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U.S. Citizenship Naturalization Test and Interview Form N-400 and New N-648

3/9/2023

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The application for U.S. citizenship is called Application for Naturalization, USCIS Form N-400. 

The most current edition of the form is posted at USCIS website
https://www.uscis.gov/n-400

Currently, the filing fee is US$725.00.

You can submit this application by mail or online.

To submit an application online, you can create your USCIS online account at:

https://my.uscis.gov/

Under Sign In - select Create Account.

You can find additional information and test resources hare: 
https://www.uscis.gov/citizenship/apply-for-citizenship

Presently, the 2008 test is offered ruring the naturalization test:

https://www.uscis.gov/citizenship/find-study-materials-and-resources

You can watch naturalization videos here:
https://www.uscis.gov/citizenship/learn-about-citizenship/the-naturalization-interview-and-test 

In 2023, USCIS started redesigning the test. During the webconference on March 3, 2023, they explained what the pilot program is, and advised that USCIS expectation for the leval of English language proficiency is ESL Level 3. 

The Medical Exception, Form N-648, was also recently redesigned, and the new process is in effect since 2022.

Form N-648: Medical Certification for Disability Exceptions.

When you seek a medical certification for disability exception because of a physical or developmental disability or mental impairment that prevents you from learning English and civics, please keep in mind the following:
  • There is no filing fee for Form N-648. However, a medical professional may charge a fee for a medical examination and for filling out forms.
  • Only a medical doctor, doctor of osteopathy, or clinical psychologist licensed to practice in the United States may certify Form N-648. You may contact your state medical board to determine whether the medical professional has a valid license.
  • An authorized medical professional must evaluate you in person or where the state law permits, a real-time telehealth examination, and diagnose you with a condition that prevents you from completing the educational requirements in order to qualify for the N-648.
  • Read and sign the Applicant’s (Patient’s) Attestation/Release of Information. A legal guardian, surrogate, or designated representative, may also sign for an applicant who is unable to undergo any part of the naturalization examination because of a physical or developmental disability or mental impairment

Below is a list of main changes in the new Form N-648:
  • The new Form N-648 is much shorter and has been cut in half from the previous version, from 9 pages to 4.5 pages.
  • Part 1, Applicant Information, has been shortened. The new form no longer requests the applicant’s Social Security Number or address.
  • The number of questions in Part 3, Information About Disabilities and/or Impairments, has been greatly reduced and simplified to just key information. In particular, the question about the applicant’s daily life activities in the previous version has been deleted. The following questions have also been deleted: questions about the description of the disabilities, cause of the disabilities, dates of diagnosis, dates of onset, date/location the doctor first examined the applicant, frequency of treatment, if the doctor is the one who regularly treats the applicant, duration of treatment, name of regularly treating medical professional, and explanation of why this doctor is certifying the form instead of the regularly treating medical professional.
  • Also in Part 3, the previous questions about the clinical diagnosis and the connection between the disability/impairment and inability to meet the testing requirements have been combined in the first question.
  • A new section has been added: Part 4, Ability to Understand Oath of Allegiance, in which the medical professional is asked if the applicant is able to understand and communicate an understanding of the oath. In our earlier comments, we asked USCIS to remove this question from the form. The USCIS Policy Alert explains that the intent of this question is to streamline the oath waiver process by eliminating the need for a separate oath waiver request. However, we are concerned that this question will trigger a big increase in unnecessary oath waiver requests. Most doctors will not understand the oath requirements and will indicate that the applicant requires an oath waiver. Then, the applicant will need a legal guardian, a surrogate, or a designated representative who is a U.S. citizen to testify on their behalf, creating another barrier for those who cannot easily meet this requirement. CLINIC plans to raise these concerns with USCIS and request additional training for medical professionals and adjudicators on the oath waiver. In the meantime, advocates will need to work closely with the medical professional to ensure they answer “yes” if the applicant is capable of taking the oath.
  • Part 5, Interpreter Information and Certification, distinguishes between in-person interpretation and telephonic interpretation and has clear instructions on how to complete this section when a telephonic interpreter was used.
  • In Part 6, Applicant’s (Patient’s) Attestation/Release of Information, the signature box notes that an applicant can make a mark if they are unable to sign. This is something we requested in our comments.
  • Part 7, Medical Professional’s Certification, has been simplified, with key information enumerated at the beginning.
  • The Form N-648 Instructions have added information on how to file the N-648 when submitting the N-400 electronically, stating that it can be uploaded as additional evidence. In addition, the instructions have added information to clarify that a legal guardian, surrogate, or designated representative may sign for an applicant who has been deemed legally incompetent.

The USCIS Policy Manual guidance on disability waivers has undergone major revisions that make it consistent with the substance and spirit of the new Form N-648. While the previous version of the policy guidance was harsh and punitive, the new guidance is much more humane and offers more flexibility for applicants in meeting the N-648 requirements. Key changes are discussed below.

Flexibility on N-648 filing date and supplemental informationThe new guidance states that while the N-648 should be submitted as an attachment to Form N-400, “USCIS should accept a Form N-648 submitted after the applicant files the naturalization application” with none of the strict conditions imposed by the previous guidance (Part B).

If the first N-648 is not sufficient, the applicant can submit an updated form with additional information rather than a new N-648. “The resubmitted form must be signed and dated by the same medical professional who signed the original Form N-648” and will be accepted even if the form edition is now expired and no longer in use. “USCIS will also accept a letter or other medical documentation addressing the Form N-648 deficiencies, if it is signed and dated by the same medical professional who signed the Form N-648” (Part G, Section 2).

Flexibility in determining when Form N-648 is sufficient

While the previous guidance required that every question on the Form N-648 be answered fully, the new guidance provides a lot more flexibility. The guidance states that “an officer reviews the Form N-648 in its totality” and an officer reviewing the Form N-64 may determine that it is sufficient “even if some of the questions have incomplete responses… if the file and testimony establish that the applicant is eligible” (Part G).

If information is missing from the N-648, the guidance states that “the officer should review any extra documents provided by the medical professional to determine if the information completes the Form N-648” (Part E). In addition, the guidance states, “Before determining that a Form N-648 is insufficient due to missing information, officers should review all sections to confirm that the information needed does not appear in a different section of the form” (Footnote 24). The N-648 may not be found insufficient solely because Diagnostical and Statistical Manual of Mental Disorders (DSM) or International Classification of Diseases (ICD) codes are missing “if the medical professional has provided a sufficient description of the clinical diagnosis” (Footnote 20). Similarly, the officer “should not determine that the form is insufficient solely because the date of last examination is missing on the form if the date can be confirmed during the naturalization interview.” (Footnote 21). If their signatures are missing on the form, the officer may allow the applicant or the interpreter to sign the form at the interview (if the interpreter was the same one used during the medical professional’s examination) (Footnote 13).

Limited reasons for credible doubtThe list of examples of credible reasons to doubt the validity of the form in Part F, Section 4 has been shortened quite a bit and includes, for example, “The medical professional who completed the Form N-648 is under investigation for immigration fraud, Medicaid fraud, or other fraud schemes.” However, it is still open to a lot of interpretation by adjudicators and includes the catch-all example of “Any other articulable grounds that are supported by the record.” Providing multiple N-648s with different diagnoses and information remains a credible reason to doubt the validity of the Form N-648 in the new guidance, so legal advocates still need to review N-648s carefully for consistency when the client has more than one. In two places, the new guidance states that “in general, USCIS should accept the medical professional’s diagnosis” (Part F, Section 4 and Part G).

While the previous guidance emphasized that the regularly treating medical professional should complete Form N-648, this emphasis has been removed from the new guidance. In the past, if the form was completed by a different medical professional and lacked a sufficient explanation of why, this could be cause for credible doubt and lead to a denial.

Telehealth examinationIn Part E, the new policy guidance states that USCIS may accept a Form N-648 certified by a licensed medical professional who completed a telehealth exam. The medical professional must adhere to their state telehealth laws and requirements.

Increased transparency and communication with the applicantThe new guidance appears to improve transparency and communication with the applicant regarding the sufficiency of Form N-648. For example, if an applicant submits more than one N-648 and there are significant discrepancies between the documents, “the officer must provide the applicant with an opportunity to explain discrepancies” (Part B, Section 2). Later, it states again, “The officer must provide the applicant an opportunity to address any specific discrepancies or inconsistencies during the interview” (Part 4, Section F). If the form is insufficient, “The officer must explain why they found the form insufficient in the applicant’s preferred language, using an interpreter if needed” (Part G, Section 2). This is stated again in Part H, Section 2: “The officer must explain the reasons for insufficiency in the applicant’s preferred language verbally during the interview, using an interpreter if needed.” Before requesting a supplemental Form N-648, the officer must seek supervisory approval and “Explain to the applicant, through an RFE, the reasons for doubting the veracity of the information on the original Form N-648.” (Part F, Section 4).

Additional information can be found in November 2022 guidance.

If you have any questions, please email us to ask questions or to schedule a consultation.
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USCIS Clarifies Physical Presence Guidance for Asylees and Refugees Applying for Adjustment of Status

2/2/2023

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Effective immediately, U.S. Citizenship and Immigration Services (USCIS) has updated guidance in the USCIS Policy Manual to clarify that both asylees and refugees must have been physically present in the United States for one year when USCIS adjudicates their Form I-485, Application to Register Permanent Residence or Adjust Status, rather than at the time they file their adjustment of status application. This applies to all Form I-485 and Form N-400, Application for Naturalization, applications pending on Feb. 2, 2023, and those filed on or after that date.
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This update will promote consistency across asylee and refugee adjustment of status applications. If we cannot determine whether an applicant satisfies the one-year physical presence requirement by reviewing their file or our records when we adjudicate their Form I-485, we may request additional evidence.
This policy manual update also:
  • Clarifies that asylee and refugee adjustment of status applicants previously admitted in J-1 or J-2 nonimmigrant status and otherwise subject to the two-year foreign residence requirement under Immigration and Nationality Act (INA) 212(e) do not need to meet that two-year requirement (or obtain a waiver) to adjust their status under INA 209; and
  • Makes minor technical updates, including clarifying processing steps for refugees seeking waivers of inadmissibility, removing references to the obsolete Form I-291, Decision on Application for Status as Permanent Resident, and adding regulatory citations related to asylum termination procedures.
​Policy Manual.

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If You File N-400 Naturalization Application After December 12 2023 Get 24 Months Green Card Extension

12/9/2022

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​Effective Dec. 12, 2022, U.S. Citizenship and Immigration Services (USCIS) is updating the USCIS Policy Manual to allow USCIS to automatically extend the validity of Permanent Resident Cards (commonly called Green Cards) for lawful permanent residents who have applied for naturalization for two years.
This update is expected to help naturalization applicants who experience longer processing times, because they will receive an extension of lawful permanent resident (LPR) status and may not need to file Form I-90, Application to Replace Permanent Resident Card (Green Card). LPRs who properly file Form N-400, Application for Naturalization, may receive this extension without regard to whether they filed Form I-90. USCIS will update the language on Form N-400 receipt notices to extend Green Cards for up to 24 months for these applicants. The receipt notice can be presented with the expired Green Card as evidence of continued status as well as identity and employment authorization under List A of Employment Eligibility Verification (Form I-9), if presented before the expiration of the 24-month extension period provided in the notice.

Prior to this change, under USCIS policy, naturalization applicants who did not apply for naturalization at least six months before their Green Card expiration date needed to file Form I-90, Application to Replace Permanent Resident Card (Green Card), to maintain proper documentation of their lawful status. Applicants who applied for naturalization at least six months prior to their Green Card expiration were eligible to receive an Alien Documentation, Identification, and Telecommunications (ADIT) stamp in their passport, which served as temporary evidence of their LPR status. This policy was based on the processing goal of 180 days or six months for Form N-400s, which would make filing Form I-90 unnecessary for applicants who filed at least six months before their Green Card expiration date. This policy update recognizes USCIS’ current processing times, while improving flexibility and efficiency by reducing the number of ADIT stamp appointments in field offices and the number of Form I-90s filed, which allows for these resources to be focused on other immigration benefit adjudications.
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The extension will apply to all applicants who file Form N-400 on or after Dec. 12, 2022. LPRs who filed for naturalization prior to Dec. 12 will not receive a Form N-400 receipt notice with the extension. If their Green Card expires, they generally must still file Form I-90 or receive an ADIT stamp in their passport, in order to maintain valid evidence of their lawful permanent resident status. Lawful permanent residents who lose their Green Card generally must still file Form I-90, even if they have applied for naturalization and received the automatic extension under this updated policy. This is because noncitizens must carry within their personal possession proof of registration, such as the Green Card and any evidence of extensions or may be subject to criminal prosecution under INA 264(e). Applicants who require an ADIT stamp may request an appointment at a USCIS Field Office by contacting the USCIS Contact Center.
Visit the Policy Manual Feedback page to comment on this update. For more information, visit our Replace Your Green Card page. 

Briefly in Russian:

Если вы подаете заявление на гражданство США через натурализацию, форму N-400 после 12 декабря 2023, то вам выдадут Receipt Notice, I-797, письмо продляющее вашу грин карту на два года (24 месяца) с момента истечение.

Если вы подали 400 до 12 декабря 2023, и ваша грин карта уже истекла или скоро истекает, но вы еще не получили гражданство, вам нужно будет подать заявление на новую грин карту I-90 и заплатить госпошлину.
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COVID-19 Flexibilities USCIS 60 Days Extension To January 24 2023

10/26/2022

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U.S. Citizenship and Immigration Services is extending certain COVID-19-related flexibilities through Jan. 24, 2023, to assist applicants, petitioners, and requestors. Under these flexibilities, USCIS considers a response received within 60 calendar days after the due date set forth in the following requests or notices before taking any action, if the request or notice was issued between March 1, 2020, and Jan. 24, 2023, inclusive:
  • Requests for Evidence;
  • Continuations to Request Evidence (N-14);
  • Notices of Intent to Deny;
  • Notices of Intent to Revoke;
  • Notices of Intent to Rescind;
  • Notices of Intent to Terminate regional centers;
  • Notices of Intent to Withdraw Temporary Protected Status; and
  • Motions to Reopen an N-400 Pursuant to 8 CFR 335.5, Receipt of Derogatory Information After Grant.
In addition, USCIS will consider a Form I-290B, Notice of Appeal or Motion, or a Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings (Under Section 336 of the INA), if:
  • The form was filed up to 90 calendar days from the issuance of a decision we made; and
  • We made that decision between Nov. 1, 2021, and Jan. 24, 2023, inclusive.
As a reminder, the reproduced signature flexibility announced in March 2020 became permanent policy on July 25, 2022.

Please visit uscis.gov/coronavirus for USCIS updates.

Briefly in Russian:

USCIS еще раз предоставляет отсрочку на 60 дней для ответа на запросы от USCIS и подачу некоторых аппеляций. Срок действия очередной отсрочки продлен до 24 января 2023.

Ответ на запрос от USCIS будут считаться полученным вовремя, если ответ получен не позднее 60 дней с момента истечения срока для ответа (например, срок для ответа 30 дней, значит у вас есть 90 дней).
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Denials of Green Card and Citizenship N-400 for Using Marijuana or Work Related to Marijuana

8/8/2022

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Using marijuana for any reason, even without a conviction, can result in denial of your green card application, either through adjustment of status in the United States (I-485) or through consular processing abroad.

Using marijuana can result in being considered inadmissible - could be under both health related and criminal related grounds

In recent years, USCIS denied applications for naturalization or citizenship (N-400) to applicants who were using marijuana or even worked in marijuana-related industry, for example, in the states where marijuana was legalized. Currently, work related to marijuana is interpreted by USCIS very broadly, to include anything from growing, distribution to providing IT services.

Colorado officials are warning legal immigrants that working in the state’s marijuana industry could jeopardize their legal status, after two people said they were denied U.S. citizenship because of their jobs.

Although 10 states broadly allow its use and sale, federal law still bans marijuana and immigration authorities say they are bound to follow that prohibition when reviewing citizenship applications.

The use and sale of marijuana for adults is broadly permitted in 10 states. More than 30 states allow a variety of marijuana-based products for medical purposes.

Lawyers have warned immigrants of the risk that using state-permitted marijuana could do to their legal status for years and are expanding that message to include employment by marijuana businesses. 

Please note that in 2019 USCIS issued a bulletin (pdf) clarifying that marijuana use is a disqualifying factor in citizenship applications, regardless of whether it’s legal in your state.

Policy Highlights  Clarifies that violation of federal controlled substance law, including for marijuana, established by a conviction or admission, is generally a bar to establishing GMC for naturalization even where the conduct would not be a violation of state law.  An applicant who is involved in certain marijuana related activities may lack GMC if found to have violated federal law, even if such activity is not unlawful under applicable state or foreign laws. Citation Volume 12: Citizenship and Naturalization, Part F, Good Moral Character, Chapter 5, Conditional Bars for Acts in Statutory Period [12 USCIS-PM F.5]

​Read here. 

To schedule a consultation with immigration attorney, please email.

Briefly in Russian:

Проблемы с получением грин карты и гражданства США при употреблении марихуаны, даже в штатах где она легализована. А также для тех, кто работает в сфере марихуаны, даже в тех штатах где это легально, и даже в тех случаях, когда работа не включает в себя разведение и распространение марихуаны. Перед подачей любого иммиграционного заявления, проконсультируйтесь с адвокатом.

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USCIS Allows Additional 60 Days to Respond to RFE, NOID, Appeal, Motion Until October 23, 2022

7/25/2022

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USCIS is extending again certain COVID-19-related flexibilities through October 23, 2022, to assist applicants, petitioners, and requestors.

Under these flexibilities, USCIS considers a response received within 60 calendar days after the due date set forth in the following requests or notices before taking any action, if the request or notice was issued between March 1, 2020, and Oct. 23, 2022, inclusive:
  • Requests for Evidence;
  • Continuations to Request Evidence (N-14);
  • Notices of Intent to Deny;
  • Notices of Intent to Revoke;
  • Notices of Intent to Rescind;
  • Notices of Intent to Terminate regional centers;
  • Notices of Intent to Withdraw Temporary Protected Status; and
  • Motions to Reopen an N-400 Pursuant to 8 CFR 335.5, Receipt of Derogatory Information After Grant.
In addition, USCIS will consider a Form I-290B, Notice of Appeal or Motion, or a Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings (Under Section 336 of the INA), if:
  • The form was filed up to 90 calendar days from the issuance of a decision; and
  • USCIS made that decision between Nov. 1, 2021, and Oct. 23, 2022, inclusive.
In an effort to take the lessons learned from our pandemic posture, USCIS has been evaluating which flexibilities can and should be extended permanently. As a result of this evaluation, the reproduced signature flexibility announced in March, 2020, will become permanent policy on July 25, 2022.

Briefly in Russian:

​​Еще раз был продлен период для ответа на запросы от иммиграционной службы, а также на подачу апеляций и жалоб в USCIS. Этот период продлен еше раз по 22 октября 2022. USCIS не будет принимать решения по вашему делу до тех пор пока не получа ваш ответ или не пройдет 60 дней ПОСЛЕ истечения официального срока для ответа.

​COVID-19 USCIS Updates.



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Good Moral Character Requirement for N-400, I-360 VAWA

12/9/2021

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Conditional or permanent bars to GMC good moral character can result in the denial of your application for Naturalization, N-400, and also other applications for immigration benefits.

For example, a VAWA self-petitioner or applicant for naturalization (citizenship) will generally fail to establish that they possess good moral character if they were engaged or continue to be engaged in prostitution or gave false testimony. It can also bar a person from adjusting their status to the status of a lawful permanent resident in the United States.

Prostitution.

An applicant may not establish GMC if he or she has engaged in prostitution, procured or attempted to procure or to import prostitutes or persons for the purpose of prostitution, or received proceeds from prostitution during the statutory period.[39] The Board of Immigration Appeals (BIA) has held that to “engage in” prostitution, one must have engaged in a regular pattern of behavior or conduct.[40] The BIA has also determined that a single act of soliciting prostitution on one’s own behalf is not the same as procurement.[41]

Another ground is False Testimony: 

An applicant who gives false testimony to obtain any immigration benefit during the statutory period cannot establish GMC.[33] 
False testimony occurs when the applicant deliberately intends to deceive the U.S. Government while under oath in order to obtain an immigration benefit. This holds true regardless of whether the information provided in the false testimony would have impacted the applicant’s eligibility. The statute does not require that the benefit be obtained, only that the false testimony is given in an attempt to obtain the benefit.[34]

While the most common occurrence of false testimony is failure to disclose a criminal or other adverse record, false testimony can occur in other areas. False testimony may include, but is not limited to, facts about lawful admission, absences, residence, marital status or infidelity, employment, organizational membership, or tax filing information. 

​Good Moral Character requirement for Naturalization. 

There are many other conditional bars to good moral character listed in the USCIS Manual.

Permanent bars to good moral character are listed in the USCIS Manual here.

If in doubt, you should consult an immigration attorney, and have your case evaluated before applying for any immigration benefits.

In Russian:

Для многих иммиграционных заявлений требуется доказательство того, что заявитель не является аморальным человеком. В законе есть перечень условных оснований для отказа в заявлении и постоянных оснований для отказе в заявлении, на том основании, что человек считается "аморальным" (или у него/нее отсутствует "good moral character"). 

Например, проституция, дача ложных показаний и другие основания могут привести к отказу.

Если вы сомневаетесь, касается ли это вашей ситуации, проконсультируйтесь конфиденциально с адвокатом по вашему делу перед тем как подавать заявления в USCIS, а иногда и до того как начинать подготовку по делу, чтобы реально оценить ваши шансы и не терять время и ресурсы.


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On March 1, 2021 USCIS Reverts Back to 2008 Naturalization Test

2/22/2021

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Naturalization test changes again: on March 1, 2021, USCIS will revert back to the old 2008 test and abandon December 2020 version of the citizenship test. It will make it easier for many applicants!

U.S. Citizenship and Immigration Services announced today it is reverting to the 2008 version of the naturalization civics test beginning March 1, 2021.

On Dec. 1, 2020, USCIS implemented a revised naturalization civics test (2020 civics test) as part of a decennial test review and update process. USCIS determined the 2020 civics test development process, content, testing procedures, and implementation schedule may inadvertently create potential barriers to the naturalization process. This action is consistent with the framework of the Executive Order on Restoring Faith in Our Legal Immigration Systems, which directs a comprehensive review of the naturalization process to eliminate barriers and make the process more accessible to all eligible individuals.

The 2008 civics test was thoroughly developed over a multi-year period with the input of more than 150 organizations, which included English as a second language experts, educators, and historians, and was piloted before its implementation. USCIS aspires to make the process as accessible as possible as directed by President Biden’s request to review the process thoroughly.

The civics test is administered to applicants who apply for U.S. citizenship through naturalization and is one of the statutory requirements for naturalizing. Applicants must demonstrate a knowledge and understanding of the fundamentals of the history, principles, and form of government of the United States. The decision to naturalize demonstrates an investment in and commitment to this country. USCIS is committed to administering a test that is an instrument of civic learning and fosters civic integration as part of the test preparation process.

Applicants who filed their application for naturalization on or after Dec. 1, 2020, and before March 1, 2021, likely have been studying for the 2020 test; therefore, USCIS will give these applicants the option to take either the 2020 civics test or the 2008 civics test. There will be a transition period where both tests are being offered. The 2020 test will be phased out on April 19, 2021, for initial test takers. Applicants filing on or after March 1, 2021, will take the 2008 civics test.

The test items and study guides can be found on the Citizenship Resource Center on the USCIS website. USCIS has also updated the Policy Manual accordingly; see Volume 12, Part E, English and Civics Testing and Exceptions, Chapter 2, English and Civics Testing.

https://www.uscis.gov/citizenship/learn-about-citizenship/the-naturalization-interview-and-test

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USCIS Starts Issuing Redesigned Certificates of Citizenship and Naturalization

6/4/2018

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On June 4, 2018, USCIS began issuing redesigned Certificates of Citizenship and Naturalization. The redesign of these eight certificates is one of the many ways USCIS is working to combat fraud and safeguard the legal immigration system. 

USCIS piloted the new certificate design at the Norfolk, Tampa, Minneapolis-St. Paul, and Sacramento Field Offices, as well as at the Nebraska Service Center.
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The Certificates of Naturalization are: 
  • N-550, issued to an individual who obtains U.S. citizenship through the naturalization process; 
  • N-578, issued to a naturalized U.S. citizen to obtain recognition as a United States citizen by a foreign state; and 
  • N-570, issued when the original Certificate of Naturalization is lost, mutilated, or contains errors.
A Certificate of Citizenship is issued to an individual who obtains U.S. citizenship other than through birth in the United States or through naturalization. The various types of Certificates of Citizenship are: 
  • N-560A, issued to an applicant who derived citizenship after birth; 
  • N-560AB, issued to an applicant who acquired citizenship at birth; 
  • N-645 and N-645A, issued to the family of an individual who served honorably in the U.S. armed forces during a designated period of hostility and died as a result of injury or disease incurred in or aggravated by that service. Form N-645 is issued if the decedent was a male, and the N-645A if the decedent was a female. 
  • Form N-561, issued to replace a Certificate of Citizenship when the original certificate is lost, mutilated, or contains errors.
The redesigned certificates of citizenship and naturalization feature a large, central image against a complex patterned background, which helps deter the alteration of personal data. Each certificate possesses a unique image only visible under ultraviolet light and attempts to alter it will be evident. Posthumous Certificates of Naturalization and the Special Certificate of Citizenship each bear a different image, yet feature the same fraud-deterrent security features.
Although the look and feel of the documents is new, the process of applying for and receiving them has not changed. Individuals do not need to renew their Certificates of Naturalization or Citizenship, regardless of when they were issued. The certificates we issued before the redesign will continue to be accepted as proof of citizenship. 


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USCIS Started Accepting Credit Card Payments for Many Applications

2/15/2018

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​On February 14, 2018, USCIS announced that it will now accept credit card payments for filing most of its applications, including I-130, I-129F, I-485, I-765, I-131, I-601, I-90, N-400, N-600, etc.

Currently, credit card payment option is available for the 41 fee-based forms processed at USCIS Lockbox facilities. To pay by Visa, MasterCard, American Express or Discover, applicants will need to use USCIS Form G-1450. 


USCIS will enter credit card data into the Pay.gov system, operated by the U.S. Department of the Treasury, and will then destroy the Form G-1450 to protect the credit card information.

Applicants for naturalization, N-400, and applicants renewing or replacing their Green Cards, I-90, can already use a credit card if they file online at uscis.gov.
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Difference Between Certificate of Naturalization v. Certificate of Citizenship

6/2/2017

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PictureSample Certificate of Citizenship
Matter of FALODUN, 27 I&N Dec. 52 (BIA 2017).

There is a big difference between Certificate of Citizenship and Certificate of Naturalization. Both of them serve as evidence of U.S. citizenship status. However, unlike Certificate of Naturalization, Certificate of Citizenship does not confer United States citizenship but merely provides evidence that the applicant previously obtained citizenship status (derived through a parent).

When a person has a Certificate of Naturalization, it means that they applied for U.S. citizenship, passed the test and all background clearances, and their application was approved, and U.S. citizenship was granted.

​When a person has a Certificate of Citizenship, it means that they applied for a document as evidence of their U.S. citizen status. When USCIS approves the application for Certificate of Citizenship, the USCIS merely verifies the records and issues a document, as a proof of the U.S. citizenship status. The applicant doesn't apply for citizenship and doesn't take the test. The applicant applies for a proof or evidence of his or her citizenship. 


On June 2nd 2017, the BIA held that institution of judicial proceedings to revoke naturalization are not required to cancel a certificate of citizenship, which the Department of Homeland Security can cancel administratively upon a determination that an applicant is not entitled to the claimed citizenship status.

BIA held: "A certificate of citizenship only provides documentation of United States citizenship for persons who claim to have obtained that status derivatively. See 8 C.F.R. §§ 341.1, 341.2(c) (2016). It does not confer United States citizenship but only furnishes recognition and evidence that the applicant has previously obtained such status derivatively, that is, upon the naturalization of a parent or parents. See Section 341(a) of the Act. Thus, the issuance of a certificate of citizenship, like a United States passport, only serves as indicia of citizenship. It is not a grant of United States citizenship
. Because the respondent’s United States citizenship claim was based on fraud, his Certificate of Citizenship is void." 

Facts: The respondent is a native and citizen of Nigeria who was born in Benin City, Nigeria, on June 30, 1981. He obtained lawful permanent resident status in 1996 as the stepchild of a United States citizen who was married to the respondent’s alleged adoptive father. The respondent’s claim to United States citizenship derives from the naturalization of his putative custodial adoptive father in 1995. On February 17, 1998, the respondent was issued a Certificate of Citizenship (Form N-560).

In removal proceedings, evidence of foreign birth gives rise to a rebuttable presumption of alienage, shifting the burden to the respondent to come forward with evidence to substantiate his citizenship claim. Matter of Rodriguez-Tejedor, 23 I&N Dec. 153, 164 (BIA 2001) (citing Matter of Leyva, 16 I&N Dec. 118, 119 (BIA 1977)); Matter of Tijerina-Villarreal, 13 I&N Dec. 327, 330 (BIA 1969).

Assessing the respondent’s claim to citizenship, the Immigration Judge noted that the evidence of record raises serious questions whether the respondent has ever qualified as a United States citizen. Specifically, the record includes an August 20, 2002, notice of intent to cancel the respondent’s Certificate of Citizenship (“NOIC”) issued by the former Immigration and Naturalization Service (“INS”), alleging that the certificate had been obtained by fraud.

The NOIC was based on information obtained in connection with a Federal criminal investigation. This investigation revealed that the respondent’s putative adoptive father was actually his biological brother. Although the respondent claimed that his biological father had died in 1983, records indicated that, as of 2002, he was alive and living in Nigeria. The NOIC further alleged that the respondent submitted a fraudulent adoption certificate. In his October 23, 2002, response to the NOIC, the respondent presented a letter from an attorney specifically denying each of the allegations in the NOIC. He also submitted a purported death certificate for the person the respondent alleged was his biological father. The death certificate was issued more than 8 months after this individual’s death and just days before the respondent’s response to the NOIC was due.

In a decision dated April 21, 2003, the District Director concluded that the evidence the respondent provided in response to the NOIC was insufficient to overcome the evidence supporting the cancellation of the Certificate of Citizenship. He determined that the Nigerian adoption decree submitted on the respondent’s behalf was fraudulent and that he did not derive United States citizenship through his biological brother under former section 321(a)(2) of the Immigration and Nationality Act, 8 U.S.C. § 1432(a)(2) (1996), which was in effect when the respondent turned 18 years old. The District Director therefore cancelled the respondent’s Certificate of Citizenship after concluding that it had been obtained by fraud. On March 29, 2004, the Administrative Appeals Office (“AAO”) dismissed the respondent’s appeal from the District Director’s decision
 
The respondent does not claim United States citizenship through naturalization. Instead, he was issued his Certificate of Citizenship under section 341 of the Act, 8 U.S.C. § 1452 (1996), based on his claim of derivative citizenship through the naturalization of his brother, who the respondent fraudulently claimed was his adoptive father.

To read the decision, click here.


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Changes to Naturalization Application, USCIS N-400

9/22/2016

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​USCIS published two important updates to filing Form N-400, Application for Naturalization (aka Application for U.S. citizenship), now that it is processed electronically.

All applicants (except those who reside overseas):

  • No longer need to submit two passport-style photographs. We will capture their photographs when they appear at the Application Support Center (ASC) for their biometrics appointment.
  • Will be scheduled for a biometric service appointment at a local ASC for collection of their fingerprints, photographs and signature, regardless of their age.
USCIS used to waive the fingerprint requirement for applicants 75 years or older, which meant they were not required to appear at an ASC. However, now that this form is processed electronically, those applicants do need to appear at an ASC. Our improved technology means we can capture fingerprints for applicants of all ages. This enhances our ability to confirm their identity and perform required background checks.  Applicants aged 75 and older do not have to pay the biometrics fee.
All domestic USCIS facilities are accessible to individuals with disabilities. However, USCIS can make special arrangements to accommodate the needs of the elderly and applicants with disabilities, who are homebound or hospitalized.  This is known as homebound processing. Applicants who need to request an accommodation for their appointment can submit a service request online or call the National Customer Service Center (NCSC) at any time at 800-375-5283 (TDD: 800-767-1833).  

Please note: At this time, you cannot submit Form N-400 applications online.
​
Beginning April 13, 2016, applicants who submit the revised Form N-400, Application for Naturalization (dated March 26, 2016) may be invited to create a USCIS online account to track and manage their case online depending on how their form is processed. If you submit the revised Form N-400, you may receive a USCIS Account Acceptance Notice in the mail with instructions on how to create a USCIS online account.  USCIS will continue processing your application even if you choose not to access your online account.  USCIS also will continue to send you copies of notifications about your case by mail through the U.S. Postal Service.

Briefly in Russian: вкратце по-русски.

Произведены два важных изменения при подаче заявления на натурализацию (гражданство) США, форма N-400.

(1) вам не нужно подавать паспортные фото с вашим заявлением,
и
(2) вне зависимости от возраста, вас пригласят на отпечатки пальцев, фото и образец подписи.

Ранее лица старше 75 были освобождены от требования отпечатков пальцев. На сегодняшний день лица любого возраста будут приглашены на отпечатки пальцев, но лица старше 75 освобождены от уплаты 85 долларов за отпечатки.

Новая форма N-400 пока подается по почте, но рассматривается электронно. USCIS пришлет вам приглашение создать свой аккаунт онлайн.
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