Education for Justice                  FACT SHEET I-1                          Fall 2009

 

BECOMING A U.S. CITIZEN

 

 

When you become a US citizen you get these things:

  • The right to vote.
  • You can leave and re-enter the country more easily.
  • You can usually help family members come to live in the U.S. more quickly
  • Your children under 18 often become U.S. citizens automatically.
  • You cannot be deported.  Non-citizens who commit crimes can be deported in many cases.
  • You can apply for jobs in the federal government.
  • Better rights with some welfare programs like MFIP and SSI.
  • You can get a U.S. passport
  • You can often get better customer service when visiting U.S. embassies.

 

 

DO I GIVE ANYTHING UP TO BE A CITIZEN?

You will promise to give up loyalty to your native country.  This can change your rights in that country.  Each country has its own rules.  Check with your native country about its rules.  In your native country you may lose:

·        Your citizenship

·        The right to vote

·        The right to own property there

 

These things may change:

  • Your custody rights to your children
  • Your right to enter your native country
  • You may need a permit to work in your native country after you are a U.S. citizen.

 

 

WHO CAN BE A U.S. CITIZEN?

You must:

  • Be at least 18 years old if filing on your own.
  • Have had your residency card for 5 years.  It is only 3 years if you are married to a person who has been a U.S. citizen for at least 3 years.
  • Live in the same state for more than 3 months.
  • Have good moral character.
  • Swear loyalty to the U.S.
  • Read, write and speak English and know some U.S. history and government.  You may be able to skip the English or history tests – see below.

 

 

 

 

WILL MY CHILDREN BE CITIZENS?

Children under 18 can become U.S. citizens automatically when a parent becomes a citizen if:

·        1 of the parents becomes a citizen before the child turns 18, AND

·        The child has a residency card, AND

·        The child is in the custody of the citizen parent, AND

·        The child is not married when the parent becomes a citizen.

 

If you have the right proof of these things, the child can get a certificate of citizenship or a U.S. passport.

 

 

HOW DO I GET READY FOR THE TEST?

Even if you do not know English, do not give up.  Take citizenship and English classes.  Many classes are free.  To find citizenship and English classes near you, call The Minnesota Literacy Council at 1-(800) 222-1990.  Or go online to www.themlc.org.

 

 

DO I HAVE TO LEARN ENGLISH?

You do not have to know English if you:

·        Are 55 or older and have had your residency card for 15 years, or

·        Are 50 years or older and have had your residency card for 20 years.

 

You will still have to pass the U.S. history and government test, but you can do it in your own language.

 

If you are 65 years old and have had your residency card for at least 20 years, you can take an easier history and government test, and you can do the citizenship interview in your own language.

 

 

WHAT IF I CANNOT LEARN ENGLISH?

If you cannot learn English, history or government because you have a mental or physical problem like memory problems or depression, you can ask for a “waiver.”  “Waiver” means that you do not have to do the interview in English and you do not have to take the test.

 

Have your doctor fill out INS form N-648.  Call 1-(800) 870-3676 for a form.  You can also get it online at www.uscis.gov and click on forms.  If you have mental problems, the form must be filled out by a doctor who is a psychologist or psychiatrist.  Ask your doctor before you give them the form whether your insurance will pay for this.  Ask the doctor to say in detail what your difficulties are and how they keep you from taking the test.

 

 

DOES IT COST MONEY TO APPLY FOR CITIZENSHIP?

Yes.  The fee is $675.  If you cannot pay the fee, talk to a lawyer or paralegal.  If you get federal benefits like MFIP or SSI, you may be able to ask Immigration to drop the fee when you apply. 

 

 

 

 

SHOULD I TALK TO A LAWYER BEFORE I APPLY?

In some cases, you should.  The lawyer can give advice about whether to apply and how to fill out the papers.  Talk to a lawyer if you:

 

·        Have lived outside the U.S. for more than 6 months since you came here.

·        Had alcohol or drug problems, including Khat or illegal drugs.

·        Were arrested or charged with a crime.  (You could be deported.)

·        Were charged or convicted for domestic abuse.

·        Failed to pay child support.

·        Did not file income tax returns or owe taxes.

·        Were married when you entered the U.S., but you applied to come here as an “unmarried refugee child”.

·        Have not been truthful with Immigration in the past.

·        Are a man who didn’t register for the military draft or who was in the army and deserted.

·        Were in the Communist party.

·        Were in any racist or hate group, or a group that wanted to overthrow the U.S. government.

·        Have any questions about any changes in your life which may affect your immigration status.

 

Tell the truth in your application and at your interview.  One shoplifting offense 10 years ago probably won’t keep you from being a citizen, but lying about it might.

 

For help call:

 

Legal Aid Society’s Immigration Law Project at (612) 332-1441

The Immigrant Law Center at (651) 291-0110

SMRLS Refugee, Immigrant and Migrant Services at (651) 255-0797

Centro Legal at (651) 642-1890

 

 

 

Minneapolis Legal Aid – CLE

MN Legal Services Coalition

2324 University Avenue W- Suite 101B

St. Paul, MN  55114

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