IFS Naturalization & Citizenship 3 — Questions and Answers
Question 1: Under the Child Citizenship Act of 2000, a foreign-born child automatically acquires U.S. citizenship when which conditions are simultaneously met?
- At least one parent is a U.S. citizen, the child is an LPR, and the child is residing in the U.S. in the legal and physical custody of the citizen parent (Correct answer)
- Both parents are U.S. citizens and the child enters the U.S. on any visa
- The child is under 21, has one U.S. citizen parent, and was born in wedlock
- The child files Form N-600K and USCIS approves it
Correct answer: At least one parent is a U.S. citizen, the child is an LPR, and the child is residing in the U.S. in the legal and physical custody of the citizen parent
Under INA § 320, automatic acquisition requires: (1) at least one U.S. citizen parent, (2) the child is an LPR under 18, and (3) the child resides in the U.S. in the legal and physical custody of the citizen parent.
Question 2: What is the purpose of Form N-14 in the naturalization process?
- USCIS uses it to request additional documentation or information from the applicant after filing N-400 (Correct answer)
- The applicant uses it to request a waiver of the English language test
- It is the biometrics appointment notice sent to the applicant
- It notifies the applicant of a scheduled naturalization interview
Correct answer: USCIS uses it to request additional documentation or information from the applicant after filing N-400
Form N-14 is issued by USCIS to request additional evidence or documents needed to adjudicate the N-400 application.
Question 3: Which of the following mental incapacity situations may excuse an applicant from the naturalization civics and English language tests?
- A medically certified developmental or physical disability that makes compliance impractical, supported by Form N-648 (Correct answer)
- Any self-reported mental health condition submitted with a personal declaration
- A physician's letter without an official USCIS form
- Disability that arose after the naturalization interview
Correct answer: A medically certified developmental or physical disability that makes compliance impractical, supported by Form N-648
Form N-648 (Medical Certification for Disability Exceptions), completed by a licensed medical professional, is the required mechanism to request waiver of the civics and English tests.
Question 4: An applicant was found to have willfully misrepresented a material fact on Form N-400. Which outcome is most likely?
- Denial of the application and potential removal proceedings for fraud under INA § 237(a)(3)(D) (Correct answer)
- Approval with a warning letter from USCIS
- Referral to a supervisory officer for discretionary waiver
- Automatic appeal to the Administrative Appeals Office
Correct answer: Denial of the application and potential removal proceedings for fraud under INA § 237(a)(3)(D)
Willful misrepresentation of a material fact on a naturalization application can result in denial and, if citizenship was already granted, denaturalization proceedings, along with potential removal.
Question 5: For naturalization purposes, the 'good moral character' requirement generally covers which time period?
- The statutory period (5 years or 3 years) before filing, though USCIS may look beyond that period (Correct answer)
- Only the 12 months immediately before the N-400 filing date
- The entire period since the applicant entered the United States
- 5 years after the applicant becomes an LPR, regardless of filing date
Correct answer: The statutory period (5 years or 3 years) before filing, though USCIS may look beyond that period
USCIS evaluates good moral character during the statutory period but retains authority to consider conduct outside that period that reflects on the applicant's character.
Question 6: An applicant was convicted of an aggravated felony after November 29, 1990. What is the effect on naturalization eligibility?
- The applicant is permanently barred from establishing good moral character and thus from naturalization (Correct answer)
- The applicant may still naturalize after a 10-year waiting period
- The conviction can be waived by filing Form I-601
- It only affects naturalization if the sentence was more than 5 years
Correct answer: The applicant is permanently barred from establishing good moral character and thus from naturalization
Under INA § 101(f)(8), a person convicted of an aggravated felony on or after November 29, 1990, is permanently unable to establish good moral character, which bars naturalization.
Question 7: What happens if an applicant fails the English or civics test at the initial naturalization interview?
- The applicant is scheduled for one reexamination within 60-90 days and fails if unsuccessful a second time (Correct answer)
- The application is immediately denied with no right to retest
- The applicant must refile Form N-400 and pay fees again
- USCIS grants a 6-month extension automatically and retests at a third interview
Correct answer: The applicant is scheduled for one reexamination within 60-90 days and fails if unsuccessful a second time
Under 8 CFR § 312.5, an applicant who fails the civics or English test at the initial interview is re-examined once within 60-90 days; failure at that reexamination results in denial.
IFS Naturalization & Citizenship 3
Under the Child Citizenship Act of 2000, a foreign-born child automatically acquires U.S. citizenship when which conditions are simultaneously met?