If you’re going through the naturalization process as a spouse to a U.S. citizen, the statutory period is … An option of five statutory bar imposes a statutory requirements for five years before filing of naturalization process to fund multiple convictions. § 316.10(c)); an alien who is in removal or deportation proceedings is temporarily precluded from naturalization (INA §§ 328, 329) C. Other bars Naturalization is the process where an alien becomes a US citizen. Contact us for an analysis of your case and whether you meet the statutory requirement for citizenship. Citizenship for each naturalization applications under increasing calls for. The statutory period during which an applicant must show that he or she has been a person of good moral character depends on the corresponding naturalization provision. 19 However, the USCIS Policy Manual provides two general criteria for what constitutes a CIMT based on judicial precedent and a decision by the Attorney General: 1. This statutory period is reduced to three years if applying on the basis of marriage to a U.S. citizen. ... but would be limited in terms of action able to be taken for acts that fall completely outside the statutory period. This is because her principal dwelling place for those few months was not in the United States. The statutory period depends on which naturalization provision the applicant filed under. For husbands or wives of U.S. citizens, for example, the period might be only three years. USCIS will deny a naturalization application when the applicant refuses to register with Selective Service or has knowingly and willfully failed to register during the statutory period. –Fernando Cardoso Becoming a U.S. citizen is a deeply personal choice for every person. Naturalization 11 2 – Naturalization You can become a United States citizen in a few ways: Birth in the United States or one of its ... for half of the statutory period before applying to become a citizen. The applicant must have been lawfully admitted to the US and must have also consistently maintained all residency requirements that make them eligible for naturalization. Criminal conduct has harsh immigration consequences for Lawful Permanent Residents. naturalization because he committed unlawful acts adversely reflecting on his moral character during the statutory period; (3) he illegally procured 1 Okoro was originally sentenced to the same length of imprisonment in 2002, but he appealed. But 8 U.S.C. Because the robbery is an unlawful act that reflects adversely on Zhou’s moral character and for which he cannot show extenuating circumstances, we affirm. Naturalisation is the process through which a foreign national living in Ireland may apply to become an Irish citizen. [7] If the applicant has only been convicted of (or admits to) one CIMT, the CIMT must have been committed within the statutory period as well. An applicant who admits to committing one or more CIMTs during the statutory period is barred from establishing GMC for naturalization. For example, if your N-400 was denied because you have a criminal conviction or other bad act inside the three or five year statutory period leading up to your N-400 application, appealing the denial may not be the best idea for you. Applicant must be lawfully admitted as a permanent resident. However, if you have been outside of the U.S. for a continuous period of more than 6 months, you have broken your continuous residence and should contact an attorney before applying for naturalization. If the applicant’s actions during the statutory period do not reflect a reform of character, then the applicant may not be able to demonstrate good moral character during the statutory period pursuant to section 101(f) , and section 316(e) of the Act, and 8 CFR 316.10(a)(2) . In general, the pertinent time frame during which naturalization hopefuls must show good moral character is five years before submission of their citizenship paperwork. Travel in and out of the U.S. is permitted. Under the Immigration and Nationality Act, in order to qualify for naturalization, an applicant must demonstrate that they are a person of good character during the statutory period and through the time that he or she takes the oath of allegiance. II.GMC during the Statutory Period of 5 Years: The Permanent Resident will be required to demonstrate GMC for a minimum statutory period of the 5 continuous years preceding submission of an application to become a naturalized citizen. Statutory Period. GMC during the Statutory Period of 5 Years The Permanent Resident will be required to demonstrate GMC for a minimum statutory period of the 5 continuous years preceding submission of an application to become a naturalized citizen. 2. Naturalization is not precluded if, during part of the statutory period, the applicant was legally incompetent or confined to a mental institution. Good Moral Character Generally, an applicant must show that he or she has been a person of good moral character for the statutory period (typically five years or three years if married to a U.S. citizen or one year for Armed Forces expedite) prior to filing for naturalization. months during the 5 - year statutory period, the applicant will not be found to have continuous residence in the United States. The statutory period during which an applicant must show that he or she has been a person of good moral character depends on the corresponding naturalization provision. WASHINGTON— Today, U.S. I. Assume that the conviction occurred many years before the applicant sought naturalization, that any incarceration was ended before the statutory period (normally 5 years before naturalization), and that the offense was not sufficiently serious to qualify as an aggravated felony. 8 C.F.R. The statutory period for assessing the moral character of a naturalization applicant begins five years immediately preceding the date the application is filed. Generally, an applicant must show that he or she has been a person of good moral character for the statutory period (typically five years or three years if married to a U.S. citizen or one year for Armed Forces expedite) prior to filing for naturalization. In order to apply for U.S. citizenship, you will need to fill out Form N-400, the Application for Naturalization. However, the government may consider the applicant's conduct at any time prior to that as well. In this article, we will examine the new USCIS guidance on the effect of convictions for driving under the influence on a naturalization applicant's ability to establish good moral character for the requisite statutory period. Section 316(a) of the Immigration and Nationality Act (INA) requires a naturalization applicant to prove that he or she is, and has been for the requisite period, a person of good moral character, attached to the principles of the Constitution of the United States, and well disposed toward the good order and happiness of the United States. In general, such an applicant may become eligible and may apply for naturalization at least 6 months before reaching the end of the pertinent statutory period. Naturalization. The Service is not limited to the statutory period in determining whether an applicant has established good moral character. The applicant bears the burden to show that he … This period is reduced to three years for those seeking to … In most cases, USCIS is only looking at your history starting five years before you submit your naturalization application. It consists of strengthening each citizen’s possibility and capacity to participate in the deliberations involved in life in society. The Statutory Period The statutory period is typically the time during which you must show good moral character. § 316.2(a)(7). See Immigration and Nationality Act (INA) § 101(f); Title 8, Code of Federal Regulations (CFR) § 316.10. CIMTs are not statutorily defined. This is known as the statutory period. Statutory period … Evidence of preserved residence if the applicant disrupted continuous residence statutory period; Proof of good moral character; Supporting Documents For A Green Card Holder Married To A U.S. Citizen. This is the time period that the USICS will thoroughly examine any immoral conduct that could threaten your citizenship application. Am I eligible to naturalize? To qualify for naturalization and unless exempt, the lawful permanent resident must show half of the statutory period of continuous residence as physically present in the US. In general, the statutory period for GMC for an applicant filing under the general naturalization provision starts five years prior to the date of filing. One of the questions on that form asks whether you have “ever been arrested, cited, or detained by any law enforcement officer (including any and all immigration officials or the U.S. Armed Forces) for any reason.”

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