PLI Basic Immigration Law, March 2013
- 18 years of age
- Lawfully admitted to Permanent Residence
- Continuous Residence for statutory period
- Physical Presence for ½ statutory period
- Good Moral Character
- Speak, read & write basic English
- Pass a test of U.S. civics & history
- Willing to swear Oath of Allegiance
- 5 years, per INA §316(a) – 90% of applicants
- 3 years, per INA §319(a) – married to, & “living in marital union with” US citizen spouse
- May file up to 3 months before eligibilityBasis of Permanent Residence
- A person not lawfully admitted to PR is barred from naturalization under INA §318AND
- Subject to rescission, if within 5 years
- Subject to removalContinuous Residence
- Required for full 5-year/3-year period
- In same state for at least 3 months
- Actual primary abode, not domicile“Living Together In Marital Union”Under §319(a), must show continuous residence living with USC spouse for whole 3 years
- Leases/mortgage statements
- Joint tax returns
- Insurance policies
- Bills, bank statementsExceptions: a) Involuntary Separationb) VAWABreaks in Continuous Residence
Abandonment of LPR:
- Non-Resident Tax Return raises rebuttable presumption per 8 CFR §316.5(c)(2)
- 1 year + outside U.S.
Red Flags for Broken Continuity:
- Re-Entry Permit
- Job or Family Abroad, factors at §316.5(c)(1)(i)
- Commuter aliens
INA §316(b):Rebuttable presumption >6 month absence
- Required for ½ the statutory period
- Travel days partly in U.S. count as “present”
- All periods of honorable military service, even overseas, count as “present” in U.S.Good Moral Character
- Statutory bars at INA §101(f)
- Regulatory bars at 8 CFR §316.10
- Non-criminal bars –The “D” list: Drunkards, Deserters, Deadbeat dads,Draft-dodgers, Dudes who Didn’t register & Destroyers of marriagesCrimes & Good Moral Character
- When was the offense, conviction & any restraint on liberty?
- Is the applicant removable?
- Was the person inadmissible after travel?
- CIMT? Aggravated felony? Firearms?Is Client Already a Citizen?
- Birth in US (jus soli)
- Through a parent’s US citizenship (jus sanguinis)
- Child Citizenship Act (INA §322) Automatic Acquisition or Expedited Naturalization – as of Feb 27, 2001
- Through naturalization of parent: per law in effect on child’s Date of BirthFalse Claims to U.S. Citizenship
- Willful misrepresentation to one making a legitimate inquiry, per 18 USC §911, or
- With intent to vote or obtain government benefit, per 18 USC §1015
- After Sept. 30, 1996, includes claims to private parties to gain any benefit, e.g. Form I-9
- May also fall within INA §101(f)(6), INA §212(a)(6)(C)(ii), INA §237(a)(3)(D)English language & civics test
- Language Exemptions: 55/15 & 50/20 rules at INA §312(b)(2)
- “Special Consideration” for 65/20at INA §312(b)(3) – reduced list of questions
- Medical Waivers: Form N-648 signed by Dr. w/ DSM code & written explanationU.S. Government
- Basic knowledge of U.S. history & civics
- Attached to the principles of the Constitution
- Well-disposed to good order & happiness of the U.S.
- Willing to bear arms, perform non-combat service, or do work of national importance
- Swear oath of allegiance to the U.S.