Immigrants versed on legal requirements for citizenship

Sandra Baltazar MartÍnez | The New Mexican
Posted: Sunday, February 19, 2012 - 2/20/12

Luis Guzmán wants to be able to vote. That's his primary motivation in studying to become a naturalized United States citizen.

During a two-hour informational session Wednesday night offered by a United States Citizenship and Immigration Services officer at Santa Fe Community College, Guzmán took notes on this federal agency's requirements for becoming a citizen. He's just about ready, he said.

"I just need to improve my English," Guzmán said. "I've been going to English classes for two years and I plan to stick with them."

Nearly 60 legal permanent residents such as Guzmán, English language tutors, Santa Fe Public Schools officials and other community members attended the session sponsored by Literacy Volunteers of Santa Fe.

About half of the session participants -- who seemed to come from countries all over the globe -- raised their hands when Jackie Puccetti, an immigration services officer with USCIS in Albuquerque, asked who was considering citizenship.

Close to 150 people are sworn as new citizens each month in New Mexico, Puccetti said. In New Mexico and across the country, the majority of new citizens are natives of Mexico.

According to USCIS data, each year about 680,000 people become naturalized citizens. USCIS' online record show that in 2010 (the most recent data available) more than 495,000 residents became naturalized citizens -- lower than in 2008 when over one million people took the oath of allegiance to the U.S.

In 2009 (the most recent data available), the countries of origin of most new citizens in order were Mexico, India, Philippines, China and Vietnam.

Guzmán, a commercial building maintenance worker, became a legal permanent resident or "green card" holder in 1986 when former President Ronald Reagan opened an amnesty. So Guzmán has more than met the minimum five year requirement as a legal permanent resident that USCIS requires before applying for citizenship. While he studies, he'll also be saving for the $680 application fee. It includes fingerprinting and a total of two attempts at passing the civics and U.S. history exam, as well as a written and verbal test administered the day of the USCIS interview.

If the person passes the exams, then he or she is invited to a citizenship ceremony. The whole process -- assuming the resident passes all the background checks as well as the tests on the first try -- can lead to becoming a U.S. citizen within four or five months.

Antonio Gonzales, parent liaison at Ramirez Thomas Elementary, said he attended the information session because of the 455 students at the school, about 85 percent of them have immigrant parents; and of those parents, at least 60 percent of them are working on obtaining either their legal permanent card or their citizenship.

"We are offering English classes and want to offer citizenship classes as well," Gonzales said. "With the economy being the way it is, we want to help them study before they pay $680."



Q&A

Q: What process do immigrants need to follow in order to become naturalized U.S. citizens?

A: First, an immigrant needs to become a legal permanent resident. The most common way of doing so is if someone within their immediate family (a legal permanent resident/U.S. citizen spouse or child) submits the petition. Other options are via an employer or a federal visa lottery, or if the person is a refugee or an asylum seeker.

All cases require a different amount of time (depending, among other things, on what country the immigrant is from). A U.S. citizen husband who petitions for his wife might be able to obtain her legal documentation in two years or less.

A U.S. citizen mother, on the other hand, who wants to petition for her underage, unmarried Mexican son today would likely have to wait decades. Currently the government is reviewing applications of U.S. citizen parents for their underage, unmarried children that were submitted before April 22, 1993.

If the U.S. citizen wants to submit a legal permanent resident application today for his brother who lives in the Philippines, the wait is even longer. The government is reviewing those applications that were submitted before Nov. 1, 1988.

The extensive waiting periods vary because the U.S. Department of State caps the number of green cards or visas it allocates to petitioners from different countries.

The complete bulletin can be found at Visa Bulletin For February 2012

Q: How long does a legal permanent resident have to have his/her card before qualifying for citizenship?

A: Five years, or three years if s/he obtained a green card via a U.S. citizen spouse.

Q: What are the eligibility requirements?

A: The general requirements are as follows:

Be at least 18 years of age

Be a lawful permanent resident (green card holder)

Have resided in the United States for at least five years

Have been physically present in the United States for at least 30 months

Be a person of good moral character

Be able to speak, read, write and understand the English language

Have knowledge of U.S. government and history

Be willing and able to take the Oath of Allegiance

Q: What does the citizenship interview consist of?

A: A USCIS officer will review the 10-page application with the petitioner and will ask about and review any criminal background information. The officer will also ask 10 questions from 100 U.S. civics and history facts the petitioner is asked to study from, and will be required to read one sentence and to write one sentence to prove the petitioner's English language skills.

Q: Can the U.S. citizenship interview be conducted in another language beside English?

A: Yes, there are some exceptions. USCIS is responsible for providing an interpreter, including for sign language, if the person needs one.

Applicants who are 65 years old or older and have been a legal permanent resident for 20 years; or are 55 years old and have been a legal permanent resident 15 years; or are 50 years old and have been a legal permanent resident for 20 years, all qualify to be interviewed and to take the exams in their native language.

Petitioners with certain mental illnesses, such as Alzheimer's disease, can be exempted from the exam.

Sources: Jackie Puccetti, an immigration services officer with USCIS in Albuquerque, and USCIS website.

Contact Sandra Baltazar Martínez at 986-3062 or smartinez@sfnewmexican.com

Immigrants versed on legal requirements for citizenship - The Santa Fe New Mexican