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Migration And Citizenship In Usa

The American immigration system can be extremely difficult to navigate and the application process to become a citizen alone can take a year or longer. Generally speaking, foreigners applying for citizenship must successfully pass six stages or steps. Here’s how it works.

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    April 2021
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Migration and Citizenship in USA realitypi.net/migration-and-citizenship-in-usa Each year, more than 700,000 people become American citizens. Many arrive in the United States after escaping war and persecution. Some are resettled in the U.S. as refugees and others request asylum after reaching a U.S. border. The American immigration system can be extremely difficult to navigate and the application process to become a citizen alone can take a year or longer. Generally speaking, foreigners applying for citizenship must successfully pass six stages or steps. Here’s how it works. Determine eligibility To become U.S. citizens, foreigners must first become permanent residents—green card holders. The International Rescue Committee helps refugees and immigrants obtain green cards, a costly and lengthy process in itself. After living in the U.S. for five consecutive years as lawful permanent residents (or three years if married to a U.S. citizen), green card holders can then apply for citizenship (there are exceptions for military veterans as well). Applicants must: 1. Be at least 18 years old; 2. Be of good moral character; 3. Able to read, write and speak Basic English. 1/5 4. Demonstrate an understanding of the principles and ideals of the U.S. Constitution; 5. Have a basic understanding of U.S. history and government; 6. Take an oath of allegiance to the United States. Apply for naturalization Naturalization is the process by which U.S. citizenship is granted to a foreign citizen or national. Once individuals have met the legal requirements for becoming citizens, they must submit an application form, with supporting documents and a $725 fee, to the U.S. Citizenship and Immigration Services (USCIS). The IRC helps immigrants and refugees prepare their applications and documentation and guides them through the process, which can take six to 14 months. Over the past six years, the IRC has helped nearly 30,000 refugees and immigrants become U.S. citizens. Take the biometric test Applicants for citizenship will receive an appointment letter from the USCIS to be fingerprinted and photographed for the purpose of conducting multiple background checks and cross-checks by the Department of Justice, the Federal Bureau of Investigation, and the Department of Homeland Security. All applicants must be cleared before the USCIS schedules an in-person interview. Complete the interview Applicants are interviewed by USCIS officers who ask questions about their applications, backgrounds, character, understanding of the U.S. Constitution, and willingness to take an oath of allegiance. Take the civics and English tests During the interview, a USCIS officer will test an applicant’s ability to read, write and speak Basic English as well as his or her knowledge and understanding of certain applicants, because of age, disability or length of permanent residency, are exempt from the English requirement and may take the civics test in the language of their choice. A USCIS officer typically asks applicants up to 10 questions (from a list of 100) covering principles of American democracy, system of government, geography, rights and responsibilities, and history. Applicants must answer six of the 10 questions correctly to pass the civics test. The English test has three components: reading, writing and speaking. The USCIS officer dictates several sentences in English and applicants must read, write and speak them. The IRC conducts English and civic classes, one-on-one tutoring, mock interviews, and general information sessions to help applicants prepare for the tests. 2/5 Take the oath Finally, successful applicants must take an oath of allegiance to the United States at a public ceremony before receiving their certificates of naturalization. They are now U.S. citizens. These public ceremonies are often celebrations, a time when new citizens recognize the large commitment and effort they have made to achieve their goal. Continuous and Physical Presence Demonstrating “continuous presence” You must have continuously lived in the United States as a green card holder for at least five years (or at least three years if you’re married to a U.S. citizen). “Continuously” means you did not take any trips outside of the United States that each lasted six months or longer during the 3–5 years you’re required to have a green card (plus the extra period while USCIS processes your U.S. citizenship application). In other words, you’re allowed to leave the United States — just make sure to return within six months every time. There are ways to overcome that presumption even if you do take an extended trip abroad. The chance of success, however, depends on a few factors: How long you stayed outside the United States The discretion of the USCIS officer evaluating your application (officers can still deny your application based on other reasons, including if you took frequent trips abroad) Those applying for naturalization based on a certain period or type of military service do not need to meet this “continuous presence” requirement. You may submit your naturalization application as early as 90 days before you actually finish waiting the required three or five years. Our guide to Form N-400 has more details. IF YOU STAYED ABROAD FOR 181 TO 364 DAYS To avoid being denied citizenship, you’ll need to convince the USCIS officer evaluating your application that you didn’t intend to abandon your permanent residence in the United States during the time you were abroad (for more than six months but less than one year). To accomplish this, you’ll need to provide evidence that you maintained strong ties to the United States. This evidence could show, for example, that you: Kept your job in the United States and didn’t seek employment while abroad Have immediate family members who remained in the United States Kept your home in the United States 3/5 Enrolled your children in a U.S. school IF YOU STAYED ABROAD FOR 365 DAYS OR MORE If you stayed abroad for one year or longer, USCIS will automatically assume you abandoned your permanent residence in the United States. They will deny your U.S. citizenship application, and you’ll have to wait before you can reapply: If you had to wait five years to apply for citizenship, you’ll need to wait at least four years and one day upon returning from your trip abroad to reapply. If you had to wait three years to apply for citizenship (as the spouse of a U.S. citizen), you’ll need to wait at least two years and one day upon returning from your trip abroad to reapply. HOW TO AVOID BREAKING CONTINUOUS PRESENCE To avoid the presumption that you abandoned your permanent resident status, it’s important to take certain precautions prior to leaving the United States. Here are your options: 1. Apply for a “re-entry permit.” If you anticipate needing to stay abroad for at least one year, it’s essential to apply for a “re-entry permit” (using Form I-131, officially called the “Application for Travel Document”) before you leave the United States. Form I-131 is used to apply for both a re-entry permit and a typical travel permit. But these two permits — though both intended to allow the traveler to re-enter the United States upon returning from a trip abroad — are not the same: a re-entry permit is issued to current green card holders, whereas a travel permit is issued to green card applicants. You’ll need to provide biometrics while you’re in the United States, but you can request to pick up your re-entry permit from the U.S. embassy or consulate in the country where you plan to visit (or ask for expedited processing if your trip is due to an emergency). The reentry permit is valid for two years and cannot be extended, so you must return before the two years has concluded. Otherwise, you most likely won’t be allowed to re-enter the United States. 2. Apply for “preservation” of your permanent residence. You’ll be allowed to keep your permanent resident status if you must stay abroad for one year or longer because of your work, but it must be a specific type of work approved by the U.S. government. (USCIS lists the types of employment that qualify.) To apply for “preservation” of your permanent residence, you’ll need to submit Form N-470 (officially called the “Application to Preserve Residence for Naturalization Purposes”) to USCIS — in addition to applying for a re-entry permit (see above). 4/5 3. Apply for a “returning resident visa.” If you didn’t anticipate needing to stay abroad for one year or longer because of unforeseen circumstances, such as a medical emergency, and therefore did not apply for a re-entry permit before leaving the United States, then it’s essential to apply for a “returning resident visa.” You’ll need to contact your nearest U.S. embassy or consulate (at least three months before you plan to travel back to the United States) and follow their specific instructions for applying. The process usually involves completing Form DS-117 (officially called the “Application to Determine Returning Resident Status”) and an interview with a consular officer, who will determine whether you should receive a returning resident visa based on evidence you provide. Demonstrating “physical presence” To apply for U.S. citizenship, you must have physically lived in the United States for at least half of five years (more specifically, 913 days, or roughly 2.5 years) or at least half of three years (more specifically, 548 days, or a little over 1.5 years) if you’re married to a U.S. citizen. Although you’re allowed to take multiple trips outside the United States while you wait out the 3–5 years, it’s important to keep in mind the requirements for “continuous residence” When traveling abroad, USCIS will count the days that you physically leave and return to the United States as days that you were physically present in the United States. In other words, if you leave on the January 1 and return on July 1, both of those days would be counted as days that you were “physically present” in the United States. Those applying for naturalization based on a certain period or type of military service do not need to meet the “physical presence” requirement. Boundless turns all the government requirements for naturalization into simple questions you can answer online — typically in under an hour, compared with days or weeks the traditional way. We make it easy to complete your naturalization application and avoid common problems. Find out more about how Boundless can help you, or get started now. Read Essay provides a platform for UK students from all over the world to connect with experienced and professional writers. You can benefit from our custom writing solutions like we offer business assignment help, accounting assignment help and many other writing services. Also Read: The Good, the Bad and the Ugly of the Day’s Events 5/5