new volunteers to naturalization law presented by:...

T H I S W E B I N A R I S I N T E N D E D T O I N T R O D U C E N E W V O L U N T E E R S T O N A T U R A L I Z A T I O N L A W

P R E S E N T E D B Y : O N E J U S T I C E A N D

A N D T H E E A S T B A Y N A T U R A L I Z A T I O NC O L L A B O R A T I V E

Introduction to Naturalization

Our collaborative includes nine nonprofit agencies:

- API Legal Outreach- Catholic Charities of theEast Bay- Centro Legal De La Raza- East Bay SanctuaryCovenant- International Institute ofthe Bay Area- International RescueCommittee- Jewish Family &Children's Services-EastBay- Korean CommunityCenter of the East Bay- Immigrant LegalResource Center

East Bay Sanctuary Covenant

T H E E A S T B A Y N A T U R A L I Z A T I O N C O L L A B O R A T I V E W A S E S T A B L I S H E D T O H E L P M O R E M E M B E R S O F O U R

C O M M U N I T Y B E C O M E C I T I Z E N S O F T H E U N I T E D S T A T E S .W E H O S T U P T O A D O Z E N N A T U R A L I Z A T I O N C L I N I C S A

Y E A R T H R O U G H O U T T H E E A S T B A Y .

W E H A V E H E L P E D OVER SEVEN H U N D R E D P E O P L E A P P L YF O R C I T I Z E N S H I P I N 2 0 15 A L O N E . W I T H T H E H E L P O F V O L U N T E E R S L I K E Y O U , W E C A N C O N T I N U E T O H E L P

H U N D R E D S M O R E .

working together to serve our community

sign up to volunteer at: http://ebnatz.org/wp/volunteer/

or contact:

Jason Sullivan HalpernCCEB Volunteer Coordinator

Direct: 510-768-3166Email: [email protected]

http://www.ebnatz.org/volunteer


DIOCESE OF

OAKLAND


BECOME A U.S. CITIZENFREE CITIZENSHIP WORKSHOP & FEE WAIVER ASSISTANCE

OCTOBER 17, 2015SATURDAY 10AM – 2PM

LAKESIDE EVENT CENTER@CATHEDRAL OF CHRIST THE LIGHT2121 HARRISON STREET, OAKLAND, CA 94612(19TH ST. BART STATION NEARBY)

COME GET FREE ASSISTANCE WITH:• Step-by-step review of the naturalization process• Assessment of your ability to naturalize• Application preparation & document packaging, if eligible to naturalize• Application review by an immigration attorney or qualified legal representative

DOCUMENTS TO BRING:• 2 copies of your green card (front and back)• 2 passport-style photos (2 in X 2 in)• List of your addresses and employment and/or schools for the past 5 years, including

start and end dates. See other side• List of all your trips out of the U.S. including departure and return dates. See other side• If you are currently married: spouse’s full legal name, date of birth, green card A#,

date and place of naturalization, and current address• Information about all your prior marriages and about all of your current spouse’s prior

marriages, including date of marriage, date the marriage ended, and how marriageended.

• If you have children: their full name, dates of birth, green card A#, and address. Seeother side

• Documentation of all arrests and/or convictions, including reason for the arrest, date,place, and outcome/ disposition. Bring ALL arrest and court documents, even if thecharges were dropped.

• Application Filing Fee: $680 check or money order, payable to “Department of Home-land Security” (if 75 years or older, only $595). If you qualify for the application feewaiver* YOU DO NOT HAVE TO PAY to the Immigration Service.

• *Fee Waiver: Bring documents proving that your household income is low, like paystubs, income taxes and/or proof that you or a relevant household member receivepublic benefits like SSI, IHSS, Medi-Cal, food stamps/ CalFresh, WIC, CalWorks,Cash Assistance, etc.

REGISTRATION RECOMMENDED:(for priority service)

CALL (510) 451-2846 (INTERNATIONAL INSTITUTE

OF THE BAY AREA)

OR VISIT:

WWW.EBNATZ.ORG

TOGETHER WITH:

PRESENTED BY:

Should I be volunteering? I don’t know anything about naturalization law.

immigration status

People in the USA

U.S. Citizens

(USC)

Undocumented/

Out of Status

Immigrants

• Green card holders

• Legal Permanent Resident (LPR)

• Nationals

Non-immigrants • Tourists

• Students

• High-Tech Workers

Deferred Action

© East Bay Naturalization Collaborative

Noncitizens

how to become a US citizen

Three ways to obtain US citizenship 1. Acquisition – Birth/By Blood/By Soil

2. Derivation - Obtained when one parent becomes a citizen andchild is LPR under 18 in the US – naturalization does it byoperation of law.

3. Naturalization


Birth

Acquisition Child (under 18)

Derivation

Green card to citizenship through parent’s naturalization

Adult (18 and over)

Naturalization

Green card to citizenship through naturalization

what is naturalization?

“Naturalization is the process by which U.S. citizenship is granted to a foreign citizen

or national after he or she fulfills the requirements established by Congress in the

Immigration and Nationality Act (INA).”

- USCIS


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Submit Application To

USCIS

• N-400• Fee or fee waiver

application• Supporting Documents

Biometrics Appointment

• Fingerprint• Photos taken

Naturalization Interview

• EnglishTest

• Civics Test


benefits of being a citizen

Benefits Right to live in the US (almost impossible to be deported)

Right to vote

Right to travel (and hold US Passport)

Right to hold federal jobs

Right to petition for certain family members to immigrant

Right to certain public benefits

Right to live in another country without losing right to come back to the US

How to lose citizenship Renounce citizenship

Serve in an army at war with the US

Become a high level government official in another country


What do we do at clinics?

clinic goals

screen clinic clients for eligibility

help those with straight forward naturalization casesprepare their application

help those with complex cases get more informationand advice from experts

have experts review applications at the final station

Clinics are set up to help straight forward cases prepare their applications.

If a red flag issue comes up or you are not sure whether a person is eligible to apply, talk to the naturalization expert at the clinic before proceeding.

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Example of Clinic Set-Up

Each clinic’s set-up will vary depending on resources available and the community we are serving.

Station 1: Registration/Check-In

Station 2: Screening for red flagsissues and eligibility

Station 4: Filling out fee waivers Station 5: Filling out N-400

Application for Naturalizationforms

Station 3 & 6: Expert Table toreview final documents or to giveconsultations for red flag cases

Station 7: Check-Out

EBNatz Clinic Flow Chart

Check-in prescreened and walk-in clients Give clients the green packet w/ client # Have client sign Limited Liability form Direct client to Station 2.

Go through pre-screening tool with clients. If there are any “yes” answers, contact station lead or send to Station 3 for an expert review, otherwise send to Station 4 (Fee Waiver) or 5 (Form Filling).

Attorney review to give consultations for red flag cases and “green light” to continue.

Fill out fee waiver form I-912 with client if needed. This ensures client will not have to pay USCIS fee if low income.

Fill out the 21 page form N-400 with client. Black pen only. Make sure to review each question with client.

Final review for quality control and review any red flags. Write final instructions. Direct to Station 7 for check out.

Collect green packet w/ client #. Give client envelope for mailing and review final instructions. Check client out using client log sheets. Direct client to resource table.

Station 1 : Registration

Station 2: Intake/

Screening

Station 3: Attorney

Consultation

Station 4: Fee Waiver

(I912)

Station 5: Form Filling

(N400)

Station 6: Experts/ Final

Review

Station 7: Check out/

Resource Table

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5

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Contact Information Applicant ID#:_______________

Name (First, Last):_____________________________________________________________

DOB:____/____/____ Telephone Number: (____)______-______ Need Interpreter? Language:_________________

Address: ___________________________________________________ City:_____________________ Zip:__________

(Circle) MALE FEMALE Country of Origin: ______________________ Nationality: ____________________

Number of Minor LPR Children: _______ How did you hear about us? ________________________________

STATION CHECKLIST STATION INITIAL

GO TO STATION

TIMESTAMP

1 REGISTRATION 2

2

SCREENING1) Participant wants to try for fee waiver? ! YES ! NO2) Language Assessment, if applicable:

! Exemption Applies ! Disability Waiver?! Further Assessment Needed

Okay to proceed? ! YES ! NOIf no, does participant insist upon applying? ! YES ! NO

3) Notes:

3 CONSULTATION (Attorney or qualified legal representative only) 1) Recommended to proceed? ! YES ! NO

4

FEE WAIVER 1) Applicant eligible for fee waiver?

! YES: Means Tested Benefit ! YES: Low Income ! NO2) If yes, filled out fee waiver?

! YES ! NO, missing documentation: ________________________3) Notes:

5

FORMS 1) Assisted applicant with: (Check all that apply)

! N-400! Selective Service addendum ! Other: ________________________

2) Notes:

6 REVIEW: (Attorney or qualified legal representative only) 1) Recommended to file? ! YES ! NO2) If yes, is application complete? ! YES ! NO

7

PACKAGING & CHECK-OUT: 1) ! Application ready to file2) ! Application almost ready to file

! Missing:

3) ! Applicant not yet recommended to file! Reason:! Referred to: ! ESL/ Prep Classes ! Agency ! Next Workshop! Other/ Notes:

STATION 2: Eligibility Screening and Assessment Form Applicant ID#______________ Resident Since (see residency card) _____/_____/_____ (Circle)

1. Married to US Citizen or gained residency through VAWA? YES NO A. If yes: Has at least 2 years and 9 months of residency? YES NO B. If no: Has at least 4 years and 9 months of residency? YES NO

If NO to A and B, applicant is not yet eligible. Refer to STATION 7 to check-out. 2. Are either of your parents or grandparents US Citizens? YES NO 3. Are you under 18 years of age? YES NO If YES to either #2 or #3, then refer to STATION 3 for a consultation.

4. How did the applicant become a lawful permanent resident?___________________________________________________________________ ___________________________________________________________________

5. Admission Code (see residency card under “category”): ______________

Continuous Presence and Residency 6. Has the applicant taken any trip outside of the U.S. for 180 days or more? YES NO 7. Has the applicant been outside of the U.S. for more than 30 months in the past 5 years?

(Or more than 18 months in the past 3 years for spouses of US Citizens) YES NO If YES to either, then refer to STATION 3 for a consultation.

Financial Considerations: 8. Do you want to try for a fee waiver? YES NO

Ability to read, speak and understand English 9. Applicant can read, speak and understand basic English? YES NO

If NO, then one of the following exceptions must apply to be eligible for Naturalization:

A. Applicant is over 55 years old and has 15 years as a permanent residentand is exempt from the English language requirement (55/15) YES NO

B. Applicant is over 50 years old and has 20 years as a permanent residentand is exempt from the English language requirement (50/20) YES NO

C. Applicant is over 65 years old and has 20 years as a permanent residentand is exempt from the English language requirement and qualifies for thesimple civics and history test (65/20) YES NO

D. Applicant has a medical disability that impairs their ability to learn orunderstand English and Civics. (N-648) YES NO

• If NO to ALL, complete English assessment.• If no English assessment is necessary or wanted, but has ANY Red Flags on the back, refer

to STATION 3 for a consultation.• If there are NO ISSUES with English and/or Red Flags, refer to STATION 4 if Fee Waiver

is requested, or STATION 5 Form Filling if there is no fee waiver request.

Red Flags Screening Checklist PLEASE READ!!!! IMPORTANT INFORMATION FOR EVERY CITIZENSHIP APPLICANT:

If any of the statements below are true of you, you need to talk with an immigration expert before you file your application. Be honest and accurate: Immigration has your criminal and immigration records with most of this information. There can be serious consequences for not telling the truth on these questions. These statements apply whether you are in the U.S. or anywhere in the world, from birth to the present.

YES NO Have you/are you: � � 1. Ever been stopped, arrested, detained, or questioned by the police anywhere in the world (including traffic

violations, unpaid tickets) or by U.S. Immigration?� � 2. Ever been charged with or convicted of a crime? (Even if the crime was dismissed or expunged)

� � 3. Been told by a judge that your record was erased or wiped clean?

� � 4. Been arrested for or had a restraining order against you for domestic violence, child abuse or child neglect?

� � 5. Did you ever overstay your visa/ permit or enter the U.S. without inspection?

� � 6. Ever been deported, or placed in removal proceedings?

� � 7. Ever been in front of an immigration judge or in immigration court?

� � 8. Currently on probation or parole?

� � 9. Made any trips outside the U.S. lasting more than 6 months since you got your green card or lived in anothercountry since you got your green card?

� � 10. Owe taxes, or ever failed to file a required Federal, state, or local tax return since you got your green card?

� � 11. Did you lie to an immigration or consulate official to get your residency or any immigration benefit or use falsedocuments to gain any immigration benefit or use false documents to come to the U.S.?

� � 12. Will you include any information in your naturalization application that contradicts anything in any other orprevious applications that you have filed with USCIS/INS (for example, children, residences or absences that are different than those listed on your green card application)?

� � 13. Obtained your green card through marriage, and you are now divorced or separated from that spouse?

� � 14. Obtained your green card through a parent and you were married at the time?

� � 15. Failed to pay child support or alimony/ spousal support?

� � 17. Received (or continued to receive after eligibility ended) welfare or other government benefits by making falsestatements or withholding information?

� � 18. Traveled outside the US for more than 30 days while receiving welfare, SSI or other public benefits?

� � 19. Claimed to be a U.S. Citizen, registered to vote or voted in a U.S. election?

� � 20. Helped anyone (including family members) cross the border illegally in anyway? (Includes providing money tohelp the person cross the border)

� � 21. Failed to register for the U.S. Selective Service? (Applies only to males who resided in the U.S. while theywere ages 18-26, regardless of whether the male had legal status or not). To check if you are registered visit www.sss.gov

� � 22. Filed an immigration petition (Form I-130) for one of your children?

� � 23. Do you have a spouse or children who are undocumented?

� � 24. Have you received your green card based on asylum/refugee status or through a parent who was grantedasylum or refugee status?

� � 25. Did you ever return to your country of origin after receiving asylum/refugee status?

>>If YES to ANY Red Flags, refer to STATION 3 for a consultation.<<

I have answered the above questions truthfully, and I understand that if any of this information is false or incomplete I take full responsibility for the consequences, which include possible deportation.

Date: ___________________ Signature:_______________________________________

STATION 2: English Assessment

ORAL

READING/DICTATION (Choose a question for the client to read and then have the client write the answer, dictated by you, on the back of this sheet.)

Question: Who can vote? Answer: Citizens can vote. Question: Where is the capital of the U.S.? Answer: The capital of the U.S. is Washington D.C.

Questions Points What's your name? What’s your birth date? What’s your phone number? What’s your address? Are you married? How many times have you been married? Is your husband/wife a U.S. citizen? Do you have children? (If yes, ask how many children the participant has.) Do you have a job? What do you do? What country are you from? How long have you had your green card? Why do you want to be a U.S. citizen?

Total:

Point System Complete Answer: 2 pts Answer is complete when

you would understand it as a native English speaker. Any

errors must not interfere with meaning.

Substantial Answer: 1 pt Answer is substantial when

you need to interpret the meaning.

Incomplete/Incorrect Answer: 0 pts

Answer is incomplete or incorrect when it does not answer the question at all.

1) Did client get at least 18 points on the oral? !Y !N

2) Did client pass the reading/dictation !Y !N

If “YES!” to 1) and 2) and participant has no other issues: ! Refer to Station 4 if participant wants to try for a fee waiver! Refer to Station 5 Form Filling if participant does not want a fee waiverIf “NO!” to either and participant has no other issues, warn participant about the English exam ! Refer to Station 4 if participant still wants to proceed and wants to try for a fee waiver.! Refer to Station 5 if participant still wants to proceed and does not want to try for a fee waiver.! Refer to Station 7 (check out) if participant does not want to proceed.

! If participant has other issues, refer to Station 3 for attorney consultation REGARDLESS of whether participant passesEnglish assessment or not

Notes:

Applicant ID#______________

STATION 3: Consultation

Is applicant being advised to consult with another attorneys/legal organizations in regards to their application for naturalization or is being advised not to file for naturalization at this time? YES NO

CONSULTATION NOTES: ____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Applicant Name: ___________________________ Attorney/BIA Name:______________________________

STATION 6: Attorney Review

Notes:

Recommended to file? YES NO

Attorney Name: Applicant Name:

REFER TO STATION 7 FOR CHECKOUT

If YES, please refer to STATION 7 for Check Out.

If NO, please refer to STATION 4 for Fee Waiver Eligibility Screening if fee waiver is requested. If fee waiver is not being requested, refer to STATION 5 Form Filling.

Who can apply to naturalize?

eligibility for naturalization

1. Be 18 years old or older2. Be a green card holder for at least 5 years immediately preceding

the date of filing the Form N-400, Application for Naturalization3. Be physically present in the United States for at least 30 months

out of the 5 years immediately preceding the date of filing theapplication

4. Have continuous residence in the United States as a green cardholder for at least 5 years immediately preceding the date of thefiling the application

5. Be able to read, write, and speak English6. Have knowledge and an understanding of U.S. history and

government (civics)7. Be a person of good moral character, attached to the principles of

the Constitution of the United States, and well disposed to thegood order and happiness of the United States during all relevantperiods under the law


http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=480ccac09aa5d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD



be 18 or older

INA § 334(b) No person shall file a valid application for naturalization unless he shall have attained the

age of eighteen years.

What if client is under 18? Children under 18 generally follow the status of their parents

Special rules apply to minor unmarried lawful permanentresident children

Also, special rules apply to individuals who have honorablyserved as members of the Selected Reserve of the Ready Reserveor in an active-duty status in the military, air, or naval forces ofthe United States during designated periods


be a green card holder for at least 5 years

Be a green card holder for at least 5 years immediately preceding the date of filing the Form N-400

How far in advance can you file? 3 months in advance (i.e. gc for 4yrs and 9 mos) Should have lived within the state, or USCIS district with jurisdiction

over the applicant’s place of residence, for at least 3 months prior to the date of filing the application

Exceptions? Any way to file earlier? Marriage/VAWA exception – married to USC for 3 years Other exception related to continuous residence


be physically present in the United States

The applicant must have been physically present in the U.S. for at least 30 months out of the 5 years immediately preceding the date of filing the

application.


Year 1 Year 2 Year 3 Year 4 Year 5

have continuous residence

Have continuous residence in the United States as a green card holder for at least 5 years immediately

preceding the date of the filing the application.

An applicant must show she has not disrupted the continuity of her residence in the United States.

• < 6 months , then it’s usually okay.

• > 6 months, then have to prove residency.

• > 1 year, automatically found to have disrupted the continuity of residence.

• Must wait four years and one day (or two years and one day if he ismarried to a U.S. citizen) to reapply for naturalization.


Year 1 Year 2 Year 3 Year 4 Year 5

Disruption of continuous residency

Abandonment of residency

Disrupting continuousresidence means theapplicant has failed toreside continuously in theU.S. because s/he hastaken a trip abroad for acertain period of time

Wait 4 years 1 day and reapply for natz

• Deportation issue. Do youeven have a green cardanymore?

• Abandonment of residenceaffects the applicant’s lawfulpermanent resident statusand may trigger removalfrom the U.S.

• See USCIS for more info onabandonmenthttp://tinyurl.com/yet8jyo

Continuous Residence vs. Abandonment of Residence


be able to read, write, and speak English

How is this tested?

At interview with immigration officer

Exceptions:

55/15 and 50/20 exceptions: People who are 55 or 50 and have been gc holders for 15 and 20 years can waive out of the English requirement

Disability waiver: People who have an approved disability waiver do not need to take the English tests or the civics test


have knowledge and understanding of civics

How is this tested? At interview with immigration officer

There are 100 US history and civics questions to learn; 10 are asked at the interview; 6 must be answered correctly

Exceptions: 65/20 waiver: People who are 65 or older and have lived

here for 20 years or more can study from a shortened test

If there is an English waiver, test can be done in applicant’s language of choice

Disability waiver: People who have an approved disability waiver do not need to take the English tests or the civics test


be a person of good moral character

What is good moral character? There is no statutorydefinition of what good moral character means. TheINA only defines what good moral character does notmean and what individuals will not be allowed toestablish good moral character.

Check for criminal history.

The grounds of deportation and inadmissibilityinclude more areas than does good moral character,so a person might have good moral character but stillbe deportable or inadmissible.


What forms do we help fill out at clinic?

N-400, Application for Naturalization

Forms will be provided at the clinic

Please look over the form and instructions beforegoing to the clinic (can be downloaded at:www.uscis.gov )

Experts will provide final review of all applications atthe last clinic station

http://www.uscis.gov

filing checklist

N-400, application fornaturalization

Other documents needed to submit with application:

Filing fee of $680 or feewaiver application

2 passport style photos

Copy of green card

Evidence of marriage

Evidence of divorce


process times

It takes about 5-6 months from submission to completion (oath ceremony)

Submit application

1 month – receipt and fee waiver decision

1 month – biometrics appointment

2-3 months – interview

1-2 months – oath ceremony


ELIGIBLITY REQUIREMENTS ON BACK

WE COVER THE APPLICATION FEE FOR LOW-INCOME OAKLAND RESIDENTS AND STUDENTS

• DACA ELIGIBILITY SCREENING• COMPLETE APPLICATION PREPARATION• APPLICATION REVIEW BY AN IMMIGRATION ATTORNEY OR QUALIFIED LEGAL REPRESENTATIVE

WE PROVIDE:

INTERESTED IN DACA?APPLY FOR FREE!

REGISTRATION RECOMMENDED(510) 244 4311www.ebnatz.org

LAKESIDE EVENT CENTER @ CATHEDRAL OF CHRIST THE LIGHT2121 HARRISON STREET, OAKLAND CA 94612

NEAR 19TH STREET BART

OCTOBER 17, 2015SATURDAY, 2PM-4PM

&

REQUIREMENT

Born after June 15, 1981.

Came to the U.S. beforeyou were 16.

Physically present in the U.S. on June 15, 2012,without legal immigrationstatus.

AND

Continually lived in the U.S. since June 15, 2007.U.S. since June 15, 2007.

Graduated from high school or have your GED.

OR

Are currently enrolled in school (Adult school, ESL, vocational school, elementary school, elementary school, middle school, or high school, etc.).

OR

Were honorably discharged from the U.S. Armed Forces.

ALSO NEEDED:• List of addresses and dates where you have lived since arrival in U.S.;• Date and location of entries to the U.S.

Where do I sign up to volunteer?

OCTOBER 17, 2015SATURDAY 10AM – 2PM

LAKESIDE EVENT CENTERCATHEDRAL OF CHRIST THE LIGHT

2121 HARRISON STREET, OAKLAND, CA 94612(19TH ST. BART STATION NEARBY)

Volunteers are needed to assist in a variety of capacities, including:

• Greeting and screening participants• Running documents and directing participants• Filling out citizenship applications• Interpreting (Spanish, Mandarin, Cantonese,

Tagalog, Vietnamese, Russian, and more)• Determining eligibility to naturalize

Visit www.ebnatz.org/wp/volunteer to sign up or call Jason Sullivan-Halpern, Volunteer Coordinator,

at (510) 768-3166 for more information

Pro bono attorneys* and law students are always welcome!No legal background is required to volunteer.

*Please, no solicitations for private practice. Thank you!

Help members of our community become U.S. citizens!

VOLUNTEERS NEEDED!

DIOCESE OF

OAKLAND


sign up to volunteer at: http://ebnatz.org/wp/volunteer/

or contact:

Jason Sullivan HalpernCCEB Volunteer Coordinator

Direct: 510-768-3166Email: [email protected]



Thank You!