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10th Edition
Becoming a U.S. Citizen
A Guide to the Law, Exam & Interview
Ilona M. Bray, J.D.
J.D. J.D.
J.D. J.D.
J.D. J.D.
J.D. J.D. J.D.
J.D. J.D.
J.D. J.D.
ISSN: 2163-3673 (print)
ISSN: 2372-3459 (online)
ISBN: 978-1-4133-2896-7 (pbk)
ISBN: 978-1-4133-2897-4 (ebook)
This book covers only United States law, unless it specifically states otherwise.
Copyright 2003, 2004, 2006, 2008, 2010, 2012, 2014, 2016, 2019, and 2021 by Nolo. All rights reserved. The NOLO trademark is registered in the U.S. Patent and Trademark Office. Printed in the U.S.A.
No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise without prior written permission. Reproduction prohibitions do not apply to the forms contained in this product when reproduced for personal use. For information on bulk purchases or corporate premium sales, please contact tradecs@nolo.com
Please note
Accurate, plain-English legal information can help you solve many of your own legal problems. But this text is not a substitute for personalized advice from a knowledgeable lawyer. If you want the help of a trained professionaland well always point out situations in which we think thats a good ideaconsult an attorney licensed to practice in your state.
Acknowledgments
This book was inspired by the efforts of my former clients, many of whom overcame huge obstacles in order to become U.S. citizens. A couple of memories stand out in particular. 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.
I couldnt have written this without the help of others, who generously shared their knowledge and experience, including Robert Mautino, Christine Stouffer, Barbara Horn, Susan Bowyer, Lynette Parker, and Carmen Reyes-Yossiff. Though this book helps you avoid certain types of attorneys, its ones like Robert, Christine, Barbara, Susan, 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 present and former 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; and the magicians who turn stacks of paper into books, including Jaleh Doane, Susan Putney, and Rebecca Bond.
About the Author
Ilona Bray, J.D., came to the practice of immigration law through her long interest in international human rights issues and is the daughter of a World War II refugee. Before joining Nolo as legal editor in charge of immigration, she ran a solo law practice and worked or interned for nonprofit 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 many other books for Nolo, including Fianc & Marriage Visas: A Couples Guide to U.S. Immigration and U.S. Immigration Made
Table of Contents
Your Companion on the Path to U.S. Citizenship
Deciding Whether to Apply for Citizenship
A. The Disadvantages of Applying for Citizenship
B. The Advantages of U.S. Citizenship
Are You Eligible for U.S. Citizenship?
A. Confirming Your Permanent Resident Status
B. Your Physical Location During Permanent Residency
C. The Age Requirement
D. Demonstrating Good Moral Character
E. English Language Skills
F. The U.S. History and Government Exam
G. Loyalty to the U.S.
H. Overview: Are You Ready to Apply?
Preparing and Submitting Your Application
A. What Youll Put in Your Application Packet
B. Preparing Your Cover Letter
C. Filling Out USCIS Form N-400
D. Submitting the Application
Between Filing and Interview: Dealing With the Wait
A. Improving Your Eligibility for Citizenship
B. Tracking Your Application and Dealing With Delays
C. If You Move or Travel
D. Requesting Emergency Attention
E. When All Else Fails, Call Your U.S. Congressperson
Preparing for the English Exam
A. How Much English Youll Need to Know
B. How USCIS Tests Your English
C. Study Resources
Preparing for the U.S. History and Government Exam
A. Your Exam Preparation Strategy
B. Learning the Answers to the Questions
C. The Questions for Applicants Age and Older
Overcoming Disability When Applying for Citizenship
A. How to Become the Applicants Designated Representative
B. Accommodating a Disability
C. Obtaining a Disability-Based Waiver of the Exam Requirements
D. Requesting a Waiver of the Oath of Allegiance Requirement
The Interview
A. Final Preparation
B. The Naturalization Interview
C. If the Interview Goes Badly
D. Approval or Denial: Whats Next?
Denials, Appeals, and Repeat Interviews
A. Retaking the Exams
B. Providing More Documents
C. Choosing to Appeal or Reapply
D. How to Appeal
E. What to Do If You Lose the Appeal
F. Reapplying for Citizenship
Legal Help Beyond This Book
A. When Do You Need a Lawyer?
B. Gather Names of Prospective Attorneys
C. Avoid Sleazy Lawyers
D. Choosing Among Lawyers
E. Signing Up Your Lawyer
F. Firing Your Lawyer
G. Do-It-Yourself Legal Research