Wednesday, May 02, 2007

U.S. Citizenship is a Privilege, not a Right

Folks, I did a Google search for U.S. Citizenship and have compiled the following Cliff Notes. 12 Million Illegals should follow the rules and laws. What part of Illegal don't you understand?

There are only two ways to become a U.S. citizen: either by law, or by birth. If you are a citizen by birth, no action on your part is generally required, unless you were born to a U.S. citizen parent overseas, and your birth was not recorded at a U.S. consulate overseas.

If you are not, then you will probably seek to become one by naturalization, an action which is governed by the Immigration and Nationality Act (INA).

Generally, you may not be naturalized unless you:

1. Are at least 18 years old and a lawful permanent resident ("green card" holder);
2. Have resided continuously in the United States, having been lawfully admitted for permanent residence, for five years immediately preceding the date you filed your application for naturalization, or
3. Have, after having been removed from conditional permanent resident status, based upon your marriage to a U.S. citizen, having resided in the United States for one year after the date the condition was removed;
4. Have resided continuously in the United States at all times after your application to the time and date of your admission for citizenship;
5. Have, during all periods of time referred to above, been and still are a person of good moral character;
6. Have no outstanding deportation or removal order and no pending deportation or removal proceeding;
7. Have the ability to read, write, speak, and understand simple words and phrases in English;
8. Have knowledge and understanding of the fundamentals of U.S. history and government;
9. Are attached to, and can support, the principles of the U.S. Constitution and can swear allegiance to the United States.

You can maintain "continuous presence" in the United States and preserve your permanent resident status. Also by not remaining outside the United States for more than one year, or by obtaining advance approval from Citizenship and Immigration Services. A break in residence of more than one year, without advance approval means you must start your five-year term of physical presence in the United States again.

Minors with at least one U.S. citizen parent may be naturalized upon the application of the U.S. citizen parent. This includes adopted children.

Denial of Citizenship can occur with the following:

You may be found not to possess “good moral character” if you were convicted of murder, an “aggravated felony,” as defined by federal immigration law, a crime of “moral turpitude,” a controlled substance crime (but not for simple possession of 30 grams or less of marijuana), if you gave false testimony to obtain immigration benefits, failed to provide child support, committed adultery or were involved in prostitution, or failed to register for Selective Service if you are between the ages of 18 and 25. CIS has paid greater attention to the offense of driving under the influence of alcohol or other substances, particularly to multiple offense by the same applicant where the latest offense is considered a felony by state law, and is scrutinizing domestic violence or spousal abuse cases very carefully. This is certainly not meant to be an exhaustive list of things that can cause problems with the naturalization processes of CIS.

You will be required to take a literacy test to assess your knowledge of the English language, unless you are:

1. Unable to comply due to a documented disability;
2. Are more than 50 years old and have lived in the United States for 20 years or more as a permanent resident alien;
3. Are more than 55 years old and have lived in the United States for 15 years or more as a permanent resident alien.

You will be required to take a test of your knowledge of U.S. history and government unless you are:

1. Unable to comply due to a documented disability;
2. Are 65 years old or older and have been a permanent resident alien for more than 20 years.

If you fail the tests, you will be given a second opportunity to pass the tests within 90 days.

CIS officers are required to make a decision concerning your naturalization within 120 days after your interview, or the examiner may ask you to sign a waiver of this requirement. There is an appeal process if your application is denied.

Naturalization of Members of the Armed Services

Members of the U.S. armed forces may apply for naturalization under a streamlined process. If the servicemember has served honorably for one or more years, is a lawful permanent resident, and is filing an application for naturalization while still in service or within six months of being discharged, he or she is eligible for U.S. citizenship. If the servicemember has served during an "authorized period of conflict", he or she is eligible to apply for naturalization if the servicemember has served honorably during the authorized period of conflict; after enlistment, was lawfully admitted as a permanent resident OR at the time of enlistment, re-enlistment or induction was physically present in the United States or a qualifying territory.

Special naturalization procedures apply to those who served on active duty on behalf of the U.S. armed forces during certain military hostilities defined by law. Surviving spouse of U.S. citizens who died during periods of honorable service on active duty are also eligible.

Naturalization of children on application of citizen parent

The naturalization of children in the United States is administered by Citizenship and Immigration Services. A U.S. citizen parent who is unable to transmit U.S. citizenship to a child born aboard as a result of an inability to satisfy the transmission period requirement, may apply for the expeditious naturalization of that child. One of two prerequisites must be satisfied: Either 1) the child must be residing permanently in the U.S. with the citizen parent pursuant to a lawful admission, or 2) for a child residing abroad, a citizen parent or the child's U.S. citizen grandparent must have been physically present in the United States or in its outlying possessions for a period or periods totaling not less than five years, at least two of which periods were after the child attained the age of 14 years. The U.S. citizen grandparent's physical presence in the U.S. allows for the expeditious naturalization of a child without permanent resident ("green card") status.

CIS procedures should be as follows:

1. The applicant forwards the N-600 application for certificate of citizenship, along with supporting documents, to INS field office in the United States that has jurisdiction over the U.S. citizen parent's or U.S. citizen grandparent's residence.
2. CIS determines whether the applicant is eligible, approves application, and then forwards a letter and naturalization appointment date to applicant.
3. The applicant presents CIS approval and appointment letter to U.S. consular post in his or her home country.
4. The U.S. consular post issues a B-2 visitor visa to the applicant.

This process will allow parents to make a one- stop visit to the United States for purposes of naturalizing their child as a U.S. citizen. The law also provides that the illegitimate child of a U.S. citizen parent may be naturalized.

An illegitimate child is considered eligible to become a U.S. citizen if:

1. The child was born after December 23, 1952, and the mother was a U.S. citizen at the time of the child’s birth and had been physically present in the United States for a continuous period of one year prior to the child’s birth, or
2. The father is a U.S. citizen and:
a. The child was born on or after November 15, 1968;
b. A parent-child relationship was established on or after November 14, 1986;
c. Blood relationship is established by clear and convincing evidence;
d. The father was a U.S. citizen at the time of the child’s birth; the father, unless deceased, agrees in writing to support the child until he or she reaches the age of 18;
e. Before the child reaches 18, the child is legitimized under the law of the child’s residence or domicile, the father acknowledges paternity of the child in writing under oath, or the child’s paternity is established by adjudication of a competent court.

In 1994, Congress provided for the expeditious naturalization of children and for restoration of U.S. citizenship for those who did not fulfill retention requirements. Those laws became effective March 1, 1995.

Former citizens of the United States regaining United States citizenship

U.S. citizenship may be restored to former U.S. citizens who lost their nationality because they failed to comply with the former retention requirements of the Immigration and Nationality Act (INA).

They were required to reside or be physically present in the United States for specific periods in order to keep U.S. citizenship acquired at birth. Those who failed to comply with the requirements ceased to be U.S. citizens.

Today, someone who lost U.S. citizenship because of failure to meet the retention requirements, may regain his citizenship upon application and upon taking the oath of allegiance, provided he is not excluded because he advocates totalitarian forms of government.

Upon presentation of documentation supporting a claim to U.S. citizenship, the applicant should fill out and sign a statement in the presence of a U.S. consular officer.

Intent to reside permanently in the U.S. after naturalization

An immigration law section that provided a means for a court to revoke a naturalized person's U.S. citizenship, if it were determined that the individual had taken up permanent residence abroad within one year of the date of naturalization, has been repealed.

Dual citizenship

A bit too complicated but dual citizenship, generally, wherein a person may be a citizen of two countries, is not favored by U.S. law.

Spanish translation below the fold.



Por favor la copia y pega el texto antedicho en este sitio: Google Translator

¿No pensaste realmente que este gringo perezoso iba a traducir todos que, tĂș?

3 comments:

Mohawk Chieftain said...

None of these rules apply to the illegals, who would rather march, so that our country just gives 'em everything they think they so richly deserve...

BobG said...

"What part of Illegal don't you understand?"

No Hablo Ingles.

sabrinasmoneymatters said...

I'm not sure where you're from, but I am right there with you on this one, I'm from Texas and everything is printed in English and Spanish here because there are so many illegals.
I'm sure you've heard of Farmers' Branch recently taking a stand...I wish every city in Texas was as ballsy as they are!