Answers to Naturalization Immigration IQ Test

1. 18 years of age

Generally, a permanent resident is ineligible to apply for naturalization until he/she turns 18.

Exceptions to this rule are:

• If the person has served in the U.S. Armed Forces during an active armed conflict (or at anytime since September 11, 2001), there is no age, residence or physical presence requirement.

• One of the parents of the child naturalizes and becomes a citizen before the child reaches the age of 18 years and is unmarried, and residing in the US in the legal and physical custody of the citizen parent.

1. Five Years

Normally a person needs to be a Legal Permanent Resident (LPR) residing continuously in the United States for a period of five years in order to naturalize. However if the person is married to a US citizen, the residency requirement is reduced to three years provided:

• US citizen spouse has been a citizen of the United States for 3 years; and

• The parties are married at least for three years and parties are living in marital union. A divorce, legal separation or informal separation can break the marital union.

The continuous residence requirement may be broken if the person has departed the United States for a long period of time. An absence of more than one year automatically breaks the continuous residence. Any visit outside the USA for more than 180 days can raise a rebuttable presumption of a break in the continuous residence.

Another aspect to remember is that the person needs to be physically present in this country for at least 50% of the five years or three year residency period, prior to filing the naturalization application.

There are some exceptions to the continuous presence and physical requirements.

Some lawful permanent residents need not comply with the above residence or physical presence requirements when they or their U.S. citizen spouse is employed by one of the following:

• the U.S. Government (including the U.S. Armed Forces);

• American research institutes recognized by the Attorney General;

• recognized U.S. religious organizations;

• U.S. research institutions;

• an American firm engaged in the development of foreign trade and commerce of the United States; or

• certain public international organizations involving the United States.

There is another exception in addition to those listed above for those who served in the military. If the person served in the armed forces for a period aggregating one year and if separated from the services, the separation was under honorable conditions, and if the naturalization application is filed during service or within 6 months of separation, there is residency or a physical presence requirement. If the person filed for the application after 6 months, he should be a LPR at the time of filing of the application (INA § 328).

1. All of the above

At the time of their naturalization interview, the person is normally tested on their elementary level reading, writing and understanding of English, and the knowledge of US historic and governmental facts. You can request an exemption from the English test if you are 55 years old and have been a permanent resident for 15 years, or if you are 50 years old and have been a permanent resident for at least 20 years. Persons who are physically or developmentally disabled or have any mental impairments are also exempt from the English and the history/government tests. Such persons should produce an N-648 form filled out by a medical doctor, osteopath, or clinical psychologists along with their N-400 form.

1. All of the above

One of the requirements for naturalization is that the person must be of good moral character for five years prior to filing the naturalization petition, or three years if applying as a spouse of a US citizen. Form N-400 not only asks about conviction offenses, but also about arrests, expunged convictions and the details of crimes for which the applicant has not been arrested or convicted. A person can be denied citizenship even if he admits to committing a crime for which he is not arrested. Any person with a criminal record should first consult with an attorney regarding the filing of an application for naturalization. To schedule a consultation with one of our attorneys, please complete the questionnaire and follow the instructions.

1. Yes. But only if the law of your other country of your citizenship permits this.

A United States citizen is permitted to have dual citizenship provided:

• When he becomes a U.S. citizen through naturalization and the country of his citizenship does not strip its citizens of their citizenship upon naturalization in a foreign country.

• When a person is born in the USA to nationals/citizens of country that follows principles of Jus Sanguinis (Latin for “right of blood”), a policy by which nationality or citizenship is not determined by place of birth, rather by having an ancestor who is a national or citizen of the state.

• When a person naturalizes in a foreign state that does not require the U.S. citizen to renounce his citizenship.

1. Completed Fingerprinting cards

When applying for naturalization, you need to complete and submit form N-400 along with a check for filing fees, a copy of your green card and two color photos. Fingerprints are not required to be submitted with your application. You will be called separately to have your fingerprints taken.

1. 120 days

Under the law, if the USCIS fails to make a decision on your naturalization application within 120 days after your interview, you may appeal to the U.S. District court for relief under INA § 336 (b). In the past, USCIS used to finish the interview and did not grant citizenship if they had not received the FBI clearance on the background check. This used to cause inordinate delays and many applicants filed cases against the government to speed up the process. Now, however, the government doesn’t call a person for an interview unless the FBI Background check is complete. More information can be obtained at our website.

1. A naturalized citizen cannot become the President of the United States

Only U.S. citizens are allowed to vote.  To be a Senator or Representative, you must be a U.S. citizen whether by birth of by naturalizataion. To be President or Vice President of the United States, not only must you be a citizen, but you must also be “natural born”. Article II, Section 1 of the U.S. Constitution provides that “no person except a natural born citizen, or a citizen of the United States at the time of the adoption of this Constitution, shall be eligible to the office of President…” The 12th Amendment to the Constitution states that “no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.

1. A Cousin

One benefit of becoming a U.S. citizen is that you can sponsor your relatives for green cards.. Though, a cousin cannot be sponsored, a U.S. citizen may petition for the following relatives to immigrate to the U.S.: spouse, unmarried or married sons and daughters, brothers and sisters and parents. In order to sponsor a brother, sister or parents, you must be at least 21 years of age. If you are sponsoring your siblings or your married sons and daughters, their  spouses and minor unmarried children are also eligible to immigrate together with them.

1. You must submit a written brief