New Citizens come from 13 countries

Today Eduardo Aguirre, Director, U.S. Citizenship and Immigration Services (USCIS), administered the Oath of Allegiance to 20 new U.S. citizens, from 13 countries around the world, in an open-air ceremony on Angel Island in San Francisco Bay. The new citizens came from as far away as Sunnyvale and Petaluma, but most live in or close to San Francisco. Each year, USCIS welcomes more than 450,000 citizens during naturalization ceremonies across the United States. That number includes more than 8,000 service members who have naturalized thorough an expedited process stemming from their involvement in the war on terrorism.

“We stood on Ellis Island a month ago on Citizenship Day, and naturalized 104 new citizens,” said USCIS Director Eduardo Aguirre. “Since then, I’ve traveled to the Middle East to naturalize our nation’s soldiers. Today, the beautiful and historic setting of Angel Island, Ellis Island of the Pacific, completes a month of naturalization ceremonies in a most fitting and poignant way.” (Read the Director’s comments.)

The new citizens are originally from the following countries: Canada, Ecuador, France, Great Britain, India, Ireland, Israel, Japanese, Mexico, Nicaragua, the People’s Republic of China the Philippines and Suriname. Among them are four married couples. (Media should see the notice at the bottom of this document.)

U.S. citizenship is the essential goal and process that ties every American together. From beginning to end, U.S. Citizenship and Immigration Services (USCIS) is working to ensure that the naturalization and education process is meaningful to all citizens -- native born, naturalized and all immigrants who strive to become U.S. citizens. Throughout the entire process, USCIS promises to be there every step of the way. Over the past year, USCIS has launched a number of new initiatives to streamline USCIS customer service delivery such as Electronic Filing and online immigration case status check, Info Pass online appointment system, Backlog Elimination Plan, expediting naturalization for all adopted children, expediting military naturalizations for all active duty military personnel.

On October 30, 2000, the Child Citizenship Act of 2000 (CCA) was signed into law. The new law, Public Law 106-395, amended the Immigration and Nationality Act (INA) to permit foreign-born children –– including adopted children –– to acquire citizenship automatically if they meet certain requirements. It became effective on February 27, 2001.

Which Children Automatically Become Citizens Under the CCA?

Since February 27, 2001, certain foreign-born children of U.S. citizens –– including adopted children –– residing permanently in the United States acquired citizenship automatically. The term “child” is defined differently under immigration law for purposes of naturalization than for other immigration purposes, including adoption.

To be eligible, a child must meet the definition of “child” for naturalization purposes under immigration law, and must also meet the following requirements:

• The child has at least one United States citizen parent (by birth or naturalization);
  
  
• The child is under 18 years of age;
  
  
• The child is currently residing permanently in the United States in the legal and physical custody of the United States citizen parent;
  
  
• The child has been admitted to the United States as a lawful permanent resident or has been adjusted to this status;
  
  
• An adopted child must also meet the requirements applicable to the particular provision under which they qualified for admission as an adopted child under immigration law.

Children of U.S. Armed Forces personnel or U.S. Government employees temporarily stationed abroad will be considered to be “residing in the United States” for purposes of acquisition of citizenship under section 320 of the INA.

Acquiring citizenship automatically means citizenship is acquired by operation of law, without the need to apply for citizenship.

Which children qualify for automatic citizenship under the CCA?

Under the CCA, a child will automatically acquire U.S. citizenship on the date that all of the following requirements are satisfied:

• At least one adoptive parent is a U.S. citizen,
  
  
• The child is under 18 years of age,
  
  
• An adopted child meets the requirements applicable to adopted children under immigration law,
  
  
• The child is admitted to the United States as a permanent resident, or acquires this status through adjustment of status
  
  
• The child is residing permanently in the United States with the child’s citizen parent(s).

Must an application be filed with USCIS to establish a child’s citizenship?

No. If a child qualifies for citizenship under the Child Citizenship Act, the child’s citizenship status is no longer dependent on USCIS approving a naturalization application. The child’s parents may, however, file an application for a certificate of citizenship (Form N-643K) on the child’s behalf to obtain evidence of citizenship.

If a child satisfies the requirements listed above, he or she automatically acquires U.S. citizenship by operation of law either on the day of admission to the United States or on the day that the last condition for acquiring citizenship is satisfied. If a full and final adoption is completed abroad, and the child meets the requirements applicable to adopted children under the immigration law – for example, in an orphan case, both parents saw the child before or during the foreign adoption proceeding -- the child automatically becomes a citizen on the day he or she is admitted to the United States as an immigrant. If the orphan was adopted abroad, but at least one parent did not see the child before or during the foreign adoption proceeding, the child will become a citizen on the day the citizen parent(s) completes any procedure the State of residence may require to obtain recognition of the foreign adoption. If the orphan’s adoption is completed in the U.S., the child becomes a citizen when the citizen parent(s) obtain(s) a final adoption decree from the proper State court.

Will Eligible Children Automatically Receive Proof of Citizenship –– Such As Citizenship Certificates and Passports?

Adopted children admitted in the IR-3 category (alien orphan with a finalized adoption abroad), whom both parents saw before or during the foreign adoption proceeding) on or after January 1, 2004, will automatically receive a Certificate of Citizenship within 45 days of admission into the U.S. The IR-3 visa accounts for approximately seventy percent of children adopted by U.S. Citizens, and is for cases where adoptions are made final overseas.

This program eliminates the need for the issuance of a Permanent Resident Card for newly entering children, since these cards are not applicable to U.S. citizens. The program, announced in November 2003, is managed from the USCIS Buffalo, New York District Office.

This special program does not apply to alien child admitted as IR-2 (biological children or adopted children who immigrate under INA section 101(b)(1)(E) instead of (F) or IR-4 immigrants (orphans who will be adopted in the United States or who were adopted abroad, but without having been seen by both parents). The parents of these children may file a Form N-643K to obtain evidence of the child’s citizenship. They would file the Form N-643K with the USCIS district in which they live, not with the Buffalo district.

If parents desire a passport for their child, they should apply for one with the Department of State.

Will the certificate of citizenship reflect any change in an adopted child’s name?

If the adoption decree (whether acquired abroad or in the United States) legally changes an adopted child’s name, the certificate of citizenship will show the child’s new legal name. In some cases, the adoptive parents choose a new name for the adopted child, but are not able actually to change the child’s legal name. If the immigrant visa, adjustment application, or Form I-600 shows the alternative name, USCIS will issue the certificate of citizenship to show both the legal name and the alternative name, such as “LEGAL NAME aka ALTERNATIVE NAME.” Parents should understand that putting the alternative name on the certificate of citizenship DOES NOT legally change the child’s name. If the parents want to change the child’s name legally, they must comply with the relevant requirements of their own State’s law.

Is Automatic Citizenship Provided for Children (Including Adopted Children) Born and Residing Outside the United States?

No. In order for a child born and residing outside the United States to acquire citizenship, the United States citizen parent must apply for naturalization on behalf of the child. This only applies to children who not acquire U.S. citizenship at birth. The naturalization process for such a child cannot take place overseas. The child will need to be in the United States temporarily to complete naturalization processing and take the oath of allegiance. The child does not have to be admitted as a permanent resident; a lawful nonimmigrant admission is enough.

To be eligible, a child must meet the definition of “child” for naturalization purposes under immigration law, and must also meet the following requirements:

• The child has at least one United States citizen parent (by birth or naturalization);
  
  
• The United States citizen parent has been physically present in the United States for at least five years, at least two of which were after the age of 14 –– or the United States citizen parent has a citizen parent who has been physically present in the United States for at least five years, at least two of which were after the age of 14;
  
  
• The child is under 18 years of age;
  
  
• The child is residing outside the United States in the legal and physical custody of the United States citizen parent;
  
  
• The child is temporarily present in the United States –– having entered the United States lawfully and maintaining lawful status in the United States;
  
  
• An adopted child must also meet the requirements applicable to adopted children under immigration law.

If the naturalization application is approved, the child must take the same oath of allegiance administered to adult naturalization applicants. If the child is too young to understand the oath, USCIS may waive the oath requirement.

QUNATICO HOSTS ALL-MILITARY NATURALIZATION CEREMONY

Thirty-nine active-duty service members representing all five branches of the U.S. military became citizens during a special military naturalization ceremony held on Marine Corps Base Quantico. Joining the new citizens to celebrate the swearing in were U.S. Citizenship and Immigration Services (USCIS) Deputy Director Michael Petrucelli and Brigadier General William Cato, Commander, Marine Corps Systems Command.

“As the Deputy at USCIS, I have had the privilege of attending numerous naturalization ceremonies. While each is special in it’s own way, military ceremonies are extra significant,” said Deputy Director Petrucelli. “Today, we naturalized men and women who had pledged to die in defense of liberties they had yet to receive. Thousands of immigrant troops are making extraordinary sacrifices for America. There is no more fitting way for a grateful nation to demonstrate its appreciation than through expedited citizenship.

The new Americans hail from the following 27 countries: Afghanistan, Barbados, Bolivia, Bulgaria, Cameroon, Canada, Colombia, Ecuador, Ghana, Guyana, Jamaica, Korea, Liberia, Mexico, Nicaragua, Nigeria, Paraguay, Peru, Philippines, Poland, Romania, Sierra Leone, Tanzania, Thailand, Trinidad and Tobago, Ukraine, and United Kingdom.

Under an Executive Order signed by President Bush in July 2002, legal permanent residents actively serving in the U.S. military, and legal permanent residents who were on active duty on September 11, 2001 or after, and honorably discharged, are immediately eligible to apply for naturalization. The President is authorized to waive the normal residency requirements for naturalization during specified periods of military hostilities. The July 2002 Executive Order designates the War on Terrorism, including the current conflict in Iraq, is such a period. More than 19,000 military personnel have become U.S. citizens since the Executive Order was enacted.

Event in Tokyo culminates first overseas ceremonies

Approximately 20 active-duty service members took the Oath of Allegiance and became the newest U.S. citizens during a special overseas military naturalization ceremony on October 18, 2004 at the U.S. Embassy in Tokyo, Japan. The ceremony in Tokyo culminates the first overseas military naturalization ceremonies conducted by the United States Federal Government.

Joining the service members and their families to celebrate the swearing in were U.S. Citizenship and Immigration Services (USCIS) Deputy Director Michael Petrucelli and Consul General Edward McKeon. Earlier in the month, USCIS Director Eduardo Aguirre naturalized 34 service members in Iraq and 17 in Afghanistan.

“Today, we welcomed as new citizens men and women who had pledged to protect America’s freedom,” said Director of USCIS Eduardo Aguirre. “Thousands of immigrant troops are making extraordinary sacrifices for America. There is no more fitting way for a grateful nation to demonstrate its appreciation than through granting qualified service members the privilege of U.S. citizenship as quickly as possible, to carry out their dream of becoming Americans.”

“It is an honor and a privilege to bestow the ultimate honor, American citizenship, on these men and women who fight so bravely and tirelessly to defend the rights and freedoms of their adopted country,” said Deputy Director Petrucelli.

Last November, President Bush signed the National Defense Authorization Act for Fiscal Year 2004. The Act amended portions of the Immigration and Nationality Act to allow for overseas military naturalization ceremonies. Before October 1, 2004, military service members could only naturalize while physically within the United States.

Event in Seoul culminates first overseas ceremonies

Approximately 20 active-duty service members took the Oath of Allegiance and became the newest U.S. citizens during a special overseas military naturalization ceremony on October 14, 2004 in Seoul, South Korea, at Yongson Military Base. The ceremony in Seoul culminates the first overseas military naturalization ceremonies conducted by the United States Federal Government.

Joining the service members and their families to celebrate the swearing in was U.S. Citizenship and Immigration Services (USCIS) Deputy Director Michael Petrucelli. Earlier in the month, USCIS naturalized 34 service members in Iraq and 17 in Afghanistan

"Today, we welcomed as new citizens men and women who had pledged to protect America's freedom," said Director of USCIS Eduardo Aguirre. "Thousands of immigrant troops are making extraordinary sacrifices for America. There is no more fitting way for a grateful nation to demonstrate its appreciation than through granting qualified service members the privilege of U.S. citizenship as quickly as possible, to carry out their dream of becoming Americans."

Last November, President Bush signed the National Defense Authorization Act for Fiscal Year 2004. The Act amended portions of the Immigration and Nationality Act to allow for overseas military naturalization ceremonies. Before October 1, 2004, military service members could only naturalize while physically within the United States.

Members of the U.S. Armed Forces may apply for citizenship under special provisions of the Immigration and Nationality Act (INA). Generally, that includes service in one of the following branches of the U.S. Military:

•	Army,
•	Navy,
•	Marine Corps,
•	Air Force,
•	Coast Guard,
•	Certain Reserve components of the National Guard, and
•	Selected Reserve of the Ready Reserve.

Recent changes in sections 328 and 329 of the INA make it easier for qualified military personnel to become U.S. citizens. In addition, U.S. Citizenship and Immigration Services (USCIS) has created a streamlined process specifically for military personnel serving on active-duty status or recently discharged. As of October 1, 2004, members of the U.S. Armed Forces do not pay a fee when filing for citizenship.

To date, more than 18,000 service members have applied for expedited naturalization. USCIS has helped nearly 9,000 of those service members become citizens.

Qualifications

A military service member must meet certain requirements and qualifications to become a U.S. citizen. These include:

•	Demonstrating good moral character;
•	Demonstrating knowledge of the English language;
•	Demonstrating knowledge of U.S. government and history (civics); and
•	Demonstrating attachment to the U.S. by taking an oath of allegiance to the U.S. Constitution.

Military service members are exempt from other naturalization requirements outlined in the INA as amended by the National Defense Authorization Act for Fiscal Year 2004.

National Defense Authorization Act for Fiscal Year 2004

On November 24, 2003 President Bush signed the National Defense Authorization Act for Fiscal Year 2004. Title XVII (Naturalization and Other Immigration Benefits for Military Personnel and Families) of that Act contains five sections that pertain to naturalization requirements and benefits for members of the U.S. Armed Forces.

Section 1701, Requirements for naturalization through service in the United States Armed Forces

•	A service member needs only to serve one year of active duty service to qualify for citizenship. Before this change, the requirement was three years.
•	A service member filing an application for citizenship is not charged a fee.
•	A service member dishonorably discharged prior to completing five years of service may have his/her citizenship revoked.
•	The Secretaries of Homeland Security, State and Defense will ensure that all aspects of the naturalization process, including: Citizenship applications, interviews, oaths, and ceremonies are made available overseas through U.S. embassies, consulates, and U.S. military installations.

Section 1702, Naturalization benefits for members of the Selected Reserve of the Ready Reserve

•	In addition to service members on active duty, members of the Selected Reserve of the Ready Reserve are also eligible for naturalization benefits.

Section 1703, Extension of posthumous benefits to surviving spouses, children, and parents

•	An alien spouse, child, or parent of a U.S. citizen service member of the U.S. Armed Forces who dies in combat or as a result of combat can file for citizenship within two years of that service member’s death.
•	For immigration purposes, the applicant will remain an immediate relative of the deceased service member. This status would be revoked should the spouse remarry.

Section 1704, Expedited process for granting posthumous citizenship to members of the armed services

•	A service member who dies in combat or as a result of combat may receive posthumous citizenship.
•	The service member’s next of kin, the Secretary of Defense, or the Secretary’s designee with USCIS may make this request on behalf of the service member.
•	A request for posthumous citizenship must be made within two years of the service member’s death or within two years of the enactment of this section of the law.

Section 1705, Effective date

•	The amendments made by these provisions take effect as if enacted on September 11, 2001.

Expedited Naturalization Executive Order

On July 3, 2002, President Bush signed the “Expedited Naturalization Executive Order” calling for the expedited naturalization of aliens and non-citizens serving on active duty in the U.S. Armed Forces during the War on Terrorism. The Executive Order allows active duty personnel serving on or after September 11, 2001 to immediately file for citizenship. Normally, a military service member would have to complete one-year of honorable service before qualifying to file for citizenship. Section 329 of the Immigration and Nationality Act authorizes the President to waive this requirement during periods of military hostilities.

How to Apply

Every military installation has a designated point-of-contact to handle military naturalization applications. Military service members should use this contact to help file a complete naturalization application packet. That package will include: ?? Application for Naturalization (USCIS Form N-400) ?? Request for Certification of Military or Naval Service (USCIS Form N-426) ?? Biographic Information (USCIS Form G-325B) The complete package is then sent to the USCIS Nebraska Service Center for expedited processing.

Posthumous Benefits

The INA allows for the awarding of posthumous citizenship to active-duty military personnel who die while serving in the U.S. Armed Forces. In addition, surviving family members seeking immigration benefits are given special consideration. To learn more, contact your military point-of-contact or the local district USCIS office. To date, USCIS has issued posthumous citizenship to 37 service members stemming from the War on Terrorism.