U.S. Citizenship For Dummies. Jennifer Gagliardi
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The USCIS officer will also review your medical examinations. The officer will ask if there is anything you want to correct about the background and biographical information you provided the USCIS. If anything has changed or you feel your documents contain inaccurate information, now is the time to speak up.
If your case is based on employment, the officer may also review your Department of Labor paperwork. They may ask questions about your job to determine whether you really worked in the occupation you claim when you lived in your native country. The officer may also want to know whether you have the necessary skills to perform the job in the United States.
Be prepared to answer questions designed to determine whether you’ve been working illegally while waiting for your green-card application to be approved.
Some applicants aren’t allowed to work in the United States while waiting to get their green cards — and working illegally provides grounds for the USCIS to deny your application. As long as you’re truthful and have followed the rules, you should have nothing to worry about.
If your case is based upon your marriage to a U.S. citizen, the interviewing officer will ask questions about your marriage and life together. The USCIS wants to feel confident that yours is a true marriage and not a union of convenience designed to get you into the country. The USCIS will require your spouse to come to the interview, and they can choose to interview you separately or as a couple.
In some cases, the officer will need additional information and paperwork in order to make a decision. If this happens in your case, the USCIS officer will reschedule you to return with the requested items another day.
If all goes well and the officer doesn’t need any more documentation, they will issue you an approval and you’ll be asked to return to the USCIS to get your passport stamped — as a lawful permanent resident. If you’ve been married to your U.S.-citizen spouse for less than two years, your passport will be stamped as a conditional permanent resident — conditioned on your still being married after two years. At that time, you may have the condition removed to become a full lawful permanent resident, which may require another interview with the USCIS. In either case, you won’t actually receive the green card itself for several months, although your new immigration status takes effect with the stamping of your passport.
All applicants for adjustment of status are entitled to work authorization. If you’re in the United States waiting to go to an overseas consulate to process, you have to maintain a status that permits employment (see Chapter 3 for more information) and only work pursuant to your status.
Obtaining U.S. citizenship
Assume you’ve been a lawful permanent resident of the United States for at least five years or, if your permanent resident status is based on marriage, you’ve been married to and living with your U.S.-citizen spouse for at least three years. If you’re a man between the ages of 18 and 26, you’ve registered for the draft with Selective Service. You’ve properly completed and filed your Application for Naturalization Form (Form N-400) and supplied the USCIS with all the necessary documents and paperwork (you can find more on this in Chapter 4). Now comes the final step in the process of becoming a citizen: the USCIS interview.
Although it only takes about 10 to 15 minutes, the interview fills many prospective citizens with fear and dread. After all, you not only have to be prepared to answer questions about yourself, you also have to prove that you know how to read and write one dictated sentence in English plus answer six out of ten questions correctly from a list of one hundred U.S. history, government, and civics questions.
We know it sounds intimidating, but if you do your homework, you’ll have nothing to worry about. USCIS examiners don’t expect you to know everything about the United States. Nor do you have to be an English professor to pass the language test. If you can read and understand this book, you can pass the English text. If you’re having trouble, don’t worry. We give you some fun and easy ways to improve your skills.
USCIS officers are required to give “due consideration” to your education, background, age, length of residence in the United States, opportunities available, and efforts made to acquire the requisite knowledge, along with any other elements or factors relevant to appraising your knowledge and understanding. As far as U.S. history and civics are concerned, the USCIS wants to know you understand the principles that the United States stands for. Finding out about history helps you understand how the United States became the great nation it is today. Parts 3, 4, and 5 of this book help you prepare for the history and civics test, but we predict that you already know more than you think you do.
After your interview, you’ll get a USCIS Form N-652, which simply tells you whether your application was granted, denied, or continued. Here’s an explanation of what each of these three possibilities means:
Granted: Congratulations! If your application was granted, you’ll soon receive a notice of when and where to go for your swearing-in ceremony, where you’ll take the Oath of Allegiance. You don’t become a U.S. citizen until you attend this ceremony and take the Oath of Allegiance.
Denied: If the USCIS denies your application for naturalization, you’ll receive a written notice telling you why. If you feel you were wrongly denied, you can ask for a hearing with another USCIS officer to appeal your case. On the back of your denial letter, you’ll find USCIS Form N-336 “Request for Hearing on a Decision in Naturalization Proceedings.” You’ll also conveniently find full instructions on how to file and what fees you’ll need to pay. If your application is again denied at your second hearing, don’t give up — you still have one more chance: You can file to have your application reviewed in U.S. district court. Keep in mind that you only have 30 days after receiving your denial letter to file for an appeal hearing. After 30 days, the case is considered closed, and you’ll have to start the entire process over again if you want to reapply.
Continued: Cases are most often continued, or put on hold, because the applicant didn’t provide all the documents the USCIS needed or because the applicant failed the English or civics test. If the USCIS requires more information, they will give you a Form N-14, which explains exactly what information or documents they’re looking for. The form will also tell when and how you should provide these papers. You’re close to gaining citizenship, and details count. Follow the instructions on Form N-14 carefully. Not paying attention to details can result in your application being denied. If you don’t understand the instructions, ask for help and make sure that you deliver what’s asked for on time. (See Chapter 7 for information about finding competent and ethical help.)If you failed the English test and/or the civics test,