- documents to overcome the basis for the denial
ship application ($310, including fingerprints). (see Section D2, below), and
A final factor in deciding whether to appeal or your sworn statement to overcome the basis for
reapply is your relationship with the INS. If you file the denial (see Section D3, below).
a new N-400 application, the dynamics between you Youll also need to choose whether or not to ap-
and the INS will change. Youre no longer trying to pear in person, as described in Section D4, below.
prove that the INS was wrong, and the INS is no
If someone else pays by check for you, make
longer trying to prove you shouldnt be a citizen. By
sure that your name and A-number appear on
reapplying, youll start over with a different inter-
the line at the lower left of the check. That way if the
viewer and an application specially tailored to deal
check gets separated from your application, the INS will
with the problems that previously sank your appli-
be able to trace it and you wont have to pay twice.
cation. (You wont, however, be able to hide the
previous citizenship application from the new inter-
viewing officer.) For information on reapplying, see
1. Completing Form N-336
Section F, below. Form N-336a one-page formis the only form
youll need to fill out for your appeal. As with all
INS forms, its best to type the information. If thats
D. How to Appeal not possible, write clearly, using black ink.
If you choose to go the administrative appeal route,
Form N-336, pictured below, is available as a
you must act quickly. Your appeal notice is due at
tear-out in the Appendix to this book. You can
the INS within 30 days of the date your citizenship
also get it from the INS by calling 800-870-3676, by
was denied. (The date you were denied is shown on
visiting a local INS office or the INS website (where you
your written denial notice.) Some applicants receive
have a choice of printing the form out or downloading
this notice in person, on the day they were inter-
it and filling it out on your computer).
viewed, while others receive it by mail from the INS.
When completing Form N-336, follow the line-by- Question 3: This question asks whether youll be
line instructions below. Although the form is easy to turning in this form by itself or will be adding a
complete, we recommend that you make a copy be- separate brief, statement and or evidence. (A brief
fore entering information. That way you can use one is a legal memo explaining how the law supports
as a draft and one as a final version. your case.) Chances are good that youll need to
Box above Question 1: This section is for the INS submit some sort of evidence or statement to sup-
dont write anything here. port your appeal, as discussed in Section D2, below.
Question 1: Enter your full name, exactly as you If at all possible, get the evidence ready in time to
entered it on your Form N-400. (The exception would submit it with this form and check the second box.
be if your name has changed since then, for example If you need more time, check the third box and
through marriage or divorce. In such a case you indicate how much time youll need. Thirty days is
should attach a document that explains this, such as a the standardif you ask for more, the INS will want
marriage or divorce certificate.) a solid explanation (such as I am asking the Inter-
Question 2: Enter the date your citizenship applica- nal Revenue Service for a tax transcript, but am told
tion was denied. If the date was more than 30 days ago that its turnaround time is six weeks). Attach a
(or 33 days if the decision was mailed to you) you can statement (with your name and A-number at the
stop now, because youve already lost your chance to top) explaining why you need the amount of time
appeal. (See the paragraph at the opening of this Sec- youve requested.
tion D, above.) Your only option is to reapply for citi- Question 4: Enter your name, address, signature
zenship, as described in Section F, below. and the date.
Question 5: If you can adequately explain in The above list doesnt include videotapes. The
these few lines your reason why you believe the INS INS officers rarely have a time or place to view
made the wrong decision, do so. If, as is more videotapes, so theres no point in sending them.
likely, you cant fit your argument into this space,
After youve made your own list, put check marks
write please see attached statement and follow the
next to the five or six strongest, most convincing
instructions in subsection D2, below.
items. The idea is to give enough information to be
convincing, but to avoid burying the INS in a moun-
2. Preparing Supporting Documents tain of paperwork.
As you may have noticed, INS officers love docu- Looking at Saras list above, which entries strike
ments. A convincing document in your file gives the you as the most convincing? We believe the stron-
INS officer an outside authority on which to base deci- gest document is the last onemedical records from
sions and a defense against doubting supervisors. Un- the fertility specialist. This document is almost
less the basis of your appeal involves something that enough by itself, because it is from an independent,
cant be proven on papersuch as your English abil- outside source; it was created for a separate pur-
ityassemble documents that will prove your point. pose, not just for sending to the INS; and it shows
To organize your ideas for documents, get a that Sara and her husband were attempting to have
piece of scratch paper and write down every docu- children togethera classic sign of a real marriage.
ment youve thought of that might help your case. The records from the counselor are also excellent
For example, lets take an applicant named Sara, evidence, for similar reasons.
who is trying to convince the INS officer that her All of the other entries on Saras list are good
marriage to the spouse who got her a green card ideas, however. Given the strength of the other
was not a sham. Sara might write up the following documents this applicant will obtain, she might
list of potential supporting documents: choose to drop the idea of bothering the neighbors
for sworn statements.
You arent limited in the type or number of docu-
Saras List of Possible Documents
ments you can present during your appeal. If there
my sworn statement were gaps in your previous documents or other evi-
photos of me and my husband on summer dence, you now have an opportunity to fill them.
vacation in Mexico Think creatively about what documents will most
letters from friends addressed to both of us convincingly show that the INS got its facts wrong.
sworn statement by neighbors saying that they Letters or records from official, trustworthy sources
saw us sharing the house, taking out the gar- such as doctors, government officials or schools are
bage, barbequing together, etc. the best. See, for example, the list of documents in-
copies of records from meetings with marriage cluded in the Sample Statement in Support of Appeal
counselor in Section D3, below. This person was able to show
copies of bills and receipts sent to our address that, although the INS may not have believed that his
in both our names, and trips to Canada lasted less than 24 hours, he had in-
medical records from fertility specialist show- dependent confirmation from his credit card com-
ing that we were both tested to find out why I pany, a hotel and a kennelnone of whom would
hadnt gotten pregnant yet. be expected to lie for him. He also included a sworn
statement from a friend. The friends statement is
weaker evidence, but when added to the rest, it per-
suasively rounds out the picture.
If you use letters or sworn statements from friends 3. Preparing a Sworn Statement
and relatives, make sure they include as much detail
INS Form N-336 provides only a few lines in which to
as possible and are signed. For example, having
explain the basis for your appeal. Its possible your
your husband say in a letter that, I swear that my
case is so simple that it could be explained within
wife has never abused drugs, is not strong evi-
these few linesbut its not likely. Avoid summariz-
dence, by itself. However, he will provide a more
ing your reasoning into something cursory like, I de-
convincing statement if he writes, I swear that my
serve citizenship and my case should be approved.
wife has never abused drugsin fact, shes so op-
Instead, use a separate page or two in which to fully
posed to unnatural chemical substances that I have
explain why the INS was wrong and you truly de-
to beg her to take an aspirin when she has the flu.
serve U.S. citizenship. Write your statement in plain
In Chapter 2, we provide a sample letter by a
English and avoid legal-sounding language.
friend or relative. This sample was written for some-
In addition, you can use this statement as a way
one attempting to prove her good moral character
to summarize and explain the documents that
for her original application and such an issue might
youve enclosed in support of your appeal. Look at
also come up on appeal. The sample shows an ap-
the sample statement below for ideas on formatting
propriate letter format and level of detail. To make
and the appropriate level of detail, then write your
the letter more legally convincing, the writer can
own.
turn it into a sworn statement by adding the follow-
You might be wondering why, if the INS already
ing language at the bottom (see Section D3, below
doubts your right to citizenship, would it take your
for a full sample of a sworn statement, which can be
word on appeal and grant you citizenship? Obvi-
tailored for use by a friend or relative):
ously, if youve lied to the INS or another govern-
I swear, under penalty of perjury, that the con-
ment official in the past, the INS will look skepti-
tents of the foregoing statement are true and correct
cally at your sworn statement. But it is not always
to the best of my knowledge.
possible for an applicant to come up with a docu-
Its always a good idea to start with your own
ment that covers every relevant life issue, and the
sworn statement, explaining the situation and giving
INS knows it. The INS officer will carefully consider
an overview of the documents youre presenting.
your sworn statementcheck it for detail, complete-
Well discuss how to prepare a sworn statement in
ness and internal logicand then potentially give it
Section D3, below.
great weight in deciding on your case.
Harvard UniversityCambridge, Massachusetts

DENIALS, APPEALS AND REPEAT INTERVIEWS 9/ 1 1
Sample Statement in Support of Appeal

876 48th Street, Apartment 9A
Detroit, MI 48207
March 7, 2003
Immigration and Naturalization Service

Detroit District Office
333 Mt. Eliot
Detroit, MI 48207
RE: Citizenship Appeal
A#87654321
Dear Sir/Madam:
I am requesting an appeal of my citizenship application because the INS officer who heard my case made
a mistake. I explained during the interview that I had not entered my trips to Canada on the N-400 appli-
cation form because none of my trips were for longer than 24 hours. The officer assumed that I was lying
and denied the application.
I do not understand why the officer believed that I was lying. My INS file shows I have always been truth-
ful in my dealings with INS and other government officials and I am telling the truth in this instance.
Though it may seem unlikely that I would never stay in Canada for more than 24 hours, the fact of the mat-
ter is that I only drive up there for the purpose of meeting an old friend for dinner at our favorite restaurant.
I stay the night at a hotel afterwards and return the next morning. Also, I hate to stay away too long, since
my dog Richie suffers greatly during my absences and the kennel is expensive.
In fact, I can prove that my trips to Canada were short ones. Enclosed please find the following:
credit card bills showing purchases of gas and other items north and south of the Canadian border be-
fore, during and after each of my brief trips
a letter from the friend with whom I have dinner confirming our regular meetings
a letter from the hotel where I always stay showing the dates of all my stays over the past five years and
confirming that Ive never stayed for more than one night, and
a sworn statement from the kennel that boards my dog Richie while Im away, confirming that, on all
the dates of my Canadian trips, I picked up Richie within 26 hours (the two extra hours represent the
time it takes to get from the Canadian border to the kennel).
Thank you for this opportunity to clarify matters and to show my eligibility for U.S. citizenship.
Ercan Bensusan
Ercan Bensusan
4. Deciding Whether to Appear 6. Your Decision

Personally The INS may tell you its decision on your appeal at
The appeal form provides a section in which you the end of the interview, if you attend one, or it
can request a personal meeting with the officer de- may send you a decision by mail. If youre waiting
ciding your appeal. If you feel you can best explain for a decision by mail, we cant predict how long
your reasons for citizenship in person, or if its im- youll waitit varies by local district offices.
possible to prove your qualifications without being If you win your appeal and the INS approves you
there (for example, if the issue is whether you speak for U.S. citizenship, see Chapter 11 for information
English), make this request. If, however, the matter on the swearing-in ceremony and your new rights as
is something that you think can be resolved on pa- a citizen. If the INS still refuses to grant you U.S.
per, or if youre extremely shy about defending your citizenship, see Section E, below.
case in front of another INS officer, dont request a
personal interview. The appeals officer can review
your file based on the paperwork in your file and
E. What to Do If You Lose the
on any additional written explanation or documents Appeal
that you submit for the appeal. If your citizenship appeal is denied for a reason that
clearly doesnt affect your eligibility to remain in the
5. Submitting Your Appeal; Attending United States with a green cardfor example, fail-
Your Interview ing the English examyou can fix the problem and
Submit your appeal by mail, to the INS office at submit a new citizenship application (see Section F),
which you had your interview. The address will be or simply decide to do nothing for now. Presuming
shown on your denial notice. As always, protect you dont do anything to endanger your green card
your packet from loss by keeping a copy for your status (such as getting arrested or abandoning your
records and by sending it certified mail with a return U.S. residence), you are allowed to live in the
receipt requested. United States permanently, without ever becoming a
If you request an interview, the agency has 180 U.S. citizen.
days to call you in. (Dont panic if more time passes, If, however, your case is denied for a reason that
howeverthe INS often fails to meet its scheduling does affect your right to remain in the United
obligations.) Be sure to bring copies of all your ap- Statesfor example, committing a crime, abandon-
peal materials as well as all the documents you ing your U.S. residence or alien smugglingseek
brought to your original INS interview. skilled legal help immediately. Depending on the
Theres not much difference between your origi- basis for the denial, you could be put into deporta-
nal interview and an appeal. When you appeal, you tion proceedings and lose your green card alto-
return to the INS office and meet with a different gether. The attorney may also be able to help you
INS officerone who may be higher-ranking or of file an appeal in federal court. For information on
equal rank to the one who originally denied your finding a good attorney, see Chapter 10.
application.
Look again at Chapter 8 for tips on getting
F. Reapplying for Citizenship
through an INS interview. The appeal proceedings
are usually as informal as your initial interview. The If youve decided to skip the appeal and reapply for
officer may conduct the whole interview over, as if citizenship, or if your appeal was denied but you
the first one never happened. Or the officer may still feel sure you qualify for citizenship, go back to
simply focus on the problem area. Be prepared to Chapter 3 and start freshbut use the lessons you
make a brief statement about why you should not learned during this application process. Examine the
have been denied citizenship. INSs written reasons for your denial and make sure
that your next application corrects the problem.
DENIALS, APPEALS AND REPEAT INTERVIEWS 9/ 1 3
While youre at it, review your INS interview in your In these cases, you should not reapply until the
mind. Was there anything about your application appropriate length of time has passed.
that bothered the INS officer? If, for example, an of- In terms of procedures, your new application
ficer had trouble reading your handwriting, it would wont be treated any differently than your previous
probably be worth typing the application this time application. You will wait the same length of time
around. and will be randomly assigned an INS officer for
Some applicants wonder whether they should wait your interview. On the other hand, your old file will
a while to reapply, to give their case a rest. Given not be forgotten. The INS officer will have a chance
the many months or years youll wait for your inter- to review your old citizenship application before
view and the strong likelihood that your case will be making a decision concerning the new one. So dont
interviewed by a different INS officer, there is no ad- view your new application as an opportunity to hide
vantage to waiting. The only reasons to wait are: past problems with your application.
you need extra time to prepare for the exams, or There is no limit on how many times you can re-
you were denied for a time-sensitive reason, apply for citizenshipbut we sincerely hope that
such as failure to complete probation or failure you wont have to put this rule to the test!
to show a sufficient number of years with good
moral character.
C H A P T E R
10
Legal Help Beyond This Book

A. When Do You Need a Lawyer? .......................................................................... 10/2
B. Make a List of Prospective Attorneys .................................................................. 10/3
C. Avoid Sleazy Lawyers ......................................................................................... 10/3
D. Choosing Among Lawyers .................................................................................. 10/4
1. Immigration Law Experience ......................................................................... 10/4
2. Client Rapport ............................................................................................... 10/5
3. Access to Your Lawyer .................................................................................. 10/5
4. Explaining Services and Costs ....................................................................... 10/5
E. Signing Up Your Lawyer .................................................................................... 10/7
F. Firing Your Lawyer ............................................................................................. 10/8
G. Do-It-Yourself Legal Research ............................................................................ 10/8
1. The Federal Code .......................................................................................... 10/9
2. INS and State Department Regulations and Guidance ................................... 10/9
3. Information on the Internet .......................................................................... 10/10
4. Court Decisions ........................................................................................... 10/10
5. Legal Publications ....................................................................................... 10/10
M any people apply for and receive U.S. citizen-

ship without opening a law book or consult-
ing a lawyer. Unfortunately, not everyones citizen-
Lawyers can assist and advise you on all five of
these issues. We absolutely recommend you seek a
lawyers assistance for the first three.
ship case is an easy one. Thorny issues can arise re- But be warned, an attorney wont have as much
garding your eligibility for citizenship, the impact of power as you might like when it comes to the
criminal convictions, time spent outside the United fourth issueassisting you with INS delays. In some
States, membership in certain political organizations cases, lawyers may have access to inside fax in-
and more. In such instances, you may need good quiry lines, where they (and only they) can fax in
legal help, and fast. In this chapter, well explain: questions about delayed or problematic casesbut
when applicants need to consult an attorney (see even lawyers have trouble getting answers to such
Section A) inquiries. Experienced lawyers may also have con-
how to find suitable counsel (see Sections B and tacts inside the INS who can give them information
C) or locate a lost file. But the bottom line is that a
how to hire, pay and (if necessary) fire your lawyer has no magic words that will force the INS
lawyer (see Sections D, E and F), and into taking action. So youll have to decide whether
how to do some legal research on your own its worth it to pay a lawyer to address the INSs fail-
(see Section G). ure to act on your application. After all, the lawyer
will basically be doing what you can probably do
If you are or have ever been in deportation pro-
yourselfrepeatedly calling or writing to the INS
ceedings, you must see a lawyer. If the proceed-
until it comes up with an answerand the answer
ings arent over or are on appeal, your entire immigra-
may simply be that you have to wait longer.
tion situation is probably in the power of the courts
Do you need an attorney to represent you at your
and you are not allowed to apply for citizenship
citizenship interview? If you know that there is a
through naturalization. Even if the proceedings are
problem in your case, then having a lawyer present
over, you should ask a lawyer whether the outcome
is a good idea. However, the lawyers main role will
affects your current application.
be to help clear up misunderstandings, point out the
law to the INS if its got it wrong, protect you from
harassment and help you later understand what hap-
A. When Do You Need a Lawyer? pened. This is all helpful, and it can make you feel
The most common reasons that applicants consult or more comfortablebut it leaves out one important
hire an attorney are: thing. The lawyer cannot stop the INS from asking
basic eligibility issuesfor example, there is an you whatever questions it finds relevant to your
issue as to whether you have lived in the U.S. case. If there is something you are hoping the INS
for the required time period wont delve into, bringing a lawyer is not going to
issues about moral characterfor example, you help. Also keep in mind that despite the popular
were arrested for a drug offense perception, your lawyer will not lie for you. Lawyers
exceptions to citizenship application rulesfor have an ethical obligation to tell the truth and can
example, you are unsure whether you qualify for lose their license if they violate it.
an exception to the residency requirements as
Beware of legal advice provided by the INS. Its
the former spouse of a deceased member of the
possible that an INS information officer, an ex-
U.S. military
amining officer or an INS higher-up may give you ad-
delaysfor example, the INS has failed to act on
vice about immigration law and your case. Keep in
your application for over six months, or
mind that INS employees cannot best represent your
to be accompanied by the lawyer at the citizen-
intereststhats what you attorney doesand their in-
ship interview.
formation may be partially or wholly inaccuratefor
example, an information officer answering the phones
LEGAL HELP BEYOND THIS BOOK 10/ 3
may misunderstand your inquiry or misstate the law. ness in disguiseand charge you the same rates as
Even if the advice is accurate, language barriers may an attorney would, for possibly substandard ser-
cause you to misinterpret the information. Whenever in vices. The INS cant guarantee that the organizations
doubt as to a legal course of action, seek your on its list are reputable, but usually if a group is on
attorneys opinion, not the advice of an INS officer. the list its because its fairly establishedin other
words, it wont pick up and disappear tomorrow.
Another good resource is the American Immigra-
B. Make a List of Prospective tion Lawyers Association (AILA). Contact them on
the Internet at www.aila.org or call 800-954-0254.
Attorneys AILA offers a lawyer referral service and its member
Immigration law is a specialized area with many lawyers have passed a screening process, which
subspecialties. So, you will need to find a qualified keeps out less scrupulous practitioners. On the other
immigration lawyersomeone whose practice is hand, dont reject an attorney just because he or she
concentrated in the area of immigration and who is not an AILA member. Membership is pricey and
has experience dealing with the INS. not all good immigration lawyers have joined.
Youre most likely to find a reliable attorney by To avoid making the wrong choice:
asking a trusted person for a referral. You probably Dont open the telephone book and pick the im-
know someone in the United States who is sophisti- migration lawyer with the biggest advertisement.
cated in practical affairs and has been through an The size of the ad has nothing to do with the
immigration process. Perhaps this person can rec- qualifications of the attorney.
ommend his or her lawyer or can ask that lawyer to Dont rely on bar association referral panels
recommend another. (lawyer listing services run by groups of law-
Local nonprofit organizations serving immigrants yers). Such services tend to place lawyer-mem-
can also be excellent sources for referrals. A non- bers on their lists without screening them as to
profit organization is a charity that seeks funding whether theyre qualified to handle cases such as
from foundations and individuals to help people in yours.
need. Since they exist to serve others rather than to Once you have a list of a few good lawyers, meet
make a profit, they charge less and are usually or talk to each and choose one. Well talk more
staffed by people whose hearts and minds are in the about lawyers fees below.
right places.
Most nonprofits keep lists of lawyers whom they
know do honest immigration work for a fair price C. Avoid Sleazy Lawyers
or the nonprofit itself may be able to take your case, Some immigration attorneys are candidates for saint-
if you have a low income. In the immigrant services hoodthey put in long hours dealing with a diffi-
field, examples of nonprofits include the Albuquer- cult bureaucracy on behalf of a clientele that typi-
que Border City Project (New Mexico), Northwest cally cant pay high fees. Unfortunately, some immi-
Immigrant Rights Project (Seattle), El Rescate Legal gration attorneys are a nightmareand there are
Services (Los Angeles), Public Advocates (Los Ange- more than a few of them. Their practice is based on
les), the International Institutes (nationwide) and high-volume, not quality and they churn out the
Catholic Charities (nationwide). same forms for every client regardless of the situa-
For a list of INS-approved nonprofits, ask your tion. These lawyers can get you into deep trouble
local INS office or Immigration Court or check the by overlooking critical issues in your case or failing
INS website (www.ins.usdoj.gov/graphics/lawsregs/ to submit applications or other materials on time.
advice.htm). If you hope to use the services of a One thing they never seem to forget is to send you
nonprofit, you dont need to use one from the INS a huge bill for their supposed help. Some signs to
list, but it may be wiser to do so. Some nonprofits watch for are:
may be unscrupulous or may be a for-profit busi-
The lawyer approaches you in an INS office or D. Choosing Among Lawyers

other public location and tries to solicit your
Once youve got your short list of lawyers, try to
business. Direct in-person, for-profit solicitation
contact each attorneys office either by phone or
by a lawyerwhen the lawyer has no family or
email. Ask the lawyer, receptionist or paralegal who
prior professional relationship with youis ille-
handles new clients the following questions:
gal and unethical. More importantly, in-person
Does your practice include citizenship cases?
solicitation is a sure sign that youre dealing with
Are you accepting new cases now?
a loser. A competent lawyer doesnt need to find
What is your initial consultation fee, if any?
clients this way.
Many lawyers charge initial consultation fees, to
The lawyer makes big promises, such as I guar-
cover the time that they spend meeting with people
antee Ill win your case or Ive got a special
and evaluating their cases. The initial consultation
contact that will put your application at the
fee is usually $50 to $100 (in fact, $100 is the man-
front of the line. The INS is in ultimate control
datory maximum fee for AILA referral lawyers).
of your application, and lawyers who imply they
Some lawyers provide free consultations, but many
have special powers are misleading you and
have found that they cant afford to offer this free
could be involved in something dishonest.
service, since immigrants often have no visa or rem-
The lawyer has a fancy office and wears expen-
edy available to themthat is, the lawyer gets no
sive jewelry. A fancy office or a $2,000 suit
work after the consultation. Pay a reasonable fee for
arent necessarily signs of a lawyers compe-
your initial consultation, but do not sign any con-
tence. These trappings may just be a sign that
tracts for further services until youre confident
the lawyer charges high fees and believes that
youve found the right lawyer. This usually means
clients are impressed by appearance, not perfor-
meeting and consulting with several lawyers.
mance.
The lawyer encourages you to lie on your appli- Dont expect a lawyer to quote you an estimate
cation. A lawyer who advises you to liefor ex- of the full fee for services until your first meet-
ample, by suggesting that you deny or conceal ing. Most lawyers cant determine the fee until theyve
trips outside the United Statesisnt ethical and met with you, discussed your individual situation and
may permanently endanger your chances for citi- determined the number of hours your case is likely to
zenship. Keep in mind that the INS may already take.
know this lawyers reputation and will apply
Most lawyers will conduct the initial consultation
closer scrutiny to your application because of it.
in person. Thats good for you because youll get a
You might think that the unethical lawyers would
better sense of whether the lawyer is right for you.
be put out of business. Sad to say, neither the attor-
Below are some important factors to consider as you
ney bar associations, the courts nor the police take
consult with prospective lawyers.
much interest in going after those who prey on im-
migrants. Absent this threat of official scrutiny, there
is little deterrent for such unethical behavior. 1. Immigration Law Experience
To learn how much experience a lawyer has in is-
If you are the victim of an unscrupulous lawyer,
sues concerning U.S. citizenship, ask practical ques-
complain! Law enforcement wont go after law-
tions, such as:
yers who prey on immigrants until there is sufficient
How long do you expect my application to take?
community pressure. If a lawyer acts unethically, report
What is the reputation of the citizenship unit at
it to the state and local bar association and the local
the INS office that will be handling my case?
District Attorneys office. Ask your local nonprofits if
How many citizenship cases did you handle this
anyone else in your area is collecting such information.
year?
The more experience the lawyer has, and the 3. Access to Your Lawyer
more detailed the answers, the better. A lawyers
A lawyers accessibilitythat is, whether its easy or
expertise in immigration law is not something that
hard to reach him or hermay be tough to judge
can be gained from reading law books alone. An
before you make your hiring decision, but some fac-
experienced lawyer is more likely to anticipate and
tors may give you an indication. For example, listen
know how to deal with problems than a novice and
to the lawyers receptionist as you wait in the office.
will know the procedural quirks of the local INS of-
If the receptionist is rude, pushing clients off or giv-
fices. This doesnt mean you should avoid a lawyer
ing flimsy excuses about why the lawyer hasnt re-
who is new to the professionjust make sure she
turned their calls, dont hire that lawyer. In your first
comes recommended by other immigration lawyers
meeting, ask the lawyer how quickly he or she will
and her fees are reasonable compared to more ex-
normally get back to you. If the lawyer regularly
perienced attorneys.
breaks his or her promise, youll have grounds on
If you choose a novice immigration attorney, which to complain. Of course, you also have a re-
youre better protected if the new lawyer shares sponsibility not to pester your lawyer with frequent
an office with more experienced immigration lawyers calls.
who can provide backup advice.
4. Explaining Services and Costs
2. Client Rapport Toward the end of your consultation, the lawyer
should explain the charges for handling your case
Dont assume that you should find the meanest,
from start to finish. Make sure you understand ex-
toughest shark to fight for your case. This ap-
actly what is and is not includedfor example, the
proachthough common in some types of litiga-
fee probably wont include filing an appeal. (This
tionisnt necessarily the best choice in immigration
should be made clear. Ask whether the lawyer is
matters. You may need to share some highly confi-
willing to handle appeals if necessary.) Hiring an
dential information with your lawyer and youll want
attorney is a business arrangement, so ask questions
someone who is discreet and thoughtful. Also, real-
and negotiate. We talk about typical fee structures in
ize that a lawyers politeness goes a long way with
subsection a, below.
immigration officials and sharks often produce a bu-
In addition to fees, you will probably be respon-
reaucratic backlash. Lawyers with a sense of deco-
sible for paying the lawyers expenses for handling
rum and civility are more likely to enjoy a good
your casefor example, photocopying, postage,
working relationship with the INS.
transportation and parking during your INS inter-
No matter what type of legal problem you have,
view. In some cases, these expenses may mount
dont expect your lawyer to make all your decisions
quicklyfor example, charging per page for copy-
for you. There are many situations in which the law
ing your paperwork or faxing it to an INS office.
doesnt provide clear guidance and you, not your
Make sure you are clear about what will be charged
attorney, will have to make the final decision about
for each expense. Some lawyers have been known
your course of action. For example, if youve been
to turn a tidy profit by charging, for example, 20
outside the United States for a year and are worried
cents a page for a photocopy job that cost them
that applying for citizenship will cause you to lose
only three cents a page. If the charges seem unrea-
your green card, the lawyer cant decide whether
sonable compared to other attorneys, dont choose
you should take the risk of applying. A good lawyer
that lawyer.
will accurately describe the legal paths that are
Cost is important but its only one factor in choos-
available to you, but will ask you to make the final
ing your lawyer. If youve got a complicated case,
decision.
and youve found an experienced lawyer who youd
like to handle it, paying that lawyer a little more will
be worth the investment. However, dont assume b. If You Cant Afford Legal Fees
that a higher rate means a better lawyer. Some attor-
If the fees you are being quoted are beyond your
neys who charge less may be keeping their over-
reach but you definitely need legal help, you have a
head low or may be philosophically opposed to
couple of options:
charging high fees. A fee thats far less than others
arrange a work-splitting arrangement with an at-
have quoted you, however, may be a sign of a non-
torney, or
lawyer attempting to pass himself off as an attorney
obtain low-cost help from a nonprofit organiza-
(see, When Non-Lawyers Offer Immigration Assis-
tion.
tance, below). Get as much independent informa-
In a work-splitting arrangement, the lawyer con-
tion as you can about the quality of the lawyer you
sults with you solely about the issue causing you
hope to hireand then decide whether the fee is
difficulty, reviews a document or performs some
affordable and reasonable.
other key task, at the hourly rate; while you do the
follow-up work, such as filling out the application
a. Flat Rates and Hourly Rates forms and translating or writing documents, state-
Many immigration lawyers charge flat ratesthat is, ments, letters or more. Be forewarned, though, most
fixed fees that do not change regardless of the num- lawyers wont want to get into a mixed arrangement
ber of hours spent. Flat fees are particularly com- unless they are sure they wont end up correcting
mon where the case is not complicated. The flat fee any problems you may cause by doing something
for a standard citizenship application (including rep- wrong. For example, some lawyers wont agree to
resentation at the interview) usually ranges between represent you in an INS interview if they werent
$850 and $1,500. (Of course, if your case isnt com- hired to review your forms and documents before
plicated, you can probably see it through using this you submitted them to the INS.
book rather than a lawyer.) Even with flat fees, a A second option is to look for a nonprofit organi-
lawyer will preserve the right to charge you for ex- zation offering free immigration services or reduced
penses and for additional time spent on unexpected rates. In addition, some law schools run immigration
tasks. law clinics where law students take on immigrant
Flat fees do, however, give you an opportunity to cases under the supervision of a professor. But dont
compare prices between lawyerseven with the get your hopes too high. The U.S. government does
add-on fees and expenses, youll get a general sense not fund organizations that provide services to im-
of the lawyers fee structure. If the lawyer quotes an migrants (except for very limited types of services),
hourly rate instead, expect to pay between $100 and which means that most nonprofits depend on pri-
$300 per hour. vate sources of income and are chronically under-
funded. Meanwhile, the demand for such services is
Dont pay the whole flat fee up front. Human
very high. The result is that many nonprofits as well
nature being what it is, if you give the lawyer
as law school clinics have long backlogs of cases
your money up front, there will be less incentive to
and may not be able to take your case at all.
please you. And if you dont like the lawyer later on,
If you presently cant afford a lawyer, but your
youll have a hardif not impossibletime getting
case is tricky enough that you need one, dont risk
your money back. Ask if you can pay in installments
applying for citizenship on your own. As weve dis-
for example, monthly payments, or half at the outset
cussed, you can live in the United States perma-
and half at the time of your interview. Alternatively, ask
nently with your green card, by obeying certain
if you can initially pay for a few hours service (perhaps
rules. The safest route is to wait and save your
to be deducted against the flat fee). That way, if you
money until you can pay a lawyer. Otherwise, you
dont like the lawyers work, you can end the relation-
may find yourself in deportation court, where youll
ship with less hassle and more money.
have no choice but to hire a lawyerand you risk
losing your green card altogether.
E. Signing Up Your Lawyer your case. These expenses may include phone
calls, postage and photocopying. When possible,
Many lawyers will ask you to sign an agreement
the amounts for each expensefor example, ten
known as a fee agreementcovering their services
cents per page photocopyingshould be set out
and the fees you will pay them. A fee agreement
in the agreement.
can help prevent misunderstandings, but in order
Effect of nonpayment. Many lawyers charge in-
for it to be effective, it should be understandable
terest if you fail to pay on time. This is normal
not written in confusing legal jargonand the law-
and probably not worth making a big fuss about.
yer should explain the contract to you, not just push
If you do have trouble paying on time, the attor-
it under your nose, saying, Sign here. A fee agree-
ney may be willing to forego the interest if its
ment usually provides for:
clear youre taking your obligation seriously and
Scope of work. The agreement will describe
make arrangements for payment.
what the lawyer will do for you. To protect
Exclusion of guarantee. The lawyer will probably
yourself from abuse, make very sure that the
warn you in the agreement that theres no guar-
contract specifies in detail all the work that is
antee hell win your case. This may appear as if
already included. For example, a contract for a
hes preparing an excuse in case you lose, but it
lawyer to help you with your citizenship applica-
is actually a common and responsible way for
tion might specify that the lawyer will be re-
the lawyer to let you know that no one can ever
sponsible for preparation and submission of N-
guarantee success. After all, the INS is the ulti-
400 application, reasonable follow-up with the
mate decision-maker on your case.
INS and representation at one interview. If the
Effect of changes in your case. Most fee agree-
lawyer agrees to include work on any special
ments will include a provision stating that if
documents, make sure these are mentioned in
there is something you didnt tell the attorney, or
the contractfor example, a sworn statement
if something new arises relevant to your case
from a friend or family member.
for example, you concealed that you are the
Fees. The agreement will establish the amount
head of your local anarchist group, and/or you
youll pay, either as a flat fee (a lump sum you
get arrested after youve already submitted your
pay for a stated task, such as $800 for a citizen-
citizenship applicationthe attorney can charge
ship application) or at an hourly rate, with a
you additional fees to deal with the work result-
payment schedule. If you hire an attorney at an
ing from these revelations or concealments. This
hourly rate, the contract can specify that you be
is normal; but to protect yourself against abuse,
told when the hours have hit a certain limit.
make sure that the scope of work is described
Expenses. You will probably be required to pay
accurately as we discussed, above.
incidental expenses associated with work on
Brown UniversityProvidence, Rhode Island

When Non-Lawyers Offer F. Firing Your Lawyer

Immigration Assistance You have the right to fire your lawyer at any time.
But before you do, make sure that the lawyer is
Be careful about whom you consult with or hand
truly at fault. Dont blame your lawyer for delays
your case over to. Unless you see certification that
actually caused by the INS.
the person youre dealing with is a lawyer, an ac-
You can always consult with another lawyer if
credited representative or a paralegal working
you believe your case has been mishandled. Before
under the direct supervision of a lawyer, that per-
you seek a second opinion, ask your lawyer for a
son may simply be a typistand may know just
complete copy of your file first (you have a right to
enough about immigration law to get you into
have it any time). If it appears that your case was
deep trouble.
mishandled or if relations with your lawyer have de-
To check on whether someone is really a law-
teriorated, firing the lawyer may be the healthiest
yer, ask for her Bar Number and call the state bar
thing for you and your immigration case.
association.
You will have to pay the fired lawyer for any
An accredited representative is a non-lawyer who
work that has already been done on your case. If
has received training from a lawyer and been rec-
you originally paid a flat fee, the lawyer is permitted
ognized by the INS as qualified to prepare INS
to keep enough of the fee to cover the work already
applications and represent clients in court. Many
done, at the lawyers standard hourly rate, limited
of them know as much as any lawyerbut do
by the total flat fee amount. Ask for a complete list
your research and make sure they can show you a
of hours worked and how those hours were spent.
certificate of accreditation or evidence of which
Dont count on getting any money back, however
lawyer is supervising them. A paralegal is a non-
flat fees are often artificially low, and its very easy
lawyer who has acquired some legal knowledge
for lawyers to show that they used up your fee on
and performs basic legal tasksfor example filling
the work that was done.
out forms. Although there are many educational
Firing your lawyer will not affect the progress of
programs for learning paralegal skills, there is no
your application with the INS. However, send a let-
accreditation process for paralegalsthat is, any-
ter to the last INS office you have heard from, di-
one can claim to be one.
recting it to send all future correspondence to you
Dont be misled by people using the title no-
(or to your new lawyer).
tary public. Although in some countries, a notary
public may have legal skills, in the U.S. the title is
reserved for a fairly menial serviceverifying the G. Do-It-Yourself Legal Research
identity of those who sign legal documents. Titles
At some point, you may wish to look at the immi-
like Paralegal, Notary Public and Immigra-
gration laws yourself. We applaud your interest in
tion Consultant are usually meaningless when it
the law, but beware! An INS spokesperson once
comes to providing you with legal advice about
called the immigration laws a mystery, and a mas-
immigrationthese people do not have a law de-
tery of obfuscation. (INS spokeswoman Karen
gree or the necessary training or supervision.
Kraushaar, quoted in The Washington Post, April 24,
Hiring a non-lawyer or non-accredited repre-
2001.)
sentative is only appropriate if you want help with
Researching the immigration laws is something
the form preparation, and no more. But as you
even the experts find difficult, so you may be wad-
know from reading this book, even the most inno-
ing into murky waters if you try it on your own. Fig-
cent questions on INS forms can have important
uring out local INS office procedures and policies
legal consequences.
can be even more difficult. This doesnt mean that
you shouldnt ever look farther than this book.
Some research inquiries are quite safefor in- Try to think of narrower or unusual combinations of
stance, if weve cited a section of the law and you terms for your search, such as good moral charac-
want to read the exact language or see whether that ter or continuous residence. (And make sure to
section has changed, theres no magic in looking up use the proper legal term, not Nolos substitute for
the law and reading it. But in general, be cautious itwe always alert you to the legal term at the
when researching. If possible, look at several opening of the section that discusses the concept.)
sources to confirm your findings.
Immigration laws are federal, meaning they are b. Using Law Libraries
written by the U.S. Congress and do not vary from
Any law library (such as the one at your local court-
one state to another (though procedures and priori-
house or law school) should have a complete set of
ties for carrying out the laws may vary among INS
the U.S. Code (traditionally abbreviated as U.S.C. or
offices in different cities or states). Below we give
U.S.C.A.). The library may also have a separate vol-
you a rundown on the most accessible research
ume containing exactly the same material, but called
toolsand not coincidentally, the ones that immi-
the Immigration and Nationality Act, or I.N.A.
gration lawyers most often use.
Unfortunately, the two sets of laws are numbered
Law libraries arent just for lawyers. Many law a bit differently, and not all volumes of the I.N.A.
libraries, particularly those connected with pub- cross-reference to the U.S. Code and vice versa. For
lic law schools, are state-funded. These libraries must this reason, when code citations are mentioned in
make federal statutes and regulations available to the this book, we include both the U.S.C. and I.N.A.
public. Dont be shy about using such libraries as a re- numbers.
source. (This is not the case with all law school librar-
iesprivate law school libraries are not always open to 2. INS and State Department Regulations
the public.) and Guidance
Another important source of immigration law is the
1. The Federal Code Code of Federal Regulations, or C.F.R. Federal regu-
lations are written by the agencies responsible for
Federal immigration law is located in Title 8 of the
carrying out federal law. The regulations are meant
United States Code. The U.S. Code consists of fed-
to explain in greater detail just how the federal
eral laws passed by Congress and applicable
agency is going to carry out the law. Youll find the
throughout the United States. Below we explain
INS regulations at Title 8 of the C.F.R. The INS regu-
how to locate the text of these laws.
lations are helpful, but certainly dont have all the
answers. Again, the easiest way to access these rules
a. Searching on the Internet
is via the Internet. Visit Nolos Legal Research Center
The easiest way to access the U.S. Code is via the (www.nolo.com). On the home page, click Legal
Internet. For example, you can review the code at Research Center, then choose U.S. Laws and Regu-
Nolos website (www.nolo.com). On the home page, lations. Scroll down to Code of Federal Regula-
click Legal Research Center, then choose U.S. tions. If you already know the title (which is 8) and
Laws and Regulations. If you already know the title section, you can enter them and pull up the text im-
(which is 8) and section, you can enter them and mediately. If you dont have the section number,
pull up the text immediately. If you dont have the you can search by terms. If you dont have access to
section number, you can search using relevant terms. the Internet, your local law library will also have
When doing word-based searches, avoid common print copies of the C.F.R.s.
terms. Words such as immigration, citizenship or
naturalization will bring up thousands of results.
3. Information on the Internet other thing, such discussions probably mean that
your case has become complicated enough to need
If you have Internet access, familiarize yourself with
a lawyer. For these reasons, we do not attempt to
the INS website (www.ins.gov) where you can ob-
teach you how to research federal court decisions
tain information on various immigration benefits and
here. For more information on performing that type
applications (including citizenship through natural-
of research, read Legal Research: How to Find & Un-
ization), downloads of most immigration forms and
derstand the Law, by Stephen Elias and Susan
current fees.
Levenkind (Nolo).
On the Internet youll also find sites provided by
immigration lawyers as well as immigrants. The
quality of these sites varies widely, so we dont at- 5. Legal Publications
tempt to review all of them here. Many of the law- We recommend two legal publications used by im-
yers sites are blatant attempts to bring in business migration lawyers:
by providing a little information. That said, a couple Interpreter Releases, a weekly update published
of lawyer sites that contain useful information in- by Federal Publications Inc. (a West Group com-
clude: pany), and
www.shusterman.com (by attorney Carl Immigration Law and Procedure, a multi-vol-
Shusterman, with daily news of immigration law ume, continually updated loose-leaf set by
changes and current processing times at the INS Charles Gordon, Stanley Mailman and Stephen
Service Centers) Yale-Loehr (LEXIS Publishing).
www.visalaw.com (by the firm of Siskind, You should be able to find both at your local law
Susser, Haas & Devine, and including regular library. Both are very well indexed. They are written
updates on immigration law matters) and for lawyers, so youll have to wade through some
www.ilw.com (a privately run website called the technical terminology.
immigration portal, which includes various
chat room opportunities).
Internet Resources
Sites created by immigrants offering immigration
information, although well-meaning, are not always This list summarizes the useful Internet sites that
reliable when it comes to legal or procedural facts. have been mentioned in this book.
The U.S. Immigration and Naturalization Ser-
4. Court Decisions vice (INS) (www.ins.gov)
Immigrants who have been denied citizenship may List of nonprofit agencies approved by the INS
appeal these decisions to the federal courts. The (www.ins.usdoj.gov/graphics/lawsregs/
courts decisions in these cases are supposed to gov- advice.htm)
ern the future behavior of the INS. Hopefully, you Attorney Carl Shusterman (www.shusterman.com)
will never have to argue with an INS official that Siskind, Susser, Haas & Devine:(www.visalaw.com)
your case should (or should not) fit within a particu- The Immigration Portal (www.ilw.com)
lar court decision. For one thing, the officials are not Lists of overseas embassies in the U.S:
likely to listen until they get a specific directive from (www.embassy.org/embassies/index.html or
their superiors or until the court decision is incorpo- www.embpage.org).
rated into the INS regulations (the C.F.R.). For an-
C H A P T E R
11
After You Are Approved

A. The Swearing-In Ceremony ................................................................................ 11/2
1. What to Bring ................................................................................................. 11/5
2. What to Expect ............................................................................................... 11/5
B. How to Prove Your Citizenship .......................................................................... 11/6
C. Registering to Vote ............................................................................................. 11/7
D. Citizenship for Your Children ............................................................................. 11/7
1. Citizenship for Existing Children ................................................................... 11/7
2. Citizenship for Future Foreign-Born Children ................................................ 11/8
E. Helping Other Family Members Immigrate ........................................................ 11/9
1. Helping Your Foreign-Born Spouse and Children .......................................... 11/9
2. Helping Other Family Members .................................................................. 11/10
I f you have been approved for U.S. citizenship,

congratulations! This chapter will guide you
through the final phases of the citizenship process
how your children can become citizens auto-
matically (Section D), and
how you can help certain family members to im-
and help you claim some of the rights that are now migrate (Section E).
owed to you. (For a review of those rights, see
Chapter 1.) Well discuss:
the swearing-in ceremonywhat to bring and A. The Swearing-In Ceremony
what will happen (Section A) You are not a citizen until you attend a swearing-in
how to prove your citizenship (Section B) ceremony. Either at your INS interview or soon af-
how to register to vote (Section C) ter, you will receive a written notice (INS Form N-
445) telling you the date and time at which the cer-
emony will be held. See the sample notice from the
Oakland INS office, below. The INS usually holds
such ceremonies twice a month.
Mount Rushmore, North Dakota

AFTER YOU ARE APPROVED 11/ 3
Since you do not become a citizen until the cer- Your Reentry Permit or Refugee Travel Docu-
emony, you must continue to maintain your eligibil- ment. If you have either of these documents,
ity for citizenship. In fact, you will be asked before bring them so that the INS can review your
the ceremony to sign a paper assuring the INS that travel history and verify your continued eligibil-
you are still eligible for citizenship. Now is not the ity for citizenship.
time to jeopardize your chances for citizenship by Any immigration documents you have. Bring
getting arrested or by suddenly divorcing the person your passport with any U.S. visas you might
through whom you obtained your green card. once have obtained, as well as any other impor-
If you wont be able to make the appointment for tant INS approvals or permits. Although the INS
the swearing-in ceremony, return the notice to the isnt likely to examine these documents, theres a
INS along with a letter explaining why youre un- chance you may be asked to show them.
able to attend and asking the agency to reschedule Other. The items listed above are things that ev-
you. Make a copy of both items for yourself before eryone will be asked to bring, if they have them.
mailing them. Send the request by certified mail to If the INS wants you to bring anything addi-
the INS office where you had your interviewyoull tional, it will mention it in this Other category.
find the address on the swearing-in notice. The INS
The INS notice advises you to wear proper
office will reschedule you and send you a new Form
attire. This doesnt mean you have to go out and
N-445 appointment notice to tell you when your
buy a suitjust avoid bare feet and disrespectful clothing.
swearing-in ceremony will be. We recommend try-
ing to make the appointment, however, because re- The INS materials sent to you will explain
scheduling always seems to produce delays. whether you can bring family members to the cer-
emony. This will depend in part on the size of the
1. What to Bring hall where the ceremony is to be held. Unfortu-
nately, not all halls are large enough for everyone in
As you can see from the sample appointment notice,
ones family to attend. If the INS permits your family
the INS asks you to bring a variety of things to your
members to watch the proceedings, they wont be
swearing-in ceremony, including:
allowed to sit with youfamily members are the
The swearing-in notice, with the back side of the
audience and are usually asked to sit in the bal-
notice filled in. Youre expected to fill this in just
cony or in the seats to the rear of the hall. With over
before you go to your swearing-in ceremony.
a thousand or more new citizens often sworn in at a
Take a look at the questions youll be asked on
single ceremony, space can be tight. You may need
the samplequestions about whether youve re-
to arrive early to assure your family members of get-
cently married, divorced, traveled outside the
ting a seat.
United States and more. These questions are de-
signed to make sure that nothing has changed
since your citizenship interviewmost impor- 2. What to Expect
tantly, that you still have the same name and are The swearing-in is a group ceremony, which will
still eligible for U.S. citizenship. If your answer probably last two to three hours.
to any of the questions impacts your citizenship When you first arrive, an INS officer or a volun-
eligibility (see Chapter 2) or if you arent sure, teer will point you to an area where youll turn in
consult a lawyer. your appointment notice and meet briefly with an
Your green card (Alien Registration Card). To officer. Usually this will be at a series of tables di-
avoid any fraudulent uses of your green card, vided alphabetically, to correspond with the letters
you must return it to the INS at the swearing-in of your last name (surname). Youll need to know
ceremony. You wont need it once youre a citi- the English alphabet to figure out which table to go
zen. toyou may, for example, see signs saying A-F,
G-L, M-R and S-Z. Go to the table whose letters
include the first letter of your last name. For ex- B. How to Prove Your Citizenship
ample, if your last name is Yang, then you would go
At the end of your swearing-in ceremony, the judge
to the S-Z table.
or INS officer will call you up to receive your Natu-
The INS officer at the table will review your ap-
ralization Certificatea document that looks like a
pointment notice, including the portion on the back
college diploma and is more suitable for framing
that you filled in. He may ask to see other immigra-
than for carrying around. Before you hang it on the
tion documents. Assuming everything is acceptable,
wall, however, make photocopies in case you want
you will hand in your green card and receive any
to help other family members immigrate. (Youll
additional citizenship information. Then youll pro-
need to send the copies to the INS with the visa pe-
ceed into the main hall for the ceremony.
titions you submit for them.) Yes, we know it says
The ceremony is meant to be a celebrationthere
on the certificate that copying it is illegalbut the
may be speeches, television cameras and more.
INS does not object to making copies for purposes
Youll hear various peoples ideas of what it means
of an immigration application. It is illegal is to forge
to be a U.S. citizen. The ceremony is often held in a
additional copies of the certificate for other people
courtroom, with a judge presiding. (Of course, if
to use.
you are sworn in by an INS officer, rather than a
judge, its just as valid.) Check your Naturalization Certificate for errors.
The crucial moment is when you raise your hand Even before you leave the ceremony hall, take a
and repeat, together with the group, the Oath of Al- close look at your name and the other information on
legiance making you a U.S. citizen. (For information your certificate. If anything is wrong, look around for
on how members of certain religious groups and the Resolution Table or an INS officer who can help
conscientious objectors to military service can you. The INS may be able to fix your certificate that
modify the oath to match their beliefs, see Chapter same day. If you dont notice the error until youve
2, Section G.) Youve seen the oath elsewhere in gone home, go to your local INS office within five days,
this book, but here it is once more: if possiblethats the time window within which the
INS is usually willing to fix any mistakes that are its
fault, for free. After that youll have to file INS Form
N-565, and pay a fee.
The Oath of Allegiance
Your U.S. passport is a more useful form of proof
I hereby declare, on oath,
of citizenship status. If you are asked, at the swear-
that I absolutely and entirely renounce and abjure all ing-in ceremony, whether you want to fill out a
allegiance and fidelity to any foreign prince, potentate, passport application, we recommend that you do so.
state or sovereignty, of whom or which I have heretofore Youll need a passport in order to travel and return
been a subject or citizen; to the United States, and its convenient for showing
to employers and the like. If you dont apply for a
that I will support and defend the Constitution and the
passport at the ceremony, you can obtain one later
laws of the United States against all enemies, foreign
through the U.S. State Department (a different
and domestic;
agency from the one that runs the INS). For contact
that I will bear true faith and allegiance to the same; information, look in the blue, federal government
pages of your phone book or check online
that I will bear arms on behalf of the United States
(www.state.gov).
when required by the law; and
that I take this obligation freely, without any mental
reservation or purpose of evasion, so help me God.
C. Registering to Vote Do not use the information in this chapter to

analyze the citizenship rights of anyone other
After you have been sworn in as a citizen, you are
than your own child or the child of someone just be-
eligible to vote in U.S. electionsnational and local.
coming a citizen. The laws have changed over the
We recommend taking advantage of this right even if
years, but the older laws remain in force for certain
you distrust politicians, feel that you dont understand
children, depending on when they were born, when
the issues or are unsure of the English language.
their parents became citizens and more. For more infor-
There are ways of dealing with voting barriers.
mation, see Nolos Legal Encyclopedia
Community and ethnic organizations often hold
(www.nolo.com). Click Immigration and Green
seminars in other languages to help educate foreign-
Cards, then click U.S. Citizenship, then click U.S.
born voters. Organizations or newspapers that you
Citizenship By Birth or Through Parents.
trust will analyze the issues and recommend ways to
vote. And when you do go to vote, remember that
you dont have to vote on every single itemyou 1. Citizenship for Existing Children
can choose to punch your ballot slip only for those
Certain children can become citizens automatically
candidates or issues of importance to you.
through their citizen parents under a legal concept
To sign up to vote, contact your local Registrar of
called derivation. The Child Citizenship Act of 2000
Voters (you have to be on the Registrars list in ad-
provides that your children will become U.S. citizens
vance of the next election if you want to vote in it).
the moment that all of the following become true:
Elections are commonly held on the Tuesday on or
the child has lawful permanent residence (a
after the second day of November.
green card) and got that permanent residence
You can find the Registrars phone number in the
before he or she was age 18
blue or white pages of your local phone book, usu-
the child is living in the United States
ally under the city or county section. If this doesnt
the child is living under your legal and physical
work, look for voter registration forms at local gov-
custody, and
ernment officesfor example, departments of motor
you become a citizen before your child turns 18.
vehicles, post offices, fire stations and city halls.
It doesnt matter when your child was born or
whether the other parent is a U.S. citizen.
D. Citizenship for Your Children Adopted children are included among those who
can derive citizenship under this provision. The
If you give birth to a child in the United States (in- child must have either been adopted as an orphan
cluding Guam, the Northern Mariana Islands, Puerto or been adopted before the age of 16 and have
Rico and the Virgin Islands), that child is a U.S. citi- lived with you (an adopting parent), in your legal
zen. Of course, that was true even before you be- custody, for at least two years.
came a citizen. However, by becoming a citizen you Although derivation of citizenship is automatic,
have gained some important new rights, including there is a down side to this. It means that no one
the ability to pass citizenship automatically to: will actually check to see whether your children are
certain of your existing children born outside the citizensand therefore no one will give you any
United States (see Section 1), and proof of their new status as citizens. To resolve this,
your future children born outside the United apply for Certificates of Citizenship for your children
States (see Section 2). using INS Form N-600. You can obtain this form by
If, after reading the sections below, you dont see calling the INS at 800-870-3676 or online
a way for your child to become a citizen automati- (www.ins.gov).
cally, dont give upsee an attorney. There are ways An alternative is for your child to apply for a U.S.
that children can become citizens that we dont de- passport, but because derivation is a complicated
scribe here, because they are obscure and rarely matter, the passport can be harder to get (and to re-
used. Act quicklycertain opportunities available to new). You should definitely apply for a passport for
your child may run out after he or she turns 18.
your child at some point, but see if you can get a addition, youll need to sign a statement that you
Certificate of Citizenship as well. For information on will provide financial support for the child until he
obtaining U.S. passports, contact the State Depart- or she reaches age 18. If youre overseas, the local
ment (www.state.gov). U.S. consulate may be able to help you with this pa-
perwork. If not, you may need the help of an expe-
2. Citizenship for Future Foreign-Born rienced immigration attorney.
Children If the two of you are not married and you are the
childs mother, and if the father refuses to admit that
If, in the future, one of your children is born outside
hes the father, then the residence requirements be-
the United States, that child may acquire U.S. citi-
come a bit more strict: You must have lived in the
zenship, depending on whether your childs other
United States for at least a full year before the child
parent is also a U.S. citizen (covered in subsection a,
is born in order for the child to acquire citizenship.
below), and if not, whether you, the citizen parent,
Again, however, since you probably already lived in
are the childs mother or the father (discussed in
the United States for that amount of time in order to
subsection b, below). (In addition, its possible that
become a citizen, this probably wont be a problem.
the child will gain citizenship in the country of
birthbut that depends on the laws of that country;
b. If Only One Parent Is a Citizen
not all countries grant citizenship based on birth.)
If your childs other parent is not a U.S. citizen and
a. If Both Parents Are U.S. Citizens you want the child to acquire your U.S. citizenship
when born overseas, it is still possible. However,
If both you and your childs other parent are U.S.
the requirements are slightly stiffer than if both par-
citizens your foreign-born child will acquire citizen-
ents had been U.S. citizens. If youre the mother and
ship if:
a U.S. citizen, youll need to have been physically
you and your childs other parent are married to
present in the United States or its outlying posses-
one another, and
sions for at least five years before the childs birth.
either you or your spouse have lived in the
At least two of those five years must have been after
United States before the birth date.
you reached age 14. It doesnt matter if you werent
There is no time minimum on how long you or
a citizen during the entire five years.
your spouse lived in the United States, but it needs
If you are the childs father, a U.S. citizen, and you
to have been your primary home at some point
are married to the mother, then the same require-
not just a temporary tourist destination. However,
ment described just above applies: Youll need to
since you probably had to live in the United States
have been physically present in the United States or
for a time before you became a citizen, you have
its outlying possessions for at least five years before
likely satisfied this requirement already.
the birth. At least two of those years must have been
If the two of you are not married when your child
after you had reached age 14. Again, it doesnt matter
is born and you are the father concerned with get-
if you werent a citizen during the entire five years.
ting citizenship for your child, the same require-
However, if you are the childs father and you
ments as above applybut youll need to take an
arent married to the mother, youll also need to le-
added step: legitimate the child before his or her
gitimate the child before his or her 18th birthday.
18th birthday. Legitimation is a legal term meaning
(See subsection a, above, for more about legitima-
that you accept the child as being yours under the
tion.) In addition, youll need to sign a statement
laws of the country where you live. This may be as
that you will provide financial support for the child
simple as putting your name on the childs birth cer-
until he or she reaches age 18. If youre overseas,
tificate. If youre not sure what the local procedure
the local U.S. consulate may be able to help you
is, an alternative is to acknowledge your paternity in
with this paperwork. If not, you may need the help
writing under oath (again, before the child is 18). In
of an experienced immigration attorney.
c. Obtaining Proof of Your Childs other family members, including your parents,
Citizenship married children, brothers and sisters, for whom
you now can start the immigration process (see
Although your childs citizenship acquisition is, in
Section 2).
theory, automatic, youll still want to be able to prove
it. If youre overseas, ask your local U.S. consulate for
a document called an FS-240, or Report of Birth
1. Helping Your Foreign-Born Spouse and
Abroad of a Citizen of the United States of America. If Children
you happen to have returned to the United States, Once youre a citizen, your spouse and your unmar-
you can apply to the INS for a Certificate of Citizen- ried children who are younger than age 21 turn
ship. This is done using INS Form N-600, which you from preference relatives into immediate rela-
can order from the INS at 800-870-3676 or obtain tivesrelatives who can apply for lawful perma-
online at www.ins.gov. nent residence right away, with no annual limits and
Another alternative is to ask the U.S. State Depart- no waiting lists to delay their progress. You can ei-
ment to give your child a U.S. passport. This may ther start the immigration process for them now, or
prove difficult, since State Department officials are if youve already started it by filing an initial visa pe-
less familiar with the details of the immigration laws tition for them, have them continue the process at a
than INS officials. In any case, you should definitely faster pace.
apply for a passport for your child at some point, and Unfortunately, even immediate relatives must go
see if you can get a Certificate of Citizenship as well. through a lot of application paperwork before they
can get their green cardsthe application process
often takes a year or more to complete. You cant
E. Helping Other Family Members avoid the paperwork. But at least youll know that
Immigrate their cases are progressing.
Your ability to help your foreign-born family mem- If you have unmarried children who are already
bers immigrate to the United States improves dra- older than 21, your citizenship turns them into what
matically after you become a U.S. citizen. While you are called first preference relatives. This is not as
had a green card, your rights were quite limited. beneficial as being an immediate relativeit means
You could sponsor (file a visa petition for) only that they are subject to the annual limits on the
your spouse and unmarried childrenno one else. number of visas and will have to wait for an avail-
In fact, you may have filed visa petitions for these able visa before they can continue with their immi-
family members and still be waiting for them to im- gration process. However, they are fairly high on
migrate. Spouses and unmarried children of perma- the priority list. Their wait will average about two
nent residents, as well as various other family mem- years (though longer if theyre coming from Mexico
bers, are called preference relatives. That means or the Philippines)a huge improvement over
that Congress has set annual limits on the number of when you were a permanent resident, at which time
visas available to them. Because the demand for they were in a lower category called 2B and their
these visas always exceeds the supply, preference wait for a visa averaged nine years.
relatives end up on waiting lists that last many years If your spouse or children are already on a visa
before they can immigrate to the United States. waiting list, you can advance them forward. If
But now that youre a citizen, the situation im- youve filed a visa petition to start the immigration
proves for: process for your spouse or children (Form I-130),
family members for whom you may have already but theyre still on the waiting list for a visa or green
started the immigration process, including your card, you dont have to restart the process from the
spouse and unmarried children, who will be beginning. In other words, you dont have to file a
able to immigrate faster (see Section 1), and new visa petition and they dont have to lose their
place in line. If they have become immediate rela-
tives, they can jump straight to the head of the line however, even immediate relatives must get through
and continue with the final stages of their applica- the paperwork of immigrating, which tends to take
tions for green cards. If theyre your children older at least a year to complete.)
than 21, they can go from the 2B waiting list to the Your married children as well as your brothers
first preference waiting list with full credit for the and sisters benefit because you can now file visa
years they have already waited. (In technical terms, petitions starting the immigration process for them.
they can use the same priority date as they had However, they will be considered your preference
before.) In either case, the procedure is to send a relatives, meaning that your visa petition wont get
copy of your citizenship certificate and a letter ex- them a visa or green card anytime soon. First, theyll
plaining the situation to whichever office is currently be put on a waiting list and subject to an annual
handling your family members files. limit on the number of visas that are given out. Your
A further benefit to your citizenship is that as married children will fall into the third preference
soon as your children become lawful permanent category, your brothers and sisters into the fourth
residents, they may also become instant citizensso preference category. Both are fairly low on the pri-
long as theyre younger than age 18 when you be- ority list and are likely to wait many years before
come a citizen and theyre living in the United States becoming eligible to immigrate to the United States.
in your legal and physical custody. (For more infor- See the chart below, Bringing the Family Over,
mation, see Section D, above, concerning derivation for a summary of who you can help immigrate and
of citizenship.) how long they are likely to wait. Unfortunately,
these estimates of waiting times are inexactthey
2. Helping Other Family Members merely show how long the wait was for people who
are finally receiving visas now. Because the length
Becoming a citizen allows you to start the immigra-
of the wait depends on supply and demand, it is un-
tion process for certain family members other than
predictable and could be far differentprobably
your spouse and unmarried children. These include
longerby the time your relatives apply. The waits
your parents, married children and brothers and sis-
rarely get shorter.
ters. (Unfortunately, it doesnt include family mem-
Note also that the length of time your family
bers such as grandparents, aunts, uncles, cousins,
member waits can be affected by which country he
nieces and nephews.) Not all of your eligible family
or she is coming from. For countries that have large
members will become immediate relatives, however;
numbers of visa applicants, the wait gets longer be-
some of them will have to wait many years before
cause the laws contain per-country limits. As a re-
having the opportunity to immigrate through you.
sult, the State Department usually creates a separate
Your parents benefit the most. They become your
(and longer) waiting list for Mexico, the Philippines
immediate relatives and can apply to immigrate to
and sometimes India.
the United States right away. (As described earlier,
AFTER YOU ARE APPROVED 11/ 1 1
Bringing the Family Over
Relationship to U.S. Citizen Category Name Average Length of Wait
Husband or wife Immediate relative No wait other than application processing time
Unmarried child younger than 21 Immediate relative No wait other than application processing time
Parent Immediate relative No wait other than application processing time
Unmarried child older than 21 Family first preference Three years from most countries, 14 years if
the child is from the Philippines; and an
indeterminate length of time if the child is from
Mexico (visas were unavailable in this category
as of July 2002 when this book went to print ).
Married child Family third preference Six years from most countries, 14 years if the
child is from the Philippines and six years if the
child is from Mexico.
Brother or sister Family fourth preference Thirteen years from most countries, 22 years if
theyre from the Philippines and 12 years if
theyre from Mexico.
A full discussion of the rules and procedures for assisting family members to immigrate is beyond the scope
of this book. For more information on immigrating spouses, see Fianc and Marriage Visas: A Couples
Guide to U.S. Immigration, by Ilona Bray (Nolo). For information on immigrating other family members, see How
to Get a Green Card, by Loida Nicolas Lewis and Len T. Madlansacay (Nolo), or U.S. Immigration Made Easy, by
Laurence A. Canter and Martha S. Siegel (Nolo). Family members who are living in the United States illegally, have
lived here illegally in the past or have ever been in deportation proceedings, will probably need the help of an ex-
perienced immigration lawyer.
Glossary
Words You Need to Know
A-Number an eight-digit number follow- the administrative appeal is denied, the

ing the letter A (for Alien) that the INS as- applicant can pursue further appeals in the
signs to green card applicants, to people federal courts, with the help of a lawyer.
who apply for certain immigration benefits
citizen (U.S.) a person who owes alle-
and to people placed in removal (deporta-
giance to the U.S. government, is entitled
tion) proceedings. Once assigned, the INS
to its protection and enjoys the highest
uses the A-number to track an applicants
level of rights due to members of U.S. so-
file. The A-number must be included on
ciety. People become U.S. citizens
any correspondence with the INS.
through their birth in the United States or
aggravated felony a crime so serious that its territories, through their parents or
it will permanently bar a person from U.S. through naturalization. Citizenship status
citizenship. The immigration law counts a cannot be taken away except for certain
number of crimes as aggravated felonies, extraordinary reasons. (For more informa-
even if the criminal laws didnt call them tion see the immigration section of Nolos
felonies in the first place. (For more infor- legal encyclopedia (www.nolo.com).)
mation, see Chapter 2, Section D1.)
citizenship exam a test that a lawful per-
alien smuggling helping or encouraging manent resident must pass to become a
someone to enter the United States ille- naturalized U.S. citizen, covering the En-
gally. People who have committed alien glish language as well as U.S. civics, his-
smuggling can be barred from U.S. citi- tory and government.
zenship. (For more information see Chap-
conditional resident a person whose sta-
ter 2, Section D3.)
tus is almost identical to that of a lawful
appeal an opportunity for a higher au- permanent resident, except that the status
thority to review an immigration decision. expires after a set period of time, usually
In the citizenship context, the first appeal two years. Before the expiration date, the
after a denial of ones application is called conditional resident must submit an appli-
an administrative appeal, meaning that it cation asking the INS to approve him for
is heard by another officer of the INS. If permanent residency.
GLOSSARY/ 2 BECOMING A U.S. CITIZEN: A GUIDE TO THE LAW, EXAM AND INTERVIEW
consulate an office of the U.S. Department of State Executive Office for Immigration Review see Im-
located overseas and affiliated with a U.S. embassy migration Court, below.
in that countrys capital city.
G-325B (Biographic Information) an INS form
continuous residence one of the requirements for required of citizenship applicants who have served
U.S. citizenship (referred to in this book as the con- in the military. (For more information, see Chapter
tinuous U.S. stay requirement). (For more informa- 3.)
tion, see Chapter 2, Section B2.)
good moral character a requirement for U.S. citi-
continuous U.S. stay see continuous residence, zenship. (For more information see Chapter 2, Sec-
above. tion D.)
crime of moral turpitude a crime that is morally green card identification card carried by lawful
wrong, such as fraud. Such crimes will bar appli- permanent residents of the United States (although
cants from showing the good moral character neces- no longer green). The INS name for the green card
sary for citizenship. (For more information, see is an I-551 or Alien Registration Receipt Card. A
Chapter 2, Section D.) green card is different than the work permit card
often carried by non-citizens (Employment Authori-
Department of Justice an agency of the United
zation Document). (In this book, we also use the
States federal government that oversees the INS.
term green card to refer to the card received by
Department of State an agency of the United conditional residents.)
States federal government that oversees U.S. embas-
green card holder commonly used term for an im-
sies and consulates.
migrant, or a lawful resident, whether permanent or
deportable an immigrant or permanent resident conditional.
who falls into one of the grounds listed at I.N.A.
immediate relative the spouse, parent or unmar-
237, 8 U.S.C. 1227 is said to be deportable, and
ried child under age 21 of a U.S. citizen. Immediate
can be removed from the United States after a hear-
relatives can apply for green cards without worrying
ing in Immigration Court.
about quotas or waiting periods. Spouses include
deport/deportation see removal, below. widows and widowers who apply for the green card
within two years of the U.S. citizen spouses death.
Deportation Proceedings (also known as removal
Parents must wait until their U.S. citizen child is age
proceedings) an Immigration Court hearing to de-
21 to apply. Children can include stepchildren and
termine whether a person should be deported or
adopted children (subject to further requirements).
removed from the United States.
immigrant a term generally used to refer to any
District Office one of 33 INS offices in the United
foreign-born newcomer to the United States. The
States that serve the public in a specified geographic
INS categorizes immigrants as those who have at-
area. Most INS field staff are located in district of-
tained permanent residency or a green card. The
fices. District offices offer information (usually at an
INS categorizes everyone else as a nonimmigrant,
information desk), provide INS forms and accept
even though theyre in the United States.
and make decisions on some but not all applications
for immigration benefits. Naturalization (citizenship) Immigration Court (also known as the Executive
applications are currently not among the applica- Office for Immigration Review or EOIR) the first
tions they acceptthese must be sent to an INS Ser- court that will hear a case if an individual is placed
vice Center. However, District Offices do conduct in deportation (removal) proceedings. Cases are
naturalization (citizenship) interviews. (For a list of heard by Immigration Judges, and the INS has its
locations, see Appendix A or the INS website own crew of trial attorneys who represent the
(www.ins.gov).) agency in court.
dual citizenship maintaining citizenship in two Immigration and Nationality Act (I.N.A.) a portion
countries at the same time. The United States cur- of the federal code containing all U.S. immigration
rently allows dual citizenship with other countries. laws. The I.N.A. can also be found in the United
States Code (U.S.C.) at Title 8. (To find it online,
embassy the chief U.S. consulate within a given
visit Nolos website (www.nolo.com) and on the
country, and the residence of the U.S. ambassador,
home page click U.S. Laws and Regulations.)
usually located in the capital city.
GLOSSARY GLOSSARY/ 3
Immigration and Naturalization Service (INS) a Oath of Allegiance the statement of loyalty to the
branch of the United States Department of Justice, re- United States that immigrants approved for U.S. citi-
sponsible for controlling the United States borders, en- zenship must recite at their swearing-in ceremony in
forcing the immigration laws and processing and judg- order to become U.S. citizens.
ing the cases of immigrants living in the United States.
permanent residence the status of being a perma-
inadmissible a personal characteristic for which the nent resident; see below.
U.S. government will deny a visa or admission to
permanent resident (also known as a green card
the United States because the individual falls into
holder) a person approved to live in the United
one of the categories listed at I.N.A. 212, 8 U.S.C.
States for an unlimited amount of time. The status
1182. Broadly speaking, these categories of inad-
can be lost for certain reasons, such as having com-
missibility cover people who might be a burden on
mitted a crime or making ones home outside the
or risk to the U.S. government or public for health,
United States. The green card must be renewed ev-
security or financial reasons. (Replaces the formerly
ery ten years although the actual green card status
used term, excludible.)
doesnt expire. After a certain number of years (usu-
lawful permanent resident see permanent resi- ally five), a permanent resident can apply for U.S.
dent, below. citizenship. However, many people remain in the
United States for decades without applying for citi-
location requirements the term used in this book
zenship. Although they cannot vote, permanent resi-
to describe the three requirements relating to a
dents enjoy many other rights, such as the right to
citizens physical location during the months and
work and travel freely.
years leading up to citizenship, including: continu-
ous residence (or continuous U.S. stay), physical physical presence a condition for U.S. citizenship
presence and state stay requirements. (For more in- requiring that a resident be physically present in the
formation, see Chapter 2.) U.S. for a fixed period of time. (For more informa-
tion read Chapter 2, Section B.)
N-336 (Request for Hearing on a Decision in
Naturalization Proceedings Under Section 336 of the political asylee someone who is permitted to live
INA) a form used to appeal a denial of ones appli- in the United States as a sanctuary from the persecu-
cation for citizenship. (For more information, see tion faced in the native country. Political asylees can
Chapter 9.) apply for green cards and later for U.S. citizenship.
(For information on when asylees become eligible
N-400 (Application for Naturalization) a form
for citizenship, see Chapter 2, Section B3.)
used to apply for U.S. citizenship through the natu-
ralization process. (For information on how to com- preference relative a relative of a U.S. citizen or
plete this form, see Chapter 3.) permanent resident considered more distant than an
immediate relative (see immediate relative,
N-426 (Request for Certification of Military or Na-
above) and who does not have an immediate right
val Service) a form required of citizenship appli-
to a U.S. visa or green card. Limits are placed on the
cants who have served in the military.
numbers of visas and green cards issued to prefer-
N-470 (Application to Preserve Residence for ence relatives each year, with the result that there is
Naturalization Purposes) a form used by certain cat- a waiting list of many years, depending on the exact
egories of people to request permission to live out- family relationship. Preference relatives include the
side the United States for a year or more without adult children of U.S. citizens (first preference), the
impacting their eligibility for citizenship. (For more spouses and unmarried children under age 21 of
information, see Chapter 2, Section B.) lawful permanent residents (second preference), the
married sons and daughters of U.S. citizens (third
N-648 (Medical Certification for Disability Excep-
preference) and the brothers and sisters of U.S. citi-
tions) a form to be completed by a doctor in support
zens (fourth preference).
of an applicant who requests a waiver of the citizen-
ship exam requirements based on medical disability. public charge an immigrant with insufficient finan-
(For more information see Chapter 7, Section B.) cial support who receives welfare or some other
form of need-based government assistance. This sta-
naturalization an immigrant who succeeds in at-
tus can result in an immigrant being found inadmis-
taining United States citizenship by submitting an
sible or, under certain circumstances, deportable.
application and passing a citizenship exam, is said
to have naturalized.
GLOSSARY/ 4 BECOMING A U.S. CITIZEN: A GUIDE TO THE LAW, EXAM AND INTERVIEW
refugee someone permitted to enter and live in the to the public; all communication must be by letter,
United States in order to avoid persecution faced in with limited telephone access. Though inconvenient
a native country. (Refugees are similar to asylees ex- to work with, the applicant has no choicean ap-
cept that refugees apply for their status from over- plication that must be reviewed by a Service Center
seas, whereas asylees have already reached the will not be accepted or decided by a District Office.
United States on their own before submitting an ap- (The Service Center addresses for citizenship appli-
plication.) Refugees can apply for green cards and cations are provided in Chapter 3. For more general
later for U.S. citizenship. (For information on when information on Service Center locations and ad-
refugees become eligible for citizenship, see Chapter dresses for other applications, call the INS informa-
2, Section A.) tion line at 800-375-5283 or see the INS website
(www.ins.gov).)
resident someone residing legally in the United
States, whether temporarily, permanently or condi- state stay requirement term used to describe re-
tionally. quirement that an applicant live in the same U.S.
state or INS district for three months before applying
removal the process of sending an alien back to
to the INS there. (For more information, see Chapter
his or her home country because he or she is (or
2, Section B.)
has become) inadmissible or deportable. This term
combines the former INS terms exclusion, the term swearing-in ceremony ceremony at which immi-
used for blocking someones entry into the United grants approved for U.S. citizenship recite the Oath
States, and deportation. of Allegiance, are formally granted U.S. citizenship
by a judge or INS officer and receive a Naturaliza-
Selective Service System U.S. government agency
tion Certificate.
that collects the names of young men in the United
States who are between the ages of 18 and 26 in United States Code see Immigration and National-
preparation for a U.S. military draft. Men must have ity Act, above.
registered for the Selective Service in order to
waiver when the INS agrees to overlook one of the
qualify for U.S. citizenship, as discussed in Chapter
normal requirements of an immigrants application.
2, Section D12.
In the citizenship context, waivers of the English lan-
Service Center INS office responsible for accepting guage and U.S. history and government exam re-
and making decisions on particular applications quirements are available to applicants who are of
from people in specified geographical areas. Unlike advanced age or are medically disabled. (For more
the INS District Offices, Service Centers are not open information, see Chapter 2, Sections E and F.)
APPENDIX
A
INS District Office and Sub-Office Addresses
NOTE: The below list contains the street addresses You may see an address listed below your states
(not mailing addresses) of INS District Offices and name that is in another statethat means that its
Sub-Offices or Satellite Offices (which perform most the closest INS District Office to you, and also serves
of the same functions as District Offices) serving your state. For more information on INS office loca-
your state. You can visit these offices in person, for tions or contact information, see the INS website at
INS forms and information. www.ins.gov.
ALABAMA INS Fort Smith Sub-Office

INS Atlanta District Office 4991 Old Greenwood Road
Martin Luther King Jr. Federal Building Fort Smith, AR 72903
77 Forsyth Street SW
Atlanta, GA 30303 CALIFORNIA
INS Fresno Sub-Office
ALASKA 865 Fulton Mall
INS Anchorage District Office Fresno, CA 93721
620 East 10th Avenue, Suite 102
INS Los Angeles District Office
Anchorage, AK 99501
300 North Los Angeles Street, Room 1001
Los Angeles, CA 90012
ARIZONA
INS Tucson Sub-Office INS Sacramento Sub-Office
6431 South Country Club Road 650 Capitol Mall
Tucson, AZ 85706-5907 Sacramento, CA 95814
INS Phoenix District Office INS San Diego District Office
2035 North Central Avenue 880 Front Street, Suite 1234
Phoenix, AZ 85004 San Diego, CA 92101
ARKANSAS INS San Francisco District Office

INS New Orleans District Office 444 Washington Street
701 Loyola Avenue San Francisco, CA 94111
New Orleans, LA 70113
APPENDIX A/ 2 BECOMING A U.S. CITIZEN: A GUIDE TO THE LAW, EXAM AND INTERVIEW
California, continued INS Orlando Sub-Office

9403 Tradeport Drive
INS San Jose Sub-Office
Orlando, FL 32827
1887 Monterey Road
San Jose, CA 95112 INS Tampa Sub-Office
5524 West Cypress Street
INS Santa Ana Sub-Office
Tampa, FL 33607-1708
34 Civic Center Plaza
Federal Building INS West Palm Beach Satellite Office
Santa Ana, CA 92701 301 Broadway
Riviera Beach, FL 33401
COLORADO
INS Denver District Office GEORGIA
4730 Paris Street INS Atlanta District Office
Denver, CO 80239 Martin Luther King Jr. Federal Building
77 Forsyth Street SW
CONNECTICUT Atlanta, GA 30303
INS Boston District Office
John F. Kennedy Federal Building GUAM
Government Center INS Honolulu District Office
Boston, MA 02203 595 Ala Moana Boulevard
Honolulu, HI 96813
INS Hartford Sub-Office
450 Main Street, 4th Floor
HAWAII
Hartford, CT 06103-3060
INS Honolulu District Office
595 Ala Moana Boulevard
DELAWARE
Honolulu, HI 96813
USINS Philadelphia District Office
1600 Callowhill Street
IDAHO
Philadelphia, PA 19130
INS Helena District Office
INS Dover Satellite Office 2800 Skyway Drive
1305 McD Drive Helena, MT 59602
Dover, DE 19901
INS Boise Sub-Office
1185 South Vinnell Way
DISTRICT OF COLUMBIA
Boise, ID 83709
INS Washington District Office
4420 N. Fairfax Drive
ILLINOIS
Arlington, VA 22203
INS Chicago District Office
10 West Jackson Boulevard
FLORIDA
Chicago, IL 60604
INS Miami District Office
7880 Biscayne Boulevard
INDIANA
Miami, FL 33138
INS Chicago District Office
INS Jacksonville Sub-Office 10 West Jackson Boulevard
4121 Southpoint Boulevard Chicago, IL 60604
Jacksonville, FL 32216
INS Indianapolis Sub-Office
950 N. Meridian St., Room 400
Indianapolis, IN 46204
INS DISTRICT OFFICE AND SUB-OFFICE ADDRESSES APPENDIX A/ 3
IOWA MICHIGAN
USINS Omaha District Office INS Detroit District Office
3736 South 132nd Street 333 Mt. Elliot
Omaha, NE 68144 Detroit, MI 48207
KANSAS MINNESOTA
INS Kansas City District Office INS St. Paul District Office
9747 Northwest Conant Avenue 2901 Metro Drive, Suite 100
Kansas City, MO 64153 Bloomington, MN 55425
USINS Wichita Satellite Office
MISSISSIPPI
271 West 3rd Street North, Suite 1050
INS New Orleans District Office
Wichita, KS 67202-1212
701 Loyola Avenue
KENTUCKY
INS New Orleans District Office INS Jackson Sub-Office
701 Loyola Avenue 100 West Capitol Street
New Orleans, LA 70113 Jackson, MS 36269
INS Louisville Sub-Office
MISSOURI
Gene Snyder U.S. Courthouse and Customhouse
INS Kansas City District Office
Room 390
9747 Northwest Conant Avenue
601 West Broadway
Kansas City, MO 64153
Louisville, KY 40202
MONTANA
LOUISIANA
USINS Helena District Office
INS New Orleans District Office
2800 Skyway Drive
701 Loyola Avenue
Helena, MT 59602
NEBRASKA
MAINE
USINS Omaha District Office
INS Portland District Office
3736 South 132nd Street
176 Gannett Drive
Omaha, NE 68144
South Portland, ME 04106
NEVADA
MARYLAND
INS Phoenix District Office
INS Baltimore District Office
2035 North Central Avenue
Fallon Federal Building
Phoenix, AZ 85004
31 Hopkins Plaza
Baltimore, MD 21201 INS Las Vegas Sub-Office
3373 Pepper Lane
MASSACHUSETTS Las Vegas, NV 89120-2739
USINS Boston District Office
INS Reno Sub-Office
John F. Kennedy Federal Building
1351 Corporate Boulevard
Government Center
Reno, NV 89502
Boston, MA 02203
NEW HAMPSHIRE Building 6, Suite 138

INS Boston District Office (Woodlawn Green Office Complex)
John F. Kennedy Federal Building Charlotte, NC 28217
Government Center
Boston, MA 02203 NORTH DAKOTA
INS St. Paul District Office
INS Manchester Satellite Office
2901 Metro Drive, Suite 100
803 Canal Street
Bloomington, MN 55425
Manchester, NH 03101
OHIO
NEW JERSEY
INS Cleveland District Office
INS Newark District Office
A.J.C. Federal Building
Peter Rodino Jr., Federal Building
1240 East Ninth Street, Room 1917
970 Broad Street
Cleveland, OH 44199
Newark, NJ 07102
INS Cincinnati Sub-Office
INS Cherry Hill Sub-Office
J.W. Peck Federal Building
1886 Greentree Road
550 Main Street, Room 4001
Cherry Hill, NJ 08003
Cincinnati, OH 45202
NEW MEXICO
OKLAHOMA
INS El Paso District Office
1545 Hawkins Boulevard, Suite 167 INS Dallas District Office
El Paso, TX 79925 8101 North Stemmons Freeway
Dallas, TX 75247
INS Albuquerque Sub-Office
1720 Randolph Road SE INS Oklahoma City Sub-Office
Albuquerque, NM 87106 4149 Highline Boulevard, Suite #300
Oklahoma City, OK 73108-2081
NEW YORK
INS Buffalo District Office OREGON
Federal Center INS Portland, District Office
130 Delaware Avenue 511 NW Broadway
Buffalo, NY 14202 Portland, OR 97209
INS New York City District Office PENNSYLVANIA

26 Federal Plaza INS Philadelphia District Office
New York City, NY 10278 1600 Callowhill Street
INS Albany Sub-Office Philadelphia, PA 19130
1086 Troy-Schenectady Road INS Pittsburgh Sub-Office
Latham, NY 12110 1000 Liberty Avenue, Federal Building, Room 314
Pittsburgh, PA 15222-4181
NORTH CAROLINA
INS Atlanta District Office PUERTO RICO
Martin Luther King Jr. Federal Building INS San Juan District Office
77 Forsyth Street SW San Patricio Office Center
Atlanta, GA 30303 7 Tabonuco Street, Suite 100
INS Charlotte Sub-Office Guaynabo, PR 00968
210 E. Woodlawn Road
INS DISTRICT OFFICE AND SUB-OFFICE ADDRESSES APPENDIX A/ 5
INS Charlotte Amalie Sub-Office INS El Paso District Office

Nisky Center, Suite 1A First Floor South 1545 Hawkins Boulevard, Suite 167
Charlotte Amalie, St. Thomas El Paso, TX 79925
U.S. Virgin Islands 00802
INS Harlingen District Office
INS San Croix Sub-Office 2102 Teege Avenue
Immigration and Naturalization Service Harlingen, TX 78550
Sunny Isle Shopping Center
Houston INS District Office
Christiansted, St. Croix
126 Northpoint
U.S. Virgin Islands 00820
Houston, TX 77060
RHODE ISLAND INS San Antonio District Office
INS Boston District Office 8940 Fourwinds Drive
John F. Kennedy Federal Building San Antonio, TX 78239
Government Center
Boston, MA 02203 UTAH
INS Denver District Office
INS Providence Sub-Office
4730 Paris Street
200 Dyer Street
Denver, CO 80239
Providence, RI 02903
INS Salt Lake City Sub-Office
SOUTH CAROLINA 5272 South College Drive, #100
INS Atlanta District Office Murray, UT 84123
Martin Luther King Jr. Federal Building
77 Forsyth Street SW VERMONT
Atlanta, GA 30303 INS Portland District Office
176 Gannett Drive
INS Charleston Satellite Office
South Portland, ME 04106
170 Meeting Street, Fifth Floor
Charleston, SC 29401 INS St. Albans Sub-Office
64 Gricebrook Road
SOUTH DAKOTA St. Albans, VT 05478
INS St. Paul District Office
2901 Metro Drive, Suite 100 VIRGIN ISLANDS
Bloomington, MN 55425 INS San Juan District Office
San Patricio Office Center
TENNESSEE 7 Tabonuco Street, Suite 100
INS New Orleans District Office Guaynabo, PR 00968
701 Loyola Avenue
INS Charlotte Amalie Sub-Office
Nisky Center, Suite 1A First Floor South
INS Memphis Sub-Office Charlotte Amalie, St. Thomas
Suite 100 U.S. Virgin Islands 00802
1341 Sycamore View Road
INS San Croix Sub-Office
Memphis, TN 38134
Sunny Isle Shopping Center
TEXAS Christiansted, St. Croix
INS Dallas District Office U.S. Virgin Islands 00820
8101 North Stemmons Freeway
Dallas, TX 75247
VIRGINIA WEST VIRGINIA

INS Washington District Office INS Philadelphia District Office
4420 N. Fairfax Drive 1600 Callowhill Street
Arlington, VA 22203 Philadelphia, PA 19130
INS Norfolk Sub-Office INS West Virginia Satellite Office
5280 Henneman Drive 210 Kanawha Boulevard West
Norfolk, VA 23513 Charleston, WV 25302
INS Pittsburgh Sub-Office
WASHINGTON
1000 Liberty Avenue, Federal Building, Room 314
INS Seattle District Office
Pittsburgh, PA 15222-4181
815 Airport Way South
Seattle, WA 98134
WISCONSIN
INS Spokane Sub-Office INS Chicago District Office
U.S. Courthouse 10 West Jackson Boulevard
920 W. Riverside Room 691 Chicago, IL 60604
Spokane, WA 99201
INS Milwaukee Sub-Office
INS Yakima Sub-Office 310 E. Knapp Street
417 E. Chestnut Milwaukee, WI 53202
Yakima, WA 98901
WYOMING
USINS Denver District Office
4730 Paris Street
Denver, CO 80239
APPENDIX
INS Publications
100 Sample U.S. History and Government Questions With Answers ..................................... B/3
Form M-378: U.S. Immigration & Naturalization Service Color Photograph Specifications .... B/13
INS PUBLICATIONS APPENDIX B/ 3
APPENDIX B/ 4 BECOMING A U.S. CITIZEN: A GUIDE TO THE LAW, EXAM AND INTERVIEW
APPENDIX B/ 1 0 BECOMING A U.S. CITIZEN: A GUIDE TO THE LAW, EXAM AND INTERVIEW
INS PUBLICATIONS APPENDIX B/ 1 1
INS PUBLICATIONS APPENDIX B/ 1 3
APPENDIX
Tear-Out Immigration Forms

G-325B Biographic Information
I-847 Report of Complaint
N-336 Request for Hearing on a Decision in Naturalization Proceedings Under Section 336 of the ACT
N-400 Application for Naturalization
N-426 Request for Certification of Military or Naval Service
N-648 Medical Certification For Disability Exceptions
APPa/32 IS BLANK
Index
A getting help from your Congressperson, 4/12

incomplete/lost documents, 4/6
inquiries by lawyers, 4/11, 10/2
Accredited representatives, 10/8
inquiring about, 4/5, 4/7, 4/9
Address changes, notifying INS, 4/11
INS requests for additional documents, 8/9,
Addresses, on application, 3/7, 3/8
8/10, 9/25
Adopted children, citizenship for, 11/7
moving or traveling during processing, 4/1112
Affiliations, on application form, 3/9
processing time, 2/5, 4/2, 4/6
Age
receipt notice, 4/35, 4/6
as eligibility requirement, Intro/1, 2/3, 2/16
requesting emergency attention, 4/12
See also Older people
Service Center application number, 4/6
Aggravated felonies, 2/18, 2/21, Glossary/1
tips for submitting, 3/10, 3/1314
AILA (American Immigration Lawyers Association),
tracking processing and dealing with delays,
10/3
4/311
Alcohol, 2/18, 2/21
verifying receipt of, 4/3
Alien smuggling, 2/1920, Glossary/1
what to include in packet, 3/23, 3/10
American history and government exam. See U.S.
See also Application form
history and government exam
Application fee, 3/2
American Immigration Lawyers Association (AILA),
if your check is not cashed, 4/3, 4/6
10/3
lost checks or money orders, 4/6
Anarchy, support for, 2/24
waiver of, 3/1113
Anti-immigrant laws, 1/10
Application form (Form N-400), 3/2, Appendix C
A-number, 4/5, 9/6, Glossary/1
changes to, 8/4
Appeals, 9/2, 9/512
fee waivers, 3/1113
defined, Glossary/1
going over, at interview, 8/4
Application
how to fill out, 3/410
checking status online, 4/5
studying vocabulary on, 6/3
copying and mailing, 3/1314
See also Application
denials, appealing, 9/2, 9/612
Asylees, 2/7, 2/10, Glossary/3
denials, reapplying after, 9/56, 9/1213
Attachments to INS forms, 3/5
final approval/denial of, 8/10, 9/2, 9/45
Attorneys. See Lawyers
fingerprint notice and appointment, 4/7, 4/89,
4/11
B Citizenship interview. See Interview

Civil War, exam questions about, 6/6, 6/7
Code of Federal Regulations, researching, 10/9
Battered spouses, residency requirement, 2/67
College students, where to apply, 2/14
Bill of Rights, exam questions about, 6/8, 6/9
Communicable diseases, as inadmissibility grounds,
Birth, citizenship through, Intro/1, 11/78
1/7
Brothers and sisters, visa petitions for, 1/11, 11/10,
Communism, support for, 1/7, 2/24
11/11
Complaints
Budget, sample, 3/13
about INS employees, 8/910
about lawyers, 10/4
Conditional resident status, 2/45
C defined, Glossary/1
Congress, exam questions about, 6/11, 6/12, 6/13
Certificate of Citizenship, 11/78, 11/9 Conscientious objectors, 2/29, 3/9
Certified mail Constitution, exam questions about, 6/79
for additional documents, 9/4 Consulate, defined, Glossary/2
for application submission, 3/1314, 4/3 Continuous residence/continuous U.S. stay require-
Check, for application fee, 4/3, 4/6 ment, 2/3, 2/9, 2/1114
Child abduction, international, 1/7 Court decisions, researching, 10/10
Child abuse, as deportation grounds, 1/5 Cover letter, submitting with application, 3/34
Child Citizenship Act of 2000, 11/7 Criminal activity
Children as deportation grounds, 1/5
citizenship for, Intro/1, 1/11, 11/79 as inadmissibility grounds, 1/7
information about, on application form, 3/9 moral character requirement and, 2/17, 2/1819
visa petitions for, 1/11, 11/910, 11/11 Criminal records search information, on application,
Child support 3/7
failure to pay, 2/21
proving payment of, 8/5
Chinese, exam questions in, 6/3 D
Citizen, defined, Glossary/1
Citizenship
Death of spouse, residency requirement and, 2/6
advantages, 1/911
Declaration of Independence, exam questions
applying for. See Application; Application form
about, 6/6, 6/7
automatic, through parents, Intro/1, 1/11, 11/78
Deportable, defined, Glossary/2
disadvantages, 1/29
Deportation
dual citizenship, 1/78, 1/9, Glossary/2
grounds for, 1/46, 2/11
exam questions about, 6/15
past or pending proceedings, citizenship appli-
fraudulent claims of, 1/7, 2/20
cation and, Intro/1
proof of, 11/6, 11/78, 11/9
removal defined, Glossary/4
revocation grounds, 1/10
risk of, when applying for citizenship, Intro/2,
when you may apply, 2/58, 2/13, 3/10
1/27, 2/11, 2/17, 2/18
who is eligible. See Eligibility requirements
U.S. citizens not subject to, 1/10
for your children, 11/79
Deportation proceedings, defined, Glossary/2
Citizenship exam
Derivation, citizenship through, Intro/1, 11/78
defined, Glossary/1
Disability, indicating on application, 3/7, 7/3, 7/5
See also English exam; U.S. history and govern-
Disability accommodations, at interview, 2/28, 7/24
ment exam
Disability exam waivers, 2/26, 2/27, 2/28, 3/23, permanent resident status, Intro/1, 2/38
7/49 physical presence, 2/3, 2/9, 2/1011, Glossary/3
application form, 7/56, 7/9, Appendix C state stay, 2/3, 2/9, 2/1416, 4/12, Glossary/4
how to apply, 7/59 U.S. history and government knowledge, 2/3, 2/27
qualifying disabilities, 7/5 Embassies, Glossary/2
when they are granted, 7/5 online directory, 1/8
when to apply, 7/9 Emergency attention, how to request, 4/12
Disability Oath of Allegiance waivers, 7/9 Employment
Divorce, 1/4, 2/6, 3/8, 9/4 on application form, 3/8
Doctors, for disability exam waivers, 7/59 overseas, continuous stay requirement and, 2/13
Documents overseas, residency requirement and, 2/8
additional, INS requests for, 8/9, 8/10, 9/25 in the U.S., as proof of unbroken stay, 2/12
caution against sending originals, 3/14 English classes, 5/4
lost by INS, 4/6 English exam, 4/3, 5/25
supporting documents for appeals, 9/910 exam waivers, 2/26, 2/27, 2/28, 7/49, 8/5
what to bring to interview, 8/45 retaking if you fail, 8/10, 9/2
what to include with application, 3/23, 3/10 English language skills, as eligibility requirement,
See also Sample forms and documents 2/3, 2/26, 5/2
Domestic violence Entering the U.S., 1/11
as deportation grounds, 1/5 See also Inadmissibility
residency exception for battered spouses, 2/67 EOIR. See Immigration Court
Downloading forms, 3/45 Exams. See English exam; U.S. history and govern-
Draft evasion, 2/24 ment exam
Draft registration, 2/2224, 3/9 Exam waivers, 2/26, 2/27, 2/28, 3/23, 7/49, 8/5
Driving under the influence (DUI), 2/18, 2/21 Executive Office for Immigration Review. See Immi-
Drug-related crimes gration Court
as deportation grounds, 1/5
as inadmissibility grounds, 1/7
as temporary bar to citizenship, 2/19, 2/2122 F
Drug use, 1/5, 1/7, 2/19, 2/2122
disability exam waivers and, 7/5 Family members
Dual citizenship, 1/78, 1/9, Glossary/2 citizenship for, 1/11, 11/79
DUI, DWI. See Driving under the influence information about, on application form, 3/89
not allowed at interview, 8/5
permanent resident status for, 1/11
E sworn statements from, 9/10
undocumented, 2/1920, 3/8
Early application rule, 2/5, 2/6, 2/13 visa petitions for, 1/11, 11/911
Elected office, right to hold, 1/9 Federal code. See U.S. Code
Eligibility requirements, 2/3 Federal government, exam questions about, 6/913
age, Intro/1, 2/3, 2/16 Federal jobs
checklist, 2/2930 eligibility for, 1/9
continuous stay, 2/3, 2/9, 2/1114 overseas, 2/8, 2/13, 2/15
English language skills, 2/3, 2/26 Fee agreements, with lawyers, 10/7
good moral character, 2/3, 2/1626 Fees
loyalty to the U.S., 2/3, 2/24, 2/2829 appeal filing, 9/6
application fee, 3/2, 3/1113

fingerprint fee, 3/2
H
lawyers, 10/4, 10/56
History and government exam. See U.S. history and
Fee waivers, 3/1113
government exam
50/20 waiver, 2/26
Home or hospital visits, by INS, 7/4
55/15 waiver, 2/26
File transfers, requesting, 4/12
Fingerprint fee, 3/2
Fingerprint notice and appointment, 4/7, 4/89, 4/11
I
First preference relatives, 11/9, 11/11
Five-year residency requirement, 2/58 Icons, key to, Intro/3
Flag, exam questions about, 6/35 Illegitimate children, 11/8
Foreign-born children Immediate relatives, 11/9, 11/10, Glossary/2
citizenship for, 11/89 Immigrant, defined, Glossary/2
visa petitions for, 11/910, 11/11 Immigration and Nationality Act (I.N.A.), 10/9,
Foreign-born spouses, visa petitions for, 11/910, Glossary/2
11/11 Immigration and Naturalization Service. See INS
Forms. See INS forms; Sample forms and documents Immigration benefits, fraudulently obtained, 1/7, 2/20
Fourth preference relatives, 11/10, 11/11 Immigration consultants, 10/8
Friends Immigration Court, defined, Glossary/2
not allowed at interview, 8/5 Immigration law, researching, 10/810
sample moral character letter from, 2/25 Inadmissibility, 1/11, Glossary/3
sworn statements from, 9/10 as deportation grounds, 1/4, 1/6
FS-240 (Report of Birth Abroad of a Citizen of the grounds for, 1/7
United States of America), 11/9 I.N.A. (Immigration and Nationality Act), 10/9,
Glossary/2
Income taxes. See Taxes
G Independence, exam questions about, 6/56, 6/7
India, permanent resident visa applicants from, 11/10
INS-approved nonprofit organizations, 10/3
Gambling crimes, 2/19
INS forms
Good moral character. See Moral character
attachments, 3/5
requirement
downloading, 3/4
Government assistance. See Public benefits
filling out, tips, 3/45
Government structure and function, exam questions
Form G-325B, 3/2, Appendix C
about, 6/914
Form G-639, 3/5
Green card, Glossary/2
Form I-90, 3/3
A-number, 4/5, 9/6, Glossary/1
Form I-191, 2/14
expiration and renewal, 2/4, 3/3, Glossary/3
Form I-847, 8/910, Appendix C
lost or stolen cards, 3/3
Form N-336, 9/69, Appendix C
samples, 2/4
Form N-400, 3/2, 3/410, Appendix C
submitting photocopy, 3/2, 3/13
Form N-426, 3/2, Appendix C
See also Permanent resident status
Form N-445, 11/2, 11/34
Form N-470, 2/13, 2/14, 2/15
Form N-565, 11/6
Form N-600, 11/7, 11/9
Form N-648, 3/3, 7/3, 7/56, 7/9, Appendix C
INS (Immigration and Naturalization Service), what to wear, 8/5

Glossary/3 when it takes place, 4/2
application processing and dealing with delays, See also English exam; U.S. history and govern-
4/311 ment exam
application processing time, 2/5, 4/4, 4/6
caution about legal advice from, 10/23
District Offices, 4/7, Glossary/2 J
addresses by state, A/26
application processing by, 4/711 Jail time, as temporary bar to citizenship, 2/19
making inquiries, 4/7 Jobs. See Employment
filing complaints with, 8/910 Justice Department, Glossary/2
home/hospital visits by, 7/3, 7/4
horror stories, 3/13, 4/6
lying to, 3/5, 8/9 K
notifying of address changes, 4/11
regulations, researching, 10/9 King, Martin Luther, Jr., exam question about, 6/14
requesting a copy of your file, 3/5
requesting emergency attention, 4/12
requesting file transfers, 4/12 L
Service Centers, 4/5, Glossary/4
application processing by, 4/36
Language requirements, 2/3, 2/26, 5/2
mailing addresses for citizenship applications,
See also English exam
3/14
Laotian refugees, English exam waivers for, 2/26
Sub-Office addresses by state, A/26
Lawful permanent resident. See Permanent resident
website, 10/10
status
See also INS forms
Law libraries, 10/9
Internet legal resources, 10/9, 10/10
Law school immigration law clinics, 10/6
Interpreters, 8/5
Lawyers
Interview, 4/9, 8/210
case inquiries by, 4/11, 10/2
appeal interviews, 9/12
fees, 10/4, 10/56
bringing your lawyer, 10/2
firing, 10/8
disability accommodations, 2/28, 7/24
if you cant afford one, 10/6
final preparation, 8/4
selecting, 10/36
if youre not prepared, 8/4
signing agreements with, 10/7
interpreters, 8/5
useful websites, 10/10
in native language, 2/26, 2/28, 6/3, 8/5
when to hire, 7/2, 9/4, 9/12, 10/23
problems, 8/910
Legal citations, Intro/2
repeat, to retake exams, 8/10, 9/2
Legal research, 10/810
requesting expedited date, 7/3
Legitimation of children, 11/8
requests for additional documents, 8/9, 8/10,
Letters. See Sample forms and documents
9/25
Living outside the U.S., 1/10, 2/1114
rescheduling, 8/2
Local government, exam questions about, 6/1314
sample appointment notice, 4/10, 8/3
Location requirements, 2/3, 2/916, Glossary/3
tips for, 8/89
what to bring, 8/45
what to expect, 8/68
Loyalty to the U.S., 2/3, 2/24, 2/2829

Lying to INS, 3/5, 8/9
N
Name, on application, 3/6
M Name changes, 3/6
Naturalization, Intro/1, Glossary/3
Naturalization Certificate, 11/6
Mailing documents to INS, 3/1314, 4/3, 9/4
90-day early application rule, 2/5, 2/6, 2/13
Map of U.S. states, 6/4
Nolo website, Intro/1, 10/9
Marriage
Non-lawyers, immigration assistance from, 10/8
conditional resident status and, 2/4, 2/5
Nonprofit employees, 2/16
fraudulent, 1/5
Nonprofit organizations, for immigrant services, 10/3,
marital history on application form, 3/89
10/6
permanent resident status through, 1/4, 2/4, 2/6
Notaries public, 10/8
polygamy, 1/7, 2/22, 3/89
proving validity of, 1/4, 8/5
See also Spouses of U.S. citizens
Medical conditions, exam waivers for. See Disability
O
exam waivers
Oath of Allegiance, 2/28, 2/29, 11/6, Glossary/3
Medical emergencies, expediting your case, 4/12
disability waivers, 7/9
Mexico, permanent resident visa applicants from,
Oaths, religious objection to, 2/29, 3/9
11/10
Older people
Military draft registration, 2/2224, 3/9
exam waivers for, 2/26, 2/27, 2/28
Military personnel
U.S. history and government exam questions
forms required with application, 3/2
and answers, 6/1517
location requirement exception for, 2/1415
Online legal resources, 10/9, 10/10
residency requirement exception for, 2/78
Overseas jobs
spouses of, 2/8, 2/15
location requirements and, 2/13, 2/1516
what to bring to interview, 8/5
residency requirement and, 2/8
where to apply, 2/14
Military service, 1/9, 2/3, 2/28
desertion or draft evasion, 2/24
religious objection to, 2/29, 3/9
P
Money orders, for application fee, 4/6
Moral character requirement, 2/3 Paralegals, 10/8
application form questions, 3/9 Parents
basics and checklist, 2/1617 citizenship through, Intro/1, 1/11, 11/79
demonstrating good character, 2/2425 visa petitions for, 11/10, 11/11
divorce and, 1/4 Parole, failure to complete, 2/19
potential problem behavior, 2/1824 Passport, as proof of citizenship, 11/6, 11/78, 11/9
Moral turpitude, 1/5, 1/6, Glossary/2 Permanent resident status, Intro/1, 1/2
as inadmissibility grounds, 1/7 abandonment of U.S. residence, 1/10, 2/11, 2/13
as temporary bar to citizenship, 2/19 confirming, 2/34
Moving, during application processing, 4/1112 defined, Glossary/3
Murder, as permanent bar to citizenship, 2/18 deportation grounds, 1/46
divorce and, 1/4
fraudulent, Intro/2, 1/23 Laotian, English exam waivers for, 2/26

length of, 2/48, 2/13 Registering to vote, 2/20, 11/7
renewing, 2/4 Relatives. See Family members
sponsoring family members for, 1/11, 11/911 Religious objection to military service or oath-taking,
SSI eligibility and, 1/10 2/29, 3/9
through marriage to citizen, 1/4, 2/4, 2/6. See Religious workers, 2/13, 2/15
also Spouses of U.S. citizens spouses of, 2/8
Personal documents, caution against submitting Removal, Glossary/4
originals, 3/14 See also Deportation
Philippines, permanent resident visa applicants Removal proceedings. See Deportation proceedings
from, 11/10 Resident, defined, Glossary/4
Photocopies Rollback benefits, refugees and political asylees, 2/7
of application documents, 3/13, 3/14
of green card, 3/2, 3/13
of Naturalization Certificate, 11/6 S
Photographs
INS specifications for, B/13 Sample forms and documents
submitting with application, 3/2 cover letter, 3/4
Physical presence requirement, 2/3, 2/9, 2/1011, fee waiver request statement, 3/12
Glossary/3 good moral character letter, 2/25
Pilgrims, exam questions about, 6/5, 6/7 INS fingerprint notification, 4/8
Political activities, 1/7, 2/3, 2/24 INS interview appointment notice, 4/10, 8/3
Political asylees, 2/7, 2/10, Glossary/3 INS receipt notice, 4/35
Polygamy, 1/7, 2/22, 3/89 INS request for additional documents, 9/3
Preference relatives, 11/11, Glossary/3 interview rescheduling request, 8/2
President, exam questions about, 6/1011, 6/12, 6/13 letter about delayed receipt notice, 4/5
Prison time, as temporary bar to citizenship, 2/19 letter to doctor performing disability waiver
Probation, failure to complete, 2/19 exam, 7/78
Public benefits letter to Service Center regarding delayed finger-
anti-immigrant laws and, 1/10 print appointment, 4/9
citizens eligibility for, 1/11 monthly budget, 3/13
fee waivers for public benefits recipients, 3/11 Oath of Allegiance, 2/29
fraudulently obtained, 2/20 sample interview script, 8/78
receipt of, as inadmissibility/deportation statement in support of appeal, 9/11
grounds, 1/5, 1/7, 2/2021 sworn statement (failure to register with Selec-
SSI, 1/10 tive Service), 2/23
Public charge status, Glossary/3 Second preference relatives, Glossary/3
as inadmissibility/deportation grounds, 1/5, 1/7, Selective Service registration, 2/2224, 3/9
2/2021 Selective Service System
defined, Glossary/4
website, 2/22
R Senators, exam questions about, 6/11, 6/12, 6/13
Separation from citizen spouse, residency require-
Reapplying, after a denial, 9/56, 9/1213 ment and, 2/6
Receipt notices, 4/35, 4/6 Ship workers, non-military, 2/16
sample, 4/4 Siblings, visa petitions for, 1/11, 11/10, 11/11
Refugees, 2/7, 2/10, Glossary/4
Signature, on application form, 3/10 Temporary resident status, 2/3

65/20 exception, 2/27 Temporary visas, 2/3
Social Security benefits, while living outside the Third preference relatives, 11/10, 11/11
U.S., 1/10 Three-year residency requirement, spouses of U.S.
Spanish, exam questions in, 6/3 citizens, 2/57, 3/2
Spouses of U.S. citizens, Glossary/2 Totalitarianism, support for, 1/7, 2/24
battered spouses, 2/67 Traffic tickets, 3/9
citizens working overseas, 2/8, 2/15 Travel, during application processing, 4/1112
deaths and separations, 2/6 Travel outside the U.S.
military spouses, 2/8, 2/15 on application form, 3/8
three-year residency requirement for, 2/57, 3/2 applying for permission for a long trip, 2/1314
visa petitions for, 11/910, 11/11 citizens rights and protections, 1/1011
what to bring to interview, 8/5 location requirements and, 2/916
SSI (Supplemental Security Income), 1/10 travel chart from application form, 2/10
State and local government, exam questions about,
6/1314
State Department, 1/10, Glossary/2 U
State stay requirement, 2/3, 2/9, 2/1416, 4/12,
Glossary/4 Undocumented family members, 2/1920
Status Information Letter (Selective Service), 2/22 spouses, 3/8
Supreme Court, exam questions about, 6/11, 6/12, United Nations, exam questions about, 6/11, 6/12
6/13 U.S. Code, researching, 10/9
Swearing-in ceremony, 2/28, 11/26, Glossary/4 U.S. Department of Justice, Glossary/2
name changes at, 3/6 U.S. Department of State, 1/10, Glossary/2
notification of, 8/10, 11/24 U.S. government employees, 2/8, 2/13, 2/15
Oath of Allegiance, 2/28, 2/29, 7/9, 11/6, U.S. history and government exam, 2/3, 2/27, 4/3,
Glossary/3 6/217
rescheduling, 11/5 exam waivers, 2/27, 2/28, 7/49
Sworn statements list of 25 questions and answers for 65-and-older
about failure to register with Selective Service, applicants, 6/1517
2/2324 official list of 100 questions and answers, B/311
to support appeals, 9/1011 retaking if you fail, 8/10, 9/2
sample interview transcript, 8/78
studying the 100 questions, 6/315
T suggested study strategy, 6/23
translations of questions for native-language
Tagalog, exam questions in, 6/3 interviewees, 6/3
Taxes U.S. passport, as proof of citizenship, 11/6, 11/78,
failure to pay, 2/21 11/9
interview questions about, 8/7, 8/8 U.S. residence, abandonment of, 2/11, 2/13
nonresident status claims, 2/11 U.S. state map, 6/4
tax payment as proof of unbroken stay, 2/12
V W
Vacationing, during application processing, 4/1112 Waivers
Vice crimes, 1/7, 2/19 application fee, 3/1113
Vice President, exam questions about, 6/11, 6/12 defined, Glossary/4
Videotapes, 9/9 exam requirements, 2/26, 2/27, 2/28, 3/23,
Vietnamese, exam questions in, 6/3 7/49, 8/5
Visa petitions, for family members, 1/11, 11/911 War. See Military service
Voter registration, 2/20, 11/7 Welfare assistance
Voting illegally, 1/5, 2/20 as deportation grounds, 1/5
Voting rights, 1/9 potential eligibility for, as inadmissibility
grounds, 1/7
Widows/widowers, 2/6, 2/8, 2/15, Glossary/2
World War II, exam question about, 6/14
m o r e f r o m
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About the Authors
Attorney Ilona Bray came to the practice of immigration law through her long
interest in international human rights issues. Before joining Nolo as legal editor
in charge of immigration, she ran a solo law practice and worked for non-
profit immigration agencies including the International Institute of the East
Bay (Oakland) and the Northwest Immigrant Rights Project (Seattle). Ms. Bray
was also an intern in the legal office at Amnesty Internationals International
Secretariat in London. She received her Bachelors degree in philosophy from
Bryn Mawr College, and her law degree and a Masters degree in East Asian
(Chinese) Studies from the University of Washington. Ms. Bray is a member
of the American Immigration Lawyers Association (AILA). She has authored
other books for Nolo, including Fianc & Marriage Visas: A Couples Guide to
U.S. Immigration and Student & Tourist Visas: How to Come to the U.S. (with
Richard A. Boswell).

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KF4710.Z9 B73 2002

Copyright 2003 by Nolo. ALL RIGHTS RESERVED. Printed in the U.S.A.

1 Deciding Whether to Apply for Citizenship

2 Are You Eligible for U.S. Citizenship?

3 Preparing and Submitting Your Application

4 Between Filing and Interview: Dealing With the Wait

6 Preparing for the U.S. History and Government Exam

7 Overcoming Disability When Applying for Citizenship

9 Denials, Appeals and Repeat Interviews

10 Legal Help Beyond This Book

A INS District Office and Sub-Office Addresses

C Tear-Out Immigration Forms

Deciding Whether to Apply

M any people spend their entire lives in the

Times Square, New York City

What Constitutes Moral Turpitude?

According to the INS, a crime of moral turpitude

The AlamoSan Antonio, Texas

Actions and Conditions That Make You Inadmissible

Are You Eligible for U.S. Citizenship?

N o matter how eager you are to become a U.S.

What if your first two years of U.S. residence are

Example: Tam invested $500,000 in NetMiser, a

B. Your Physical Location During Tallying Up Your Time In and

Dont confuse applications to preserve your 4. Exceptions to the Location

Good Moral Character Checklist

If you lied to obtain an immigration benefit you will

A Status Information Letter from the Selective Ser-

ii. Using Sworn Declarations to Explain Your

Date: March 12, 2003

Signed: Jean-Paul Mercredi

lawyers help), get ready to show all your good

We particularly appreciate Martas contributions

Very truly yours,

Cooper UnionNew York, New York

Using Past Exam Results 2. Waiving the History and Government

Table Summarizing Available Language and U.S. History Waivers

you hold this objection based on religious prin-

Preparing and Submitting

Y oull find that applying for U.S. citizenship is far

Report stolen green cards to the police. There is

Cable CarSan Francisco, California