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2019 CUNY / DAILY NEWS CITIZENSHIP DAY TRAINING Friday, September 13 TH , 2019 9:00 AM to 1:00 PM John Jay College of Criminal Justice APPLICATION ASSISTANCE TRAINING Presented by: Stephanie Delia, Esq. and Erick Myssura, Esq. Presented by: Tamara Bloom, Esq. and Shawn Rahman, Esq. Presented by: Meetu Dhar, Esq. and Midori Hills, Esq. Event Partners Sponsors www.cuny.edu/citizenshipnow

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Page 1: APPLICATION ASSISTANCE TRAINING · 1 September 13, 2019 APPLICATION ASSISTANCE TRAINING ©CUNY Citizenship Now! 2019 DISCLAIMER • The instructions provided in this pres entation

2019 CUNY / DAILY NEWS CITIZENSHIP DAY TRAINING

Friday, September 13TH, 2019 9:00 AM to 1:00 PM

John Jay College of Criminal Justice

APPLICATION ASSISTANCE TRAINING Presented by: Stephanie Delia, Esq. and Erick Myssura, Esq. Presented by: Tamara Bloom, Esq. and Shawn Rahman, Esq. Presented by: Meetu Dhar, Esq. and Midori Hills, Esq.

Event Partners

Sponsors

www.cuny.edu/citizenshipnow

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September 13, 2019

APPLICATION ASSISTANCETRAINING

© CUNY Citizenship Now! 2019

DISCLAIMER• The instructions provided in this presentation are intended for the training and

use of the staff and volunteers of CUNY Citizenship Now!.

• The information in this presentation does not constitute legal advice.

• The following forms and instructions have been tailored specifically for use at CUNY Citizenship Now!’s application assistance events and are not intended for any other use. Doing so may result in delay or denial of an application.

• Consult with an authorized immigration representative before filing any application or taking any action that may affect your U.S. immigration status. Procedures, filing addresses, fees, and form editions change frequently.

• Check www.uscis.gov for up-to-date information.

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Presentation Overview

1) Why Naturalize?

2) Overview of Group Processing Event

3) Citizenship Now! Administrative Forms

4) Completing the N-400 Form

5) Wrapping Up

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Why Naturalize?The Benefits of Citizenship

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Benefits of Citizenship• Fullest participation in civic life

– Vote– Run for office, run for president if

“natural born citizen”• Certain government jobs• Certain public benefits, including receiving

SS benefits worldwide• Tax deductions on U.S. estate taxes• Ability to apply for most relatives —

including parents, siblings, and children of any age

• Protection against removal / deportation• Freedom of travel• Obtain U.S. Passport• End to USCIS reporting

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Who Can Become a Citizen?

• At Birth:– BIRTHRIGHT Citizenship:

(Almost) anyone born in the United States

– People born abroad to certain U.S. citizens (Acquisition of Citizenship)

• After Birth:– Permanent resident children, who

reside in the legal and physical custody of a U.S. citizen parent (Derivation of Citizenship)

– Permanent resident adults who apply for Naturalization

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Eligibility to NaturalizeTo naturalize, a person must:• Be a Lawful Permanent Resident

(LPR)• Be at least 18 years old• Establish Continuous Residence and

Physical Presence • Have Good Moral Character • Speak, write and read basic English• Pass a test on U.S. History and

Government (Civics)• Be willing to take the Oath of

Allegiance

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Naturalization Procedure

• Meet Eligibility Requirements• Complete and Submit Form• Have fingerprints taken• Pass Interview• Take Oath

• Current Average Processing Times in this USCIS Region:

15-22 Months

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OVERVIEW OF GROUP PROCESSING EVENT

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Goal of Citizenship Application Assistance Events

Assist those eligible and preparedto apply with their naturalization applications

1) Participants receive appointment screening and preparation before event by phone and text

2) Participants will leave the event with a completed ready to mail application and clear next steps for the rest of their application process

– Events aim to assist from75 – 600 participants in asingle day

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Citizenship Event Flowchart

• Sign In: Participant receives a CN! folder and registration forms

• Waiting Area: Participant completes intake forms: Yellow PRF and DOU before Screening Station

• Screening: Participants are screened for eligibility and whether they are prepared with the information they need. Fee Waiver forms are completed here. When copies are needed, Event Flow volunteers will make them.

• Applications: Volunteers completeN-400 applications

• Checkout: Participants receive final review of entire form, packaging instructions and next steps information

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Event Roles ExplainedThere are many legal and logistical roles that make the events run smoothly.Blue Sashes = Station SupervisorsRed Sashes = Event Flow VolunteersGreen Sashes = Screening / CheckoutOrange Sashes = Screening Station Only

Event Management: Direct questions to your station supervisorin blue sashes. Station supervisors workwith Legal Services Supervisor and theEvent Manager

Legal Services Supervisor = Makes decisions on legal services

Event Manager = Makes decisions on logistical concerns

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• Assist participants with completingthe N-400 form.

• Ensure all appropriate fields on the form are legible and complete.

• Use the N-400 riders provided inthe bins, as needed

• Ensure the CN! Administrative Forms are completed

– Make notes and Print Name!!

Application Assistance: Your Role

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Applications Basics Sheet

• NEW: Review anytime on our Training Portal!

• Located on your table at the Application Assistance Station with the rest of your supplies

• Reminders about what we discuss at this training

• Use it to refresh your memoryat the event while you areassisting the participant

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Raise Your Paddle!

• When you are READY to see a participant hold upyour GIANT THUMB sign!

• If you have any QUESTIONS, a supervisor (wearing a blue sash)will come to you

• If you need COPIES, an event flow volunteer (wearing a red sash)will come to you

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CITIZENSHIP NOW!ADMINISTRATIVE FORMS

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Case Notes (Pink)Important! • Record of participants information

and advice they are provided onthe day of the event

• Screener completes the preliminary assessment, issue spot for eligibility and red flags

• Follows the participant throughout the event

• Provides quality control• Collected at the participant’s last

station (usually Checkout). • Do NOT let participants leave

event with this form!

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After Supervisor Review and Sign-Off

The participant receives a means tested public benefit andfee waiver was completed

The participant is eligible to apply for naturalization andhas their necessary documents with them at the event

● Follows the participant throughout the event● An easy way to spot where the participant

needs to go next

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Remember: Print Name and Write Notes

• Did You?– Complete the your

section of the notes– Print name in space

provided

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COMPLETING THE N-400 FORM

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● Always use a black ballpoint pen● Print legibly. Do not use cursive script● If extra space is needed, attach appropriate riders. Be sure that each rider

includes the date, the “A” number, and the participant’s signature ● If a question is not applicable to the participant, write ‘N/A’. If the answer

is none, write ‘none’.● Write dates in the format: month/day/year using eight digits (mm/dd/yyyy)● Write the “A” number on the top right hand corner of EVERY page in

the spot where indicated● Do not write in the margins or make any stray marks on the form

Filling out the N-400: Reminders

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Use the Riders Provided

Charges, Arrests, Citations Employment & School Prior Spouses of the Applicant Children Taxes Residences Prior Spouses of Applicant’s Spouse Selective Service Time Outside the United States

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“A” Number

● On the top of EVERY page of the N-400

● The “A” number is a 7 to 9 digit number on the green card (the numberof digits will depend on when the card was created)

● If the “A” number is less than 9 digits, write enough “0s” before thefirst number to make the “A” number a 9 digit number

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What is a Lawful Permanent Resident?

• Green Card• The right to live and work permanently in

the United States• Not the same as non-immigrant status such

as H1B, F1, J1, etc.• LPR’s CAN be (and frequently are) removed

(deported)!• LPR’s cannot take part federal elections

(as voters or candidates!) • Limits on how much time they can

spend abroad

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How did the participant get his/herLPR Status?

• NOT an explicit question on theN-400 Form

• USCIS will review the participant’sentire immigration history

• Burden of proof is on the participant

• Assures the means by which theparticipant immigrated was lawful.No fraud or material misrepresentation

• Helps guide the rest of your screeningprocess.

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How to “Read” a Green Card

“Surname” means Family Name“Given Name” means First Name

“USCIS Number” means A-number

Date became a Permanent Resident

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How to “Read” Previous Version of Green Card

“Surname” means Family Name

“Given Name” means First Name

“USCIS Number” means A-number

Date became a Permanent Resident

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Older Green Cards

I-551 StampDate became a Permanent Resident

(April 3, 1980)A-Number

A-Number Date became a Permanent Resident(July 14, 1989)

A-Number

Date became a Permanent Resident

A-Number

Date became a Permanent Resident

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Completing the N-400Part 1. Information About Your Eligibility

• Most participants will check:– “A.” if they qualify because

they have been a permanent resident for 5 (4 years and 9 months) or more yearsor

– “B.” if they have been married to, and living with the sameU.S. citizen for 3 years(2 years and 9 months) whilea permanent resident

Remember, write participant’sA-Number on each page

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Eligibility: Continuous Residence During “Statutory Period”

• 5-YEAR RULE: – Must have had your green card

for 5 years – Can file 90 days before, or at

4 years and 9 months

• 3-YEAR RULE: – Must have had your green card

for 3 years, be married to a U.S. citizen for 3 years and living with the same U.S. citizen for3 years

– Can file 90 days before, or at2 years and 9 months

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Continuous Residence: Statutory Time Period

5-YEAR RULE: • Must have had your green card for

5 years – Can file 90 days before or at

4 years and 9 months

3-YEAR RULE: • Must have had your green card

for 3 years, be married to a U.S. citizen for 3 years and living with the same U.S. citizen for 3 years

– Can file 90 days before or at2 years and 9 months

Plain Language: How long have you had your green card?

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Continuous Residence: Three Year Rule

THREE-YEAR RULE: • LPR must be married to a U.S.

citizen for 3 years and living with that same U.S. citizen for 3 years, then the period of continuous residence is 3 years (can file90 days before the 3-year anniversary or at 2 years and 9 months)– Must provide proof of marriage

to U.S. citizen and living in marital union for 3 years

– NEW: Send to theFollow-Up Station

• At our offices, we will assist with submitting evidence with theN-400 (can no longer just bringall evidence to the interview)

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Break of Continuous Residence• Absences of 6 months or more (but less

than 1 year) lead USCIS to presume the LPR disrupted continuous residence unless the LPR proves otherwise

• An LPR who travels abroad for 1 year or more has broken continuous residence

– Can apply 4 years and 1 day afterlast re-entry into the U.S. (2 yearsand 1 day if applying under specialrules for spouses of U.S. citizens)

• A participant who has otherwise broken continuous residence must wait the full(5 year or 3 year) statutory period

• Abandonment of Residence: Outside of US more than 365 days — green card no longer valid for reentry to US

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Some Factors USCIS Considers in Determining Whether Continuous

Residence is Broken• Did applicant terminate his/her

employment in U.S. during the absence?

• Did applicant’s immediate familyremain in the U.S.?

• Did applicant retain full access to his/her U.S. abode?

• Did applicant work while abroad?[8 CFR § 316.5(c)(1)(i)]

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Travel Abroad and “Physical Presence”

• Distinguish between Continuous Residence AND Physical Presence

• As well as “continuously residing” in the United States the applicant must also be “physically present” for at least half of the 5 or 3 year period

• They must count the number of days (24 hours or more) actually spent OUTSIDE the United States

• Again: Trips of a year or more can lead to determination that applicant abandoned LPR status.

• Be careful: These are separate but intertwined issues!

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Part 2. Information About You

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POP QUIZ !

A. PassportB. Driver’s License / State ID CardC. Birth CertificateD. LPR (Green Card)E. Divorce DecreeF. Social Security Card

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Of the following, which document contains an applicant’s legal name?

POP QUIZ !

A. PassportB. Driver’s License / State ID CardC. Birth CertificateD. LPR (Green Card)E. Divorce DecreeF. Social Security Card

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Of the following, which document contains an applicant’s legal name?

Part 2. Information About You – Cont’d

Question #3• Maiden names, nicknames, names

from previous marriages• Any other names ever used on

official documents (including misspelled names, if any)

Question #2 Even if misspelled! If no Green Card, call a supervisor

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Part 2. Information About You – Cont’dQuestion #4

• The citizenship process can be used to legally change the applicant’s name

• To do this, check the “Yes” and write the new name

• This name can be anything that the participant wants

• If no name change is requested, check “No”.

Question #5• If no SS #, write ”N/A”

5. Write social security number6. Ignore this

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Part 2. Information About You – Cont’d

7. Mark Gender

8. Write date of birth in the format: mm/dd/yyyy

9. Write the official date lawful permanent residence began. Find this date on the green card.

10. Write the participant’s country of birth (even if it no longer exists)

11. Write the country of the passport that the participant presents to you (not the nationality e.g. “Dominican Republic”, not “Dominican”).

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English Language and U.S. History & Civics

• Most applicants must show basic proficiency in English and U.S. history/civics

– Applicant will be asked 10 out of 100 questions; must answer at least 6 correctly

– Applicant must correctly read and write one out of three English sentences

– If applicant fails test, he/she may request one re-examination [8 CFR § 335.3(b)]

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Part 2. Information About You – Cont’d

Eligibility Requirements: Must be able to speak, read, and write basic Englishand demonstrate knowledge of U.S. government and history

UNLESS, he/she qualifies for a medical exemption

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Exemptions for Certain Long-Time LPRs

At the time of filing the N-400 you are exempt from the English language requirement if:

• You are 50 years old and have beenan LPR for at least 20 years (50/20)

OR

• You are 55 years old and have been an LPR for at least 15 years (55/15)

• If you are over 65 years of ageand have been an LPR for at least20 years you are exempt fromthe English language requirement) AND qualify for a simpler civics test (65/20)

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Exemption for Persons with Disabilities

• A participant may seek a waiver from the English and/or Civics requirement as wellas Oath requirement because of disabilityor impairment.

• A Medical Doctor must certify the waiver form.– Must include nexus between the

participant’s medical condition and the diagnosis which renders them unable to speak/read/write/remember/learn such that they should be exempt from parts of exam.

• Impairments resulting from substance abuse CANNOT qualify for exemption.

• Should receive a follow-up appointment ata center

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Accommodations for Individuals with Disabilities and/or Impairments

• An applicant may seek a waiver from the English and/or Civics requirement as well as Oath requirement because of disability or impairment

• Requires USCIS Form N-648• Given to qualifying participants at

screening with instructions to be completed by their doctor(Follow-up appointment at a center)

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Accommodation vs Exemption

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Examples of an ACCOMODATION(vs. an EXEMPTION warranting an N-648):

• Michael has a severe stutter that gets worse when he is nervous. Michael will write here to ask for an accommodation for his interview, requesting that the officer give him extra time to answer because he needs to speak slowly and take his time

Part 3. Accommodations for Individuals with Disabilities and/or Impairments

• No separate form required • Check the appropriate box to

describe the accommodation thatis needed to USCIS

• Examples of an ACCOMODATION (vs. an EXEMPTION warrantingan N-648)

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Part 5. Information About Your Residence

• USCIS asks for both CURRENT home address and mailing address

• Mailing address is where USCIS will send notices for fingerprinting (biometrics) and for the naturalization interview

– If mailing address is thesame as home address,write ‘SAME AS ABOVE’

• USCIS asks for both home addresses and mailing address

• Home address is the participant’s current physical address, regardless of whether mail is received there.

• Do not put a post office (P.O.) box number here

• Ok to leave zip code plus four blank• Note: There is one box for county and a

different box for country

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POP QUIZ !

• What are the counties ofeach of the five boroughs?

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Answers

• Manhattan is written as “New York” for “city” and is located in “New York” county

• Brooklyn is written as “Brooklyn for City” and is “Kings” County

• Bronx is “Bronx” for County & City• Staten Island is “Richmond” County,

and “Staten Island” is the City• The name of cities (generally

neighborhoods) within Queens are written in the space for “city” and “Queens” is the county (Ex. Astoria is the “city” and “Queens” is the county)

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Part 6. Information About Your Parents

To determine whether applicant may already bea citizen

If neither parent is or became a USC, skip this section entirely (no need to write N/A)

If one or both of the participant’s parents became U.S. citizens before the participant turned 18, the participant may already be a U.S. citizen

Remember, parents’ current legal name may have been changed through marriage or divorce

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Part 7. Biographic Information

• Compare the participant’s answers with your observations, butbe sensitive

• Information requested is used together with fingerprints to searchfor criminal records and perform security checks

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Part 8. Information About Your Employment and Schools You Attended

• Make sure to list all places of employment (business names) orstudy starting with current job/school and going backwards, for the last five (or three) years. Also include military service, if applicable

• Be sure there are no gaps between dates

• If worked for themselves write ‘self-employed’

• If not employed over the last five years, write “retired,” or “unemployed,” or “stay at home mom,” or whatever explanation best applies, but include first day period

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Time Outside the United States

Information on trips outside the US isvery important. Helps determine 3 of the eligibility requirements:

1. Continuous Residence: If outsidethe US for more than 1 year (365 days) during 5 year period, breaks continuous residence

2. Abandonment: If outside the USmore than 6 months but less than1 year, may have to prove did notintend to abandon

3. Physical Presence: Cannot havespent more than 912 days outsidethe US in the last 5 years (or 547days in the last 3 years)

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Part 9. Cont’d • Must list ALL trips outside U.S. during

EITHER the 5 year or 3 year period• Tip: To make your work easier

complete 3 first, then 2 and 1• Watch out for participants with trips

that total:– 912 days outside the U.S.

during the last 5-year period; or– 547 days outside the U.S.

during the last 3-year period• List all trips in reverse chronological

order– Start with most recent and go

backwards• PRACTICE POINT: Don’t Estimate!!

– NEW: Use our USEFUL TOOLS list on our website

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NEW: USEFUL TOOLS link on our Website• Emails sent before the event will

have a link to our Useful Tools listso you can use on your phoneduring the event

• Can also be found at www.cuny.edu/citizenship

under Volunteer Training Materials

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Part 9. Cont’dOther Resources for Dates

• NOT ONLY PASSPORTS - Other resources can help determine time outside the United States:

– Travel Itineraries; Expedia or other Travel Websites

– Customs & Border Patrol (CBP)I-94 Website for Arrival/Departure Record

– The participant’s memory

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Part 10. Information about YourMarital History

• Remember, under the 3 year rule, the participant must be currently married to and living with a U.S. Citizen spouse (and be able to document it)

If the participant married the same spouse more than one time, count eachtime as a separate marriage

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Part 10. Marital History/Current Spouse –Cont’d

• If the participant has never been married, SKIP

• If the participant has been married but is not currently married, SKIP

• If the participant is now married, provide information about thecurrent spouse.

• Include this information even if they are separated (but, not divorced), orif the spouse lives outside of the United States

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Part 10. Marital History/Current Spouse –Cont’d

• If the spouse is a U.S. citizen, SKIP• If the spouse is not a U.S. citizen, complete this section • Question B, if the spouse does not have an “A” number, write ‘N/A’ • Question C, if the spouse is a permanent resident, check the box that says

“Permanent Resident.” • If the spouse is not an LPR, check the box that says “Other” and list the

spouse’s status – If the spouse does not have immigration status in the United States,

write “Citizen of Trinidad” or “Citizen of Mexico” in this space

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Part 10. 8. & 9. Current Spouse’s Prior Spouses & Previous Spouses of the Applicant

• Information about all prior spouses of the participant and their spouse are required

• If never married before, SKIP• If married before or is a widow/widower,

provide the information about former spouse(s)

• Instruct the participant to make a best effort to contact the prior spouse(s),if necessary, to obtain this information. If prior spouse(s) cannot be contacted, include as much information as possible

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Part 11. Children

• In question A(5). write ‘residing with me’ if the son/daughter is currently living with the participant

• If minor children are not livingwith them, write the addressincluding state and countrywhere currently living

• If adult children not living with them, and they do not have/know the address, write in “Unknown” ifaddress cannot be obtained

• Note whatever is missing(use YELLOW sticky notes)

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Part 12. Additional Information

• Part 12 is designed to help USCIS determine whether you meet the criteria for GMC

• To be naturalized, you must be a person of GMC and committed to the principles of the United States

• Answer these questions carefully. If any part of a question applies to the participant, s/he must answer ‘Yes’

• Raise your red question mark to get help if you have any questions

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Part 12. Questions 1, 2 and 3

• These questions are designed to determine whether the participant has ever made a false claim to U.S. citizenship or improperly registered for or voted in an election

• Only U.S. citizens can register to vote and vote in national and local elections in the United States

• Making a false claim to U.S. citizenship by voting in such an election, or even by filling out a voter registration card, can make a non-citizen deportable

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Part 12. Questions 4 and 5

Refers to the last 5 years to determine whether capable of understanding the oath of allegiance

In 2000, law went into effect allowing USCIS to waive the oath requirement for applicants who are mentally impaired/handicapped or physically disabled.

Answering ‘Yes’ to this question is not a bar to naturalizing

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Part 12. Question 6

• Owing taxes is not an absolute bar to becoming a U.S. citizen; may be afactor taken into consideration by the USCIS officer

• If taxes owed, at the interview USCIS will want: (1) signed agreement fromthe IRS showing participant has filed a tax return and arranged to pay taxes owed, and (2) documentation from IRS or appropriate tax agency showingthe current status of the repayment program

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Practice Point: Tax Documentation

• If there is no obligation to pay taxes check that the Screener completed a rider with the explanation

• All documents -- taxes, income, public benefits, the fee waiver and the N-400 Form must be consistent with each other

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Part 12. Questions 7 and 8

• If yes to 7(A), Screeners will use the Tax rider to help the participant explain that their income was less than the amount for which filing is required or they were not working

• If required to file a federal tax return but failed to do so during the 5 (or 3 yr) period -- naturalization application will be denied

• If participant answers ‘Yes’ to 7(B) or 8, speak with the supervisor

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Practice Point:Filing Under the 3 Year Rule

● If filing under the 3-year rule, applicant must be filing their tax returns as ‘married’, and not as ‘single’ or ‘head of household’

● Participants who have filed incorrectly will have to amendor re-file taxes prior to their naturalization interview

● ALSO – make sure the spouses are living together; their addresses MUST be the same. If not, the application will be denied.

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Part 12. Question 9

• If the participant does not haveany of the affiliations mentionedin question 9, the answer is ‘No’

• If that is not the case, answer‘Yes’ and in Question 9b list thenames of the that the participantis a member of or associated with, including religious, social, andathletic clubs

• Designed to help USCIS determine whether ineligible for naturalization because of certain political activities, such as membership in pro-communist organizations

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Part 12. Continued

• If the answer to any of the following questions is ‘Yes,’ it may affect abilityto naturalize.

• Raise your question mark sign!– Consult with an Application

Assistance supervisor todetermine whether participantis eligible or to clarify theanswers to any questions.

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Part 12. Questions 10 – 21

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Part 12. Questions 10 – 21

Will need to provide a written explanation of military or police participation. Use the generic rider.

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Part 12. Questions 10 – 21

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Prior Criminal and / or Immigration History

NEW!• Look for this document completed

by Screening Supervisors • Stapled to pink case notes form• Copy this information onto the

N-400 Form EXACTLY as it iswritten here

• Print your name at the top• Raise your hand if you have any

questions• If you DO NOT see this document,

complete the N-400 as usual

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Good Moral Character: Criminal History• Parking tickets, disorderly conduct,

and fines not generally a problem– But a pattern of minor offenses

might be• Certain criminal convictions may be

temporary bars to naturalization and may also make you removable:

– Crimes involving moral turpitude (CIMT) i.e., theft, fraud, forgery, assault and sex offensesAND controlled substanceoffenses (CSO)

• Certain crimes are PERMANENT barsto naturalization, USCIS calls these “aggravated felonies”

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Why do law enforcement contacts matter for a prospective naturalization applicant?

1. The applicant bears the burden of disclosing all arrests, citation& conviction information. Failure to do so can result in denial ofan application or other adverse immigration consequences.

2. The applicant might be criminally deportable and put intodeportation proceedings if s/he applies to naturalize.

3. Even if not criminally deportable, criminal justice contacts during the statutory period can preclude a good moral character finding.

4. Criminal justice contacts can result in discretionary denial if nothandled properly.

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Part 12. Questions 22 – 29

• Reminder! Copy from the Screener Supervisor document stapled to the casenotes form EXACTLY

• You can review the answers to these questions with participants to besure they understand the questions and answers

• If an applicant was arrested and never charged with a crime, or if your record was entirely expunged, participant must still answer ‘Yes’to the relevant questions on the application

• Raise your hands for any questions!

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Part 12. Question 30

• Answering ‘Yes’ to any item in Questions 22 through 30 may mean that the participant cannot prove good moral character. USCIS may deny his/her naturalization application.

• Note: If the act occurred prior to the 5 (or 3) year period, the applicant may still be able to show good moral character. Your Station Supervisor will make that determination.

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Practice Pointer:Any Children Under 18 Not Living with

the Applicant? Child Support?Question # 30(H):• Participant must be prepared to answer

questions as to whether s/he is required to support his/her children, especially if they are not living with the participant

• Must demonstrate to USCIS that has provided support to children (both inside and outsidethe United States)

• Willful failure to pay child support may showlack of good moral character

• Applicants with children who do not residewith them should bring proof to their naturalization interview that shows regular payments to the child’s guardian (A statement from the child’s guardian about the supportmay also be acceptable)

• Statement from the child’s guardian is acceptable81

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Part 12. Questions 31 and 32

• Certain false statements or documents made/submitted to any U.S.government official can make applicants deportable

• This may result in proceedings to take away permanent resident status• Other false statements may prevent establishing good moral character

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Part 12. Questions 33 - 36

• Remember: Look for this document completed by Screening Supervisors

• Stapled to pink case notes form• Copy this information onto the N-400 Form EXACTLY as it is

written here• Print your name at the top• Raise your hand if you have any questions• If you DO NOT see this document, complete the N-400 as usual

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Part 12. Questions 37 - 43

• If the participant has served in the U.S. Armed Forces, USCIS will check Armed Services records as part of their investigation into the participant’s background and character

• Some special rules apply to military personnel applying for naturalization –Ask a supervisor!

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Part 12. Selective Service RegistrationQuestion 44

• Males living in the United States who are between the ages of 18 and 26must register with the Selective Service System

• Includes undocumented individuals, permanent residents and citizens• Requirement does not apply to men here on lawful non-immigrant status

(Ex. F-1 student status or H-1B temporary worker status)• USCIS’s view that failing to register reflects negatively on an applicant’s GMC

and adherence to the U.S. Constitution85

How to Check Selective Service Registration with the Participant

at the Event• Check the pink case notes form for this information.

Should be completed by the Screener.

• If Screener DID not do, use our USEFUL TOOLs link on our website!

• If an applicant registered with the Selective Service, but does not know his registration number:

• Call machine operated toll-free number at (888) 655-1825 or check their website at www.sss.gov

• Have date of birth and Social Security numberon hand

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Oath of Allegiance

• Must understand the obligationsof the oath

• Must be willing to take the oathof allegiance

• Exceptions for strongly held (religious) belief

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Part 12. Questions 45 – 50

• Questions 45 to 50 ask about willingness to swear allegianceto the United States, and questionthe applicant regarding her understanding of the oathof allegiance

• If the answer is ‘No’ to any of Questions, a written explanationof why the answer is ‘No’ andany additional information or documentation that helps to explain the answer must be attached

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Part 12. Question 45 - 46

• To naturalize, the applicant must believe in the U.S. form of government and its Constitution (Question #45)

– The law allows no exemption from the requirement that an applicant believe in the U.S. form of government

• If a physical or developmental disability or mental impairment prevents understanding the meaning of the oath, can apply for waiver of the oath requirement

• If the participant objects to any part of the oath, answer ‘No’ and advisethe participant to attach a written explanation as well as any additional documentation

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Part 12. Question 47

• Some individuals object to parts of the Oath based on their deeply held beliefs:

– Some applicants may have deeply held beliefs that prohibit them from bearing arms against another. These individuals may qualify to take an abbreviated form of the oath that omitsthe part related to bearing arms.

– Some individuals may hold beliefs that prevent them from performing any type of service inthe U.S. Armed Forces. These applicants will not be required to say the words “to perform noncombatant service in the Armed Forces of the United States when required by law.”

– Other applicants may be unable to swear the oath using the words “on oath,” and mayreplace these words with “and solemnly affirm.”

– Some individuals are unable to use the words “so help me God” because of their beliefs,and may not be required to say these words.

If the participant objects to any part of the oath, answer ‘No’ and advise the participant to attach a written explanation as well as any additional documentation (* Ask a Supervisor to explain the process/reassure the Participant)A NO answer here IS NOT fatal to the application! They do not have to take the Full Oath but they do need to explain why

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Part 12. Question 48 - 50

• The questions appear in the Oath of Allegiance• The answer must be ‘Yes’ to at least one of the above questions.• PRACTICE TIP: If 48 is ‘No’, then 47 should be ‘No’; and can be explained

in one rider for both questions.– A ‘No’ answer on 48 requires a modified oath to be naturalized, thereby

affecting the answer on 47.

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Part 13. Applicant’s Statement, Certification and Signature

• Remind the participant, by signing this document they are indicating the information on this application and the documents submitted are true and correct to the best of their knowledge

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Part 14. Interpreter’s Signature

• This section will have pre-printed Citizenship Now! Central Office address.

• If the participant answered ‘yes’ to Part 2, Question 11 or 12 because he/she is eligible for the waiver of the English literacy requirementsand used an interpreter to help complete the application, then participant and the interpreter (you, the volunteer) must completesign and date the application. 93

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Part 15. Preparer’s Informationand Signature

• This section will have pre-printed Citizenship Now!Central Office phone & email

• Preparer’s Statement & Signature will be pre-printed94

Use the Riders Provided

Charges, Arrests, Citations Employment & School Prior Spouses of the Applicant Children Taxes Residences Prior Spouses of Applicant’s Spouse Selective Service Time Outside the United States

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Remember: Print Name and Write Notes

• Did You?– Complete the your

section of the notes- Print name in space

provided

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Wrapping Up

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Swearing-in Ceremony

• Not a U.S. citizen until applicant has taken the oath

• Form N-445, Notice of Naturalization Oath Ceremony

• Answer questions on back of N-445 -must disclose any changes since interview date

• Surrender green card and receive ‘Certificate of Naturalization’

• If arrested between interview andoath ceremony, consult an attorney!

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Naturalization Delays

• NY USCIS reports 10.5 - 17 months• NY Field Office has reported that

many of the Brooklyn and Staten Island N-400’s will be interviewed at the Newark Field Office (this may shorten wait times)

• USCIS in the 2nd Circuit (NY) has120 days after “examination”(the interview) to make a decision.

• Remedy for no USCIS action -mandamus action

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Brief Notes: Loss of U.S. Citizenship

• Renunciation with intent to giveup citizenship

• Denaturalization - usually for fraudor pre-naturalization offense

• Operation Janus - Denaturalization will increase for individuals who were “Potentially Ineligible Individuals [who] Have Been Granted U.S. Citizenship Because of Incomplete Fingerprint Records”

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Final Day of Event Reminders

• Don’t forget to sign-in and out of the event

• Stickers on Name Tags indicating languages spoken

• HAVE FUN!• Connect with us on

Social Media

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THANK YOU!Thanks for joining us today at our CUNY/Daily News Citizenship Day 2019 Training!We hope our presentation was informative and useful to you. We encourage all to reviewthe training materials here and on our website before the event.

See you on September 21st at John Jay College of Criminal Justice for theCUNY/Daily News Citizenship Day 2019 Application Assistance Event.

Event Partners

Sponsors

We can’t do it without our Volunteers!

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Your organization can reproduce copies of our publications for further distribution to employees, members or students, as long as no changes are made to them and credit is given to CUNY Citizenship Now!. Commercial use, sale or distribution is prohibited. CUNY retains the copyright in the publication.

© CUNY Citizenship Now! 2019