volunteer training information and slides

Transcription

Introduction to Naturalization
THIS WEBINAR IS INTENDED TO INTRODUCE
NEW VOLUNTEERS TO NATURALIZATION LAW
PRESENTED BY: ONE JUSTICE AND
AND THE EAST BAY NATURALIZATION
COLLABORATIVE
Our collaborative includes
nine nonprofit agencies:
- API Legal Outreach
- Catholic Charities of the
East Bay
- Centro Legal De La Raza
- East Bay Sanctuary
Covenant
- International Institute of
the Bay Area
- International Rescue
Committee
- Jewish Family &
Children's Services-East
Bay
- Korean Community
Center of the East Bay
- Immigrant Legal
Resource Center
East Bay Sanctuary Covenant
working together to serve our
community
THE EAST BAY NATURALIZATION COLLABORATIVE WAS
ESTABLISHED TO HELP MORE MEMBERS OF OUR
COMMUNITY BECOME CITIZENS OF THE UNITED STATES.
WE HOST UP TO A DOZEN NATURALIZATION CLINICS A
YEAR THROUGHOUT THE EAST BAY.
W E H A V E H E L P E D OVER SEVEN H U N D R E D P E O P L E A P P L Y
F O R C I T I Z E N S H I P I N 2 0 15 A L O N E . W I T H T H E H E L P O F
VOLUNTEERS LIKE YOU, WE CAN CONTINUE TO HELP
HUNDREDS MORE.
sign up to volunteer at: http://ebnatz.org/wp/volunteer/
or contact:
Jason Sullivan Halpern
CCEB Volunteer Coordinator
Direct: 510-768-3166
Email: [email protected]
BECOME A U.S. CITIZEN
FREE CITIZENSHIP WORKSHOP & FEE WAIVER ASSISTANCE
PRESENTED BY:
OCTOBER 17, 2015
SATURDAY 10AM – 2PM
LAKESIDE EVENT CENTER
@CATHEDRAL OF CHRIST THE LIGHT
2121 HARRISON STREET, OAKLAND, CA 94612
(19TH ST. BART STATION NEARBY)
COME GET FREE ASSISTANCE WITH:
DIOCESE OF
OAKLAND
•
•
•
•
Step-by-step review of the naturalization process
Assessment of your ability to naturalize
Application preparation & document packaging, if eligible to naturalize
Application review by an immigration attorney or qualified legal representative
DOCUMENTS TO BRING:
TOGETHER WITH:
• 2 copies of your green card (front and back)
• 2 passport-style photos (2 in X 2 in)
• List of your addresses and employment and/or schools for the past 5 years, including
start and end dates. See other side
• List of all your trips out of the U.S. including departure and return dates. See other side
• If you are currently married: spouse’s full legal name, date of birth, green card A#,
date and place of naturalization, and current address
• Information about all your prior marriages and about all of your current spouse’s prior
marriages, including date of marriage, date the marriage ended, and how marriage
ended.
• If you have children: their full name, dates of birth, green card A#, and address. See
other side
• Documentation of all arrests and/or convictions, including reason for the arrest, date,
place, and outcome/ disposition. Bring ALL arrest and court documents, even if the
charges were dropped.
• Application Filing Fee: $680 check or money order, payable to “Department of Homeland Security” (if 75 years or older, only $595). If you qualify for the application fee
waiver* YOU DO NOT HAVE TO PAY to the Immigration Service.
• *Fee Waiver: Bring documents proving that your household income is low, like pay
stubs, income taxes and/or proof that you or a relevant household member receive
public benefits like SSI, IHSS, Medi-Cal, food stamps/ CalFresh, WIC, CalWorks,
Cash Assistance, etc.
REGISTRATION RECOMMENDED:
(for priority service)
CALL (510) 451-2846
(INTERNATIONAL INSTITUTE
OF THE BAY AREA)
OR VISIT:
WWW.EBNATZ.ORG
Should I be volunteering?
I don’t know anything about naturalization law.
immigration status
People in the USA
U.S. Citizens
(USC)
Undocumented/
Out of Status
Noncitizens
Immigrants
• Green card holders
• Legal Permanent Resident (LPR)
• Nationals
Non-immigrants
• Tourists
• Students
• High-Tech Workers
Deferred Action
© East Bay Naturalization Collaborative
how to become a US citizen
Three ways to obtain US citizenship
1. Acquisition – Birth/By Blood/By Soil
2. Derivation - Obtained when one parent becomes a citizen and
child is LPR under 18 in the US – naturalization does it by
operation of law.
3. Naturalization
Birth
Acquisition
Child (under 18)
Derivation
Green card to
citizenship through
parent’s
naturalization
Adult (18 and over)
Naturalization
Green card to
citizenship through
naturalization
what is naturalization?
“Naturalization is the process by which U.S.
citizenship is granted to a foreign citizen
or national after he or she fulfills the requirements
established by Congress in the
Immigration and Nationality Act (INA).”
- USCIS
Naturalization
Process
Submit
Application To
USCIS
• N-400
• Fee or fee waiver
application
• Supporting Documents
Biometrics
Appointment
• Fingerprint
• Photos taken
Naturalization
Interview
• English
Test
• Civics Test
benefits of being a citizen
 Benefits







Right to live in the US (almost impossible to be deported)
Right to vote
Right to travel (and hold US Passport)
Right to hold federal jobs
Right to petition for certain family members to immigrant
Right to certain public benefits
Right to live in another country without losing right to come back to
the US
 How to lose citizenship



Renounce citizenship
Serve in an army at war with the US
Become a high level government official in another country
What do we do at clinics?
clinic goals
 screen clinic clients for eligibility
 help those with straight forward naturalization cases
prepare their application
 help those with complex cases get more information
and advice from experts
 have experts review applications at the final station
If a red flag issue comes up or
you are not sure whether a
person is eligible to apply, talk
to the naturalization expert at
the clinic before proceeding.
look out for red flag issues
Clinics are set up to help
straight forward cases prepare
their applications.
Example of
Clinic Set-Up
Each clinic’s set-up will
vary depending on
resources available and
the community we are
serving.
 Station 1: Registration/Check-In
 Station 2: Screening for red flags




issues and eligibility
Station 4: Filling out fee waivers
Station 5: Filling out N-400
Application for Naturalization
forms
Station 3 & 6: Expert Table to
review final documents or to give
consultations for red flag cases
Station 7: Check-Out
EBNatz Clinic Flow Chart
Send major red flag issues to Station 3
No red flag issues send to Station 4 or 5
Station 1 :
Registration
Station 2:
Intake/
Screening
Station 3:
Attorney
Consultation
Station 4:
Fee Waiver
(I912)
Station 5:
Form Filling
(N400)
Check-in prescreened and walk-in clients
Give clients the green packet w/ client #
Have client sign Limited Liability form
Direct client to Station 2.
Go through pre-screening tool with
clients. If there are any “yes” answers,
contact station lead or send to Station 3
for an expert review, otherwise send to
Station 4 (Fee Waiver) or 5 (Form Filling).
Attorney review to give consultations for
red flag cases and “green light” to
continue.
Fill out fee waiver form I-912 with client
if needed. This ensures client will not
have to pay USCIS fee if low income.
Fill out the 21 page form N-400 with
client. Black pen only. Make sure to
review each question with client.
Station 6:
Experts/ Final
Review
Final review for quality control and
review any red flags. Write final
instructions. Direct to Station 7 for check
out.
Station 7:
Check out/
Resource Table
Collect green packet w/ client #. Give
client envelope for mailing and review
final instructions. Check client out using
client log sheets. Direct client to
resource table.
Contact Information
Applicant ID#:_______________
Name (First, Last):_____________________________________________________________
DOB:____/____/____
Telephone Number: (____)______-______ Need Interpreter? Language:_________________
Address: ___________________________________________________ City:_____________________ Zip:__________
(Circle) MALE
FEMALE
Country of Origin: ______________________ Nationality: ____________________
Number of Minor LPR Children: _______
How did you hear about us? ________________________________
STATION CHECKLIST STATION
1
INITIAL
2
REGISTRATION
SCREENING
2
3
1) Participant wants to try for fee waiver? ! YES
! NO
2) Language Assessment, if applicable:
! Exemption Applies
! Disability Waiver?
! Further Assessment Needed
Okay to proceed?
! YES
! NO
If no, does participant insist upon applying? ! YES
3) Notes:
! NO
CONSULTATION (Attorney or qualified legal representative only)
1) Recommended to proceed?
! YES
! NO
FEE WAIVER
4
1) Applicant eligible for fee waiver?
! YES: Means Tested Benefit ! YES: Low Income ! NO
2) If yes, filled out fee waiver?
! YES
! NO, missing documentation: ________________________
3) Notes:
FORMS
5
6
1) Assisted applicant with: (Check all that apply)
! N-400
! Selective Service addendum ! Other: ________________________
2) Notes:
REVIEW: (Attorney or qualified legal representative only)
1) Recommended to file? ! YES
2) If yes, is application complete?
! NO
! YES
! NO
PACKAGING & CHECK-OUT:
1) ! Application ready to file
2) ! Application almost ready to file
! Missing:
7
GO TO
STATION
3) ! Applicant not yet recommended to file
! Reason:
! Referred to: ! ESL/ Prep Classes
! Agency
! Other/ Notes:
! Next Workshop
TIMESTAMP
STATION 2: Eligibility Screening and Assessment Form
Applicant ID#______________
Resident Since (see residency card) _____/_____/_____
1. Married to US Citizen or gained residency through VAWA?
A. If yes: Has at least 2 years and 9 months of residency?
B. If no: Has at least 4 years and 9 months of residency?
If NO to A and B, applicant is not yet eligible. Refer to STATION 7 to check-out.
2. Are either of your parents or grandparents US Citizens?
3. Are you under 18 years of age?
If YES to either #2 or #3, then refer to STATION 3 for a consultation.
(Circle)
YES
YES
YES
NO
NO
NO
YES
YES
NO
NO
YES
NO
YES
NO
Financial Considerations:
8. Do you want to try for a fee waiver?
YES
NO
Ability to read, speak and understand English
9. Applicant can read, speak and understand basic English?
YES
NO
A. Applicant is over 55 years old and has 15 years as a permanent resident
and is exempt from the English language requirement
(55/15)
YES
NO
B. Applicant is over 50 years old and has 20 years as a permanent resident
and is exempt from the English language requirement
(50/20)
YES
NO
C. Applicant is over 65 years old and has 20 years as a permanent resident
and is exempt from the English language requirement and qualifies for the
simple civics and history test
(65/20)
YES
NO
D. Applicant has a medical disability that impairs their ability to learn or
understand English and Civics.
(N-648)
YES
NO
4. How did the applicant become a lawful permanent resident?
___________________________________________________________________
___________________________________________________________________
5. Admission Code (see residency card under “category”): ______________
Continuous Presence and Residency
6. Has the applicant taken any trip outside of the U.S. for 180 days or more?
7. Has the applicant been outside of the U.S. for more than 30 months in the past 5 years?
(Or more than 18 months in the past 3 years for spouses of US Citizens)
If YES to either, then refer to STATION 3 for a consultation.
If NO, then one of the following exceptions must apply to be eligible for Naturalization:
•
•
•
If NO to ALL, complete English assessment.
If no English assessment is necessary or wanted, but has ANY Red Flags on the back, refer
to STATION 3 for a consultation.
If there are NO ISSUES with English and/or Red Flags, refer to STATION 4 if Fee Waiver
is requested, or STATION 5 Form Filling if there is no fee waiver request.
Red Flags Screening Checklist
PLEASE READ!!!! IMPORTANT INFORMATION FOR EVERY CITIZENSHIP APPLICANT:
If any of the statements below are true of you, you need to talk with an immigration expert before you file your
application. Be honest and accurate: Immigration has your criminal and immigration records with most of this
information. There can be serious consequences for not telling the truth on these questions. These statements apply
whether you are in the U.S. or anywhere in the world, from birth to the present.
YES
Have you/are you:
NO
1.
Ever been stopped, arrested, detained, or questioned by the police anywhere in the world (including traffic
violations, unpaid tickets) or by U.S. Immigration?
2.
Ever been charged with or convicted of a crime? (Even if the crime was dismissed or expunged)
3.
Been told by a judge that your record was erased or wiped clean?
4.
Been arrested for or had a restraining order against you for domestic violence, child abuse or child neglect?
5.
Did you ever overstay your visa/ permit or enter the U.S. without inspection?
6.
Ever been deported, or placed in removal proceedings?
7.
Ever been in front of an immigration judge or in immigration court?
8.
Currently on probation or parole?
9.
Made any trips outside the U.S. lasting more than 6 months since you got your green card or lived in another
country since you got your green card?
10.
Owe taxes, or ever failed to file a required Federal, state, or local tax return since you got your green card?
11.
Did you lie to an immigration or consulate official to get your residency or any immigration benefit or use false
documents to gain any immigration benefit or use false documents to come to the U.S.?
12.
Will you include any information in your naturalization application that contradicts anything in any other or
previous applications that you have filed with USCIS/INS (for example, children, residences or absences that
are different than those listed on your green card application)?
13.
Obtained your green card through marriage, and you are now divorced or separated from that spouse?
14.
Obtained your green card through a parent and you were married at the time?
15.
Failed to pay child support or alimony/ spousal support?
17.
Received (or continued to receive after eligibility ended) welfare or other government benefits by making false
statements or withholding information?
18.
Traveled outside the US for more than 30 days while receiving welfare, SSI or other public benefits?
19.
Claimed to be a U.S. Citizen, registered to vote or voted in a U.S. election?
20.
Helped anyone (including family members) cross the border illegally in anyway? (Includes providing money to
help the person cross the border)
21.
Failed to register for the U.S. Selective Service? (Applies only to males who resided in the U.S. while they
were ages 18-26, regardless of whether the male had legal status or not).
To check if you are registered visit www.sss.gov
22.
Filed an immigration petition (Form I-130) for one of your children?
23.
Do you have a spouse or children who are undocumented?
24.
Have you received your green card based on asylum/refugee status or through a parent who was granted
asylum or refugee status?
25.
Did you ever return to your country of origin after receiving asylum/refugee status?
>>If YES to ANY Red Flags, refer to STATION 3 for a consultation.<<
I have answered the above questions truthfully, and I understand that if any of this information is false or
incomplete I take full responsibility for the consequences, which include possible deportation.
Date: ___________________
Signature:_______________________________________
STATION 2: English Assessment
ORAL
Questions
What's your name?
What’s your birth date?
What’s your phone number?
What’s your address?
Are you married?
How many times have you been married?
Is your husband/wife a U.S. citizen?
Do you have children? (If yes, ask how many
children the participant has.)
Do you have a job? What do you do?
What country are you from?
How long have you had your green card?
Why do you want to be a U.S. citizen?
Points
Point System
Total:
Complete Answer: 2 pts
Answer is complete when
you would understand it as a
native English speaker. Any
errors must not interfere
with meaning.
Substantial Answer: 1 pt
Answer is substantial when
you need to interpret the
meaning.
Incomplete/Incorrect
Answer: 0 pts
Answer is incomplete or
incorrect when it does not
answer the question at all.
READING/DICTATION
(Choose a question for the client to read and then have the client write the answer, dictated by you, on the back
of this sheet.)
Question: Who can vote?
Question: Where is the capital of the U.S.?
Answer: Citizens can vote.
Answer: The capital of the U.S. is Washington D.C.
1) Did client get at least 18 points on the oral?
!Y !N
2) Did client pass the reading/dictation
!Y !N
If “YES!” to 1) and 2) and participant has no other issues:
! Refer to Station 4 if participant wants to try for a fee waiver
! Refer to Station 5 Form Filling if participant does not want a fee waiver
If “NO!” to either and participant has no other issues, warn participant about the English exam
! Refer to Station 4 if participant still wants to proceed and wants to try for a fee waiver.
! Refer to Station 5 if participant still wants to proceed and does not want to try for a fee waiver.
! Refer to Station 7 (check out) if participant does not want to proceed.
! If participant has other issues, refer to Station 3 for attorney consultation REGARDLESS of whether participant passes
English assessment or not
Notes:
Applicant ID#______________
STATION 3: Consultation
Is applicant being advised to consult with another attorneys/legal organizations in regards to their application
for naturalization or is being advised not to file for naturalization at this time?
YES
NO
CONSULTATION NOTES:
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
If YES, please refer to STATION 7 for Check Out.
If NO, please refer to STATION 4 for Fee Waiver Eligibility Screening if fee waiver is
requested. If fee waiver is not being requested, refer to STATION 5 Form Filling.
Applicant Name: ___________________________ Attorney/BIA Name:______________________________
STATION 6: Attorney Review
Notes:
Recommended to file?
YES
Attorney Name:
REFER TO STATION 7 FOR CHECKOUT
NO
Applicant Name:
Who can apply to naturalize?
eligibility for naturalization
1.
2.
3.
4.
5.
6.
7.
Be 18 years old or older
Be a green card holder for at least 5 years immediately preceding
the date of filing the Form N-400, Application for Naturalization
Be physically present in the United States for at least 30 months
out of the 5 years immediately preceding the date of filing the
application
Have continuous residence in the United States as a green card
holder for at least 5 years immediately preceding the date of the
filing the application
Be able to read, write, and speak English
Have knowledge and an understanding of U.S. history and
government (civics)
Be a person of good moral character, attached to the principles of
the Constitution of the United States, and well disposed to the
good order and happiness of the United States during all relevant
periods under the law
be 18 or older
INA § 334(b) No person shall file a valid application
for naturalization unless he shall have attained the
age of eighteen years.
What if client is under 18?
 Children under 18 generally follow the status of their parents
 Special rules apply to minor unmarried lawful permanent
resident children
 Also, special rules apply to individuals who have honorably
served as members of the Selected Reserve of the Ready Reserve
or in an active-duty status in the military, air, or naval forces of
the United States during designated periods
be a green card holder for at least 5 years
Be a green card holder for at least 5 years immediately
preceding the date of filing the Form N-400
 How far in advance can you file?


3 months in advance (i.e. gc for 4yrs and 9 mos)
Should have lived within the state, or USCIS district with jurisdiction
over the applicant’s place of residence, for at least 3 months prior to
the date of filing the application
 Exceptions? Any way to file earlier?


Marriage/VAWA exception – married to USC for 3 years
Other exception related to continuous residence
be physically present in the United States
The applicant must have been physically present in the
U.S. for at least 30 months out of the 5 years
immediately preceding the date of filing the
application.
Year 1
Year 2
Year 3
Year 4
Year 5
have continuous residence
Have continuous residence in the United States as
a green card holder for at least 5 years immediately
preceding the date of the filing the application.
An applicant must show she has not disrupted the continuity of her residence in
the United States.
• < 6 months , then it’s usually okay.
• > 6 months, then have to prove residency.
• > 1 year, automatically found to have disrupted the continuity of residence.
• Must wait four years and one day (or two years and one day if he is
married to a U.S. citizen) to reapply for naturalization.
Year 1
Year 2
Year 3
Year 4
Year 5
Continuous Residence vs.
Abandonment of Residence
Abandonment of
residency
Disruption of continuous
residency
 Disrupting continuous
residence means the
applicant has failed to
reside continuously in the
U.S. because s/he has
taken a trip abroad for a
certain period of time

Wait 4 years 1 day and
reapply for natz
• Deportation issue. Do you
even have a green card
anymore?
•
•
Abandonment of residence
affects the applicant’s lawful
permanent resident status
and may trigger removal
from the U.S.
See USCIS for more info on
abandonment
http://tinyurl.com/yet8jyo
be able to read, write, and speak English
 How is this tested?
 At interview with immigration officer
 Exceptions:
 55/15 and 50/20 exceptions: People who are 55 or 50
and have been gc holders for 15 and 20 years can waive
out of the English requirement
 Disability waiver: People who have an approved disability
waiver do not need to take the English tests or the civics
test
have knowledge and understanding of civics
 How is this tested?


At interview with immigration officer
There are 100 US history and civics questions to learn; 10
are asked at the interview; 6 must be answered correctly
 Exceptions:



65/20 waiver: People who are 65 or older and have lived
here for 20 years or more can study from a shortened test
If there is an English waiver, test can be done in applicant’s
language of choice
Disability waiver: People who have an approved disability
waiver do not need to take the English tests or the civics test
be a person of good moral character
 What is good moral character? There is no statutory
definition of what good moral character means. The
INA only defines what good moral character does not
mean and what individuals will not be allowed to
establish good moral character.
 Check for criminal history.
 The grounds of deportation and inadmissibility
include more areas than does good moral character,
so a person might have good moral character but still
be deportable or inadmissible.
What forms do we help fill out at clinic?
N-400, Application for Naturalization
 Forms will be provided at the clinic
 Please look over the form and instructions before
going to the clinic (can be downloaded at:
www.uscis.gov )
 Experts will provide final review of all applications at
the last clinic station
filing checklist
N-400, application for
naturalization
Other documents needed
to submit with application:
 Filing fee of $680 or fee




waiver application
2 passport style photos
Copy of green card
Evidence of marriage
Evidence of divorce
process times
It takes about 5-6 months from submission to
completion (oath ceremony)
 Submit application
 1 month – receipt and fee waiver decision
 1 month – biometrics appointment
 2-3 months – interview
 1-2 months – oath ceremony
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Where do I sign up to volunteer?
VOLUNTEERS NEEDED!
Help members of our community become U.S. citizens!
OCTOBER 17, 2015
SATURDAY 10AM – 2PM
LAKESIDE EVENT CENTER
CATHEDRAL OF CHRIST THE LIGHT
2121 HARRISON STREET, OAKLAND, CA 94612
(19TH ST. BART STATION NEARBY)
Volunteers are needed to assist in a
variety of capacities, including:
•
•
•
•
Greeting and screening participants
Running documents and directing participants
Filling out citizenship applications
Interpreting (Spanish, Mandarin, Cantonese,
Tagalog, Vietnamese, Russian, and more)
• Determining eligibility to naturalize
Pro bono attorneys* and law students are always welcome!
No legal background is required to volunteer.
*Please, no solicitations for private practice. Thank you!
Visit www.ebnatz.org/wp/volunteer to sign up
or call Jason Sullivan-Halpern, Volunteer Coordinator,
at (510) 768-3166 for more information
DIOCESE OF
OAKLAND
sign up to volunteer at: http://ebnatz.org/wp/volunteer/
or contact:
Jason Sullivan Halpern
CCEB Volunteer Coordinator
Direct: 510-768-3166
Email: [email protected]
Thank You!

volunteer training information and slides

Transcription

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