CIP Naturalization & Citizenship 2 — Questions and Answers
Question 1: Which of the following constitutes a permanent bar to naturalization under the Immigration and Nationality Act?
- Overstaying a nonimmigrant visa more than 5 years ago
- A conviction for an aggravated felony on or after November 29, 1990 (Correct answer)
- Receiving public assistance within the past 3 years
- Failing the English language test twice
Correct answer: A conviction for an aggravated felony on or after November 29, 1990
INA § 101(f)(8) permanently bars from establishing good moral character any person convicted of an aggravated felony on or after November 29, 1990, making naturalization unavailable.
Question 2: What is the legal effect of a lawful permanent resident's absence from the U.S. for more than 6 months but less than 1 year on the continuous residence requirement for naturalization?
- The 5-year clock automatically resets to zero
- A rebuttable presumption arises that continuous residence has been broken (Correct answer)
- The absence has no effect on continuous residence
- The LPR automatically abandons their permanent resident status
Correct answer: A rebuttable presumption arises that continuous residence has been broken
Under INA § 316(b), an absence of more than 6 months but less than 1 year creates a rebuttable presumption that continuous residence was interrupted, which the applicant may overcome with evidence.
Question 3: Which USCIS form may a lawful permanent resident file to preserve continuous residence for naturalization purposes when taking a qualifying extended absence for employment abroad?
- Form I-131
- Form N-400
- Form N-470 (Correct answer)
- Form I-407
Correct answer: Form N-470
Form N-470, Application to Preserve Residence for Naturalization Purposes, allows qualifying LPRs employed abroad by a U.S. company or the U.S. government to prevent their absence from breaking continuous residence.
Question 4: Under the Child Citizenship Act of 2000, a foreign-born child automatically acquires U.S. citizenship when which combination of conditions is met?
- The child is legally adopted and both adoptive parents are citizens
- At least one parent is a U.S. citizen, the child is an LPR, is under 18, and resides in the U.S. in the legal and physical custody of the citizen parent (Correct answer)
- The child passes the civics examination before age 16
- The child files Form N-600 and takes the Oath of Allegiance
Correct answer: At least one parent is a U.S. citizen, the child is an LPR, is under 18, and resides in the U.S. in the legal and physical custody of the citizen parent
INA § 320 provides automatic citizenship acquisition when a child under 18 who is a lawful permanent resident resides in the U.S. in the legal and physical custody of at least one U.S. citizen parent.
Question 5: A child is born abroad to two U.S. citizen parents. Under INA § 301(c), what is required for the child to acquire citizenship at birth?
- Both parents must have been physically present in the U.S. for at least 5 years before the birth
- At least one parent must have been physically present in the U.S. or its outlying possessions prior to the child's birth (Correct answer)
- The parents must register the birth at a U.S. consulate within 90 days
- The child must enter the U.S. on an immigrant visa within 2 years of birth
Correct answer: At least one parent must have been physically present in the U.S. or its outlying possessions prior to the child's birth
INA § 301(c) grants citizenship at birth to children born abroad of two U.S. citizen parents when at least one parent was previously physically present in the U.S. or an outlying possession.
Question 6: Under the '65/20' exception in naturalization, what special accommodation is provided?
- Applicants are exempt from both the English and civics requirements entirely
- Applicants may take the civics test in their native language using a reduced set of 20 designated questions (Correct answer)
- Applicants skip the in-person interview at a USCIS field office
- Applicants receive expedited processing within 30 days of filing
Correct answer: Applicants may take the civics test in their native language using a reduced set of 20 designated questions
Under INA § 312(b)(2), applicants 65 or older who have been LPRs for at least 20 years may take the civics test in their native language and are tested only on a special list of 20 designated civics questions.
Question 7: What is Form N-600 used for in the naturalization and citizenship context?
- Applying for naturalization as an LPR
- Requesting a hearing after a naturalization denial
- Applying for a Certificate of Citizenship for persons who acquired or derived citizenship automatically (Correct answer)
- Applying for a replacement Certificate of Naturalization
Correct answer: Applying for a Certificate of Citizenship for persons who acquired or derived citizenship automatically
Form N-600, Application for Certificate of Citizenship, is filed by persons (or their parents on their behalf) who already acquired or derived U.S. citizenship automatically and need documentation confirming that status.
CIP Naturalization & Citizenship 2
Which of the following constitutes a permanent bar to naturalization under the Immigration and Nationality Act?