Citizenship and Naturalization

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Citizenship and Naturalization
On March 8, ILRC provided comments on the USCIS proposed fee rule. In the comment, ILRC commended agency actions codifying fee exemptions. Additionally, ILRC requested that USCIS codify fee waiver eligibility standards and raise the income threshold for fee waivers. We also requested that fee increases be reduced for applications for lawful permanent residence, work authorization and family petitions, among others. Finally, the comment provides requested changes to various USCIS forms that are open for comment in conjunction with the proposed fee rule.

Derivation of Citizenship

Citizenship and Naturalization

Level: Advanced This advanced webinar will discuss the criteria for automatically deriving citizenship from a U.S. citizen parent under both the Child Citizenship Act as well as former INA 321. Using examples and the ILRC’s derivation chart, we will...

Federal Rulemaking is one of the most direct ways that the public can participate and shape policies and practices of executive agencies. Federal regulations govern the executive agencies charged with enforcing the United States’ immigration laws and granting immigration benefits to eligible applicants. However, the process of Federal Rulemaking is often misunderstood and public participation in the process is under-utilized. This practice advisory provides an overview of the federal regulatory and rulemaking process as well as the authorities that govern this process as well as a guide to commenting on proposed rules and practical tips for navigating the resources available to the public.
This alert describes recent changes to the naturalization disability waiver. On October 19, 2022, USCIS announced major revisions to the Form N-648, which is used by naturalization applicants who seek a waiver of the English and/or civics requirement based on a disability or impairment that causes the applicant to be unable to learn or demonstrate knowledge of English and/or civics. USCIS also published major changes to the accompanying USCIS Policy Manual guidance.

Citizenship and Naturalization

There are many advantages to becoming a U.S. citizen—including helping family members immigrate to the United States, traveling with a U.S. passport, and voting in U.S. elections. Millions of lawful permanent residents are eligible to naturalize but need support to take the important step of becoming a U.S. citizen.

The Immigrant Legal Resource Center (ILRC) provides critical support to organizations helping immigrants navigate the naturalization process. We provide trainings and technical assistance, publish the top practitioner’s guide, Naturalization and U.S. Citizenship: The Essential Legal Guide, engage in federal and local advocacy. Through the national New Americans Campaign, we also develop and disseminate best practices in providing access to naturalization services.

Latest Resources

Resources
Resources
Publication Date
05/08/2024
On April 1, 2024, the United States Citizenship & Immigration Services (USCIS) released a new version of Form N-400, Application for Naturalization. All applicants for naturalization must use this new form. To help attorneys, USDOJ accredited representatives, and others learn how to complete this new version of the form, we have developed a new step-by-step guide. It provides instructions on how to complete the Form N-400 and includes tips on how to best approach common issues related to eligibility and possible red flags, as well as practical considerations for submission.
Practice Advisory
Resources
Publication Date
01/24/2024
Recently, USCIS has conflated guidance for naturalization disability waivers of English and civics with waivers of the oath requirement for persons with disabilities. The confusion stems from USCIS’s addition of a question on oath waivers on the N-648 disability waiver form. These are separate waivers with distinct purposes, legislative histories, and administrative guidance.

This practice advisory will describe the enactment of the oath waiver and current USCIS guidance as well as describe the ways that it is distinct from a waiver of the English/civics requirement.
Public Comments / Sign-on Letters
Resources
Publication Date
11/28/2023
ILRC wrote to USCIS leadership on behalf of local programs representing naturalization applicants with disability waivers in LA County USCIS. Despite major changes to the USCIS Policy Manual and Form N-648 on October 22, 2022, this office of USCIS resists implementation of the new guidance and continues to be dismissive and hostile towards applicants with disability waivers.
Public Comments / Sign-on Letters
Resources
Publication Date
10/26/2023
ILRC submitted this comment on the N-600 Certificate for Citizenship on October 26, 2023, with suggestions on how to make the form more accessible and consistent with current law and policy, thus increasing access to citizenship.

New Americans Campaign

A project of the ILRC, the New Americans Campaign is a nonpartisan, groundbreaking national network of legal-service providers, faith-based organizations, businesses, foundations and community leaders that is paving a better road to citizenship.

A Guide for Immigration Advocates

Asylum
Citizenship and Naturalization
Crimes
Family-Based
Removal Defense
Temporary Protected Status
U Visa/T Visa/VAWA

A Guide for Immigration Advocates is a practical and essential tool for beginning immigration attorneys, immigration law firms employing paralegals, DOJ accredited representatives, and nonprofit community-based organizations. The Guide is unique...

The Effects of Absences on Naturalization

Citizenship and Naturalization

Level: IntermediateThis webinar will examine the different ways that absences from the United States can affect naturalization eligibility. Using examples, the presenters will walk through the continuous residence and physical presence requirements...