Becoming a citizen of the United States is a process, but doable PDF Print E-mail
Written by Dana Bowley/News-Bulletin   
Saturday, 07 August 2010 00:00

"I'm going to talk about citizenship," Peter Rechkemmer told the audience Saturday, July 31, at the Los Lunas Transportation Center. "I'm not here to argue about policy."

 

With that, Rechkemmer, a field officer with U.S. Citizenship and Immigration Services, made it clear his appearance concerned only the advertised topic of how a lawful permanent resident can become a U.S. citizen.

"Our office in Albuquerque is a benefits section," he said. "It is not an enforcement office."

The USCIS is part of the Homeland Security Department and is the successor to the Immigration and Naturalization Service.

A lawful permanent resident, Rechkemmer said, is a legal immigrant who has what used to be called a "green card," allowing them to stay and work in the country.

Citizenship, which not too long ago took two to three years from the date of application, now can take as little as two to three months, he said, largely thanks to computer technology.

There are three qualifications for lawful permanent residents to apply for citizenship, Rechkemmer said.

First, the person must be at least 18 years old. Anyone under 18 is considered a child, and there are separate qualifications for children and military veterans.

Second, the applicant must have five continuous years residency in the U.S. (three years if married to a U.S. citizen, or one year for active or honorably discharged members of the military). They must have been physically present in the U.S. for at least half that time, with no absence greater than six months.

Third, the applicant must have displayed "good moral character" for the number of years of residency required in the second qualification. Behaviors that indicate a lack of good moral character include criminal activity, drug violations, drunken driving or excessive drinking, polygamy, adultery, terrorism, being a communist, giving false testimony or lying. Some are permanently disqualifying factors, others restart the clock.

Also, Rechkemmer said, "Making a false claim of U.S. citizenship disqualifies you forever, and there is no waiver."

People who qualify can apply online or call the CIS toll-free number (below) to have an application mailed.

Applicants must pass a background check and be fingerprinted, then they must:

• Pass a civics and history test

• Prove an ability to speak read, write and communicate in English

• Produce documents proving their status and residency

• Swear an oath of loyalty to the Constitution and U.S. government; and

• Males born after 1960 must register with Selective Service.

At the time they apply, those seeking citizenship are given a booklet containing information for the civics and history tests. During their interview with a field officer such as Rechkemmer, they must answer at least six questions out of 10 to pass.

Also, during the interview, the examiner will determine the applicant's English proficiency.

"The English test begins when we go get them in the waiting room," Rechkemmer said. "On the way back to the office we'll engage them in chit-chat, ask how they got to the office and other simple questions. If they struggle with that, then we take a harder look."

The written English test, he said, is aimed at a fourth-grade level.

There are exemptions to the English requirement, he said, beginning with the 55/15 rule.

"If the applicant is 55 years old with at least 15 continuous years as a legal resident, the English requirement is waived."

The rule also applies at age 50 with 20 years residency. Tests are conducted in their native language.

Permanent residents who are actively serving in the military or are honorably discharged get special consideration, Rechkemmer said.

The minimum age can be waived for military, and the residency requirement is reduced to one year. Their application fee is also waived. Normal fee for the process is $675; $595 for those 75 and older; and $420 for children.

The laws for children vary with the status of the parents. Among the scenarios:

• Any child born in the U.S., regardless of parents' status, is automatically a U.S. citizen.

• A child born to two U.S. citizens is automatically a U.S. citizen, regardless of birthplace.

• A child born outside the U.S. to one U.S. citizen and one non-citizen can be awarded citizenship if he is under 18; is a lawful resident; and is residing in the U.S. in the legal custody of the U.S. parent.

Rules on adopted children are situation-specific, but in general a child adopted by U.S. citizens is technically a U.S. citizen as soon as he sets foot in the U.S., but there are paperwork requirements to make it official.

One occurrence Rechkemmer notes are cases in which immigrants came to the U.S. legally with their children and gained citizenship for themselves, but not the children.

"In a lot of cases," he said, "the kids don't even know. The parents never told them, and the kids grew up believing they were U.S. citizens.

"Then they get a nasty surprise when, say, they apply for Social Security benefits."

He urged anyone who is not positive about their status to verify it as soon as possible, and for immigrant parents to naturalize children before the age of 16.

Information and forms are available on the agency's website at www.uscis.gov or by calling 800-375-5283.

People can visit the Albuquerque CIS office at 1720 Randolph Road S.E. for forms or general information, but they won't be able to see a field officer without an appointment.

To make an appointment, applicants must use the InfoPass system on the website. This allows the applicant to pick the time for their appointment and have only a short wait at the office.

Last Updated on Friday, 06 August 2010 13:41
 
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