IFS Naturalization & Citizenship 5 — Questions and Answers
Question 1: Under 8 CFR § 316.5, which of the following establishes a new residence for continuous residence purposes, potentially disrupting the statutory period?
- An absence of more than 6 months but less than 1 year that indicates abandonment (Correct answer)
- A trip abroad of exactly 30 days
- A domestic relocation from one state to another
- Filing a federal tax return from abroad
Correct answer: An absence of more than 6 months but less than 1 year that indicates abandonment
An absence of more than 6 months but less than 1 year may disrupt continuous residence if other evidence indicates the applicant abandoned their U.S. residence.
Question 2: An applicant for naturalization who is 65 years old and has been an LPR for 20 years may qualify for which special testing accommodation?
- The '65/20 exemption' — civics test in their native language with reduced question set (6 of 10 from a special list) (Correct answer)
- A complete waiver of all language and civics requirements
- The standard English test with no civics requirement
- An extended 30-day period to study before the interview
Correct answer: The '65/20 exemption' — civics test in their native language with reduced question set (6 of 10 from a special list)
Applicants who are 65+ and have been LPRs for at least 20 years may take the civics test in their native language using a special reduced list of 20 questions, answering 6 of 10 correctly.
Question 3: What is the INA provision under which spouses of U.S. citizens employed abroad by qualifying organizations may naturalize without meeting continuous U.S. residence requirements?
- INA § 319(b) (Correct answer)
- INA § 316(b)
- INA § 328(a)
- INA § 329(a)
Correct answer: INA § 319(b)
INA § 319(b) allows spouses of U.S. citizens employed abroad by qualifying U.S. organizations (e.g., U.S. government, recognized international organizations) to naturalize without the standard residence requirement.
Question 4: A naturalization applicant owes back child support under a court order. How does this affect the good moral character determination?
- Willful failure to support dependents is a statutory ground for a finding of lack of good moral character under INA § 101(f)(3) (Correct answer)
- Child support arrears are irrelevant to immigration proceedings unless a criminal conviction resulted
- USCIS only considers child support if it exceeds $10,000 in arrears
- The applicant may cure the issue by enrolling in a payment plan before the interview
Correct answer: Willful failure to support dependents is a statutory ground for a finding of lack of good moral character under INA § 101(f)(3)
INA § 101(f)(3) provides that willful failure or refusal to support dependents is a ground for a finding of lack of good moral character, which can bar naturalization.
Question 5: What is the effect of filing Form N-400 90 days before the end of the statutory period, even though the period has not yet elapsed?
- USCIS permits filing up to 90 days early, and the full statutory period must be complete by the date of the naturalization interview (Correct answer)
- The application will be rejected for premature filing
- The statutory period resets from the early filing date
- Filing early grants 90 extra days of physical presence credit
Correct answer: USCIS permits filing up to 90 days early, and the full statutory period must be complete by the date of the naturalization interview
Under 8 CFR § 334.2(b), applicants may file N-400 up to 90 days before the end of the 5-year (or 3-year) period, but must complete the full requirement by the time of the examination.
Question 6: Which agency administers denaturalization proceedings for fraud or willful misrepresentation in the naturalization process?
- The U.S. Department of Justice through civil proceedings in federal district court (Correct answer)
- USCIS through an administrative revocation order
- The Department of State by revoking the passport
- The Executive Office for Immigration Review (immigration court)
Correct answer: The U.S. Department of Justice through civil proceedings in federal district court
Denaturalization is a civil judicial proceeding brought by the Department of Justice in federal district court under INA § 340; USCIS does not have unilateral administrative authority to revoke citizenship.
Question 7: An applicant's N-400 is denied by USCIS. What is the applicant's first available administrative remedy?
- File a request for a hearing before an immigration officer under INA § 336 within 30 days of the denial (Correct answer)
- File a direct appeal to the BIA within 30 days
- Refile a new N-400 with additional evidence
- File a petition for review in the U.S. Court of Appeals
Correct answer: File a request for a hearing before an immigration officer under INA § 336 within 30 days of the denial
Under INA § 336(a) and 8 CFR § 336.2, an applicant denied naturalization may request a hearing before an immigration officer within 30 days of the denial notice.
IFS Naturalization & Citizenship 5
Under 8 CFR § 316.5, which of the following establishes a new residence for continuous residence purposes, potentially disrupting the statutory period?