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ATTORNEY [ licensed to practice in KOREA, U.S.A., ILLINOIS ] LEE, JAE WOOK
∗ [FOR AlienS - ENGLISH LANGUAGE LEGAL SERVICES in Counseling, Application and LITIGATION & TRIAL IN COURTS and TRIBUNALS in KOREA]
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[Category]
U.S.A. Lawful Permanent Resident, Citizenship (ǹ ̱ ̹,,ֱ-Green Card)
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  • U.S.A. Lawful Permanent Resident, Citizenship (ǹ ̱ ̹,,ֱ-Green Card)
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[Category]
U.S.A. Lawful Permanent Resident, Citizenship (ǹ ̱ ̹,,ֱ-Green Card)


[Title]
XIII. ùαǰ ȭ (CITIZENSHIP & NATURALIZATION)
Start →







1. ùα

.

Īϴ Ϲ ְȭü 쿡 (National)̸ κ ̸ մϴ. ׷ ձ ¸ ϴ 쿡 鼺(Subject)  ϸ, ̷ ձ ¿ Ͽ ù(Citizen)̶ Īϴ 쵵 ϴ.

. ̱ (National) ù(Citizen)


8 U.S.C. 1408 ϸ, ̱ùαڰ ƴϸ鼭 ̱ Ǵ ͵ մϴ(According to 8 U.S.C. 1408 it is possible to be a U.S. national without being a U.S. citizen).

̱ ̱ ù ƴմϴ. ׷ ̱ ù ̱ Դϴ(Not all U.S. nationals are U.S. citizens; however, all U.S. citizens are U.S. nationals).

̱ 밳 ̵鰣 ƹ ̸ , ùαǿ ؼ ƴ϶ ο ؼ ϰ ֽϴ(Indeed, U.S. passports normally make no distinction between the two, mentioning only the bearer's nationality, not his/her citizenship).

̱ 汹 쿡 (U.S.) ֹΰ (State) ֹ, ׸ ֿ Ե (Territory) ֹΰ ܼ ؿ (Outlying Possession) ֹ Ͽ и ʿ並 ֽϴ.

̿ , ̱ ü (Nationa) ؿ ϴ ü ֹο Īϴ ϰ, ߿ ؿ ֹο μ ù(Citizen)̶ ϰ ֽϴ.

̷ ù(Citizen) ϳ (state) Ҽ (State) ο ùα οϰ, ̷ ù 翬 ù Ǵ Ͽµ, ̱ 䰡 ȮǸ鼭 Ͽ (State) ʴ ܼ (Territory. ֶ ϱ⵵ ϳ ̴ ʴ) ĪϿ, ̿ 鿡 Ͻ 쿡 ؼ ؿ(Outlying Possession) Īϰ Ǿϴ.

̿ 濵(Territory) Ͻ ؿ(Outlying Possession) ؼ ޸Ͽ, Territory ؼ (State) ùα(Citizenship) οϳ, Ͻ ؿ(Outlying Possession) ؼ ùα(Citizenship) ο ʰ ̱ (U.S. National)̶ θ ϰ ִ Դϴ.

׷ Ǹ鼭 (National)̶ ù(Citizen) 뺰Ǵ μ ̱ ؿ θ Īϴ Ǿϴ. ׷ (National)̶ ̱ ü ù ϴ ǰ ֽϴ.

, ù Ǵ ƴմϴ. ׷ ù ˴ϴ(Not all U.S. nationals are U.S. citizens; however, all U.S. citizens are U.S. nationals).


̱ ùα(Citizenship)̶ Ҽ (National)߿ (State) (Territory) ֹ ù(Citizen) ؼ οǴ ̸, (National)̶ 亸ٴ μ, ̱ ֿ ù(Citizen)μ Ǹ մϴ.

. ̱ (National)̶ 亯

1) (National)

̷ (National) ù(Citizen)̶ Īϳ, ̴ Ϲ Ÿ Īϴ (National) ̸, ̱ ϴ (National)̶ ̱ (Citizenship) ٸ Īմϴ.

2) ̱ ù ƴ (Nationals who are not citizens)

ڴ ؿ (2005 ̱ ƿ ν 忡 ѵ), Ǵ ׸ ļ ̿ dz, ̿ ùα մϴ(A person whose only connection to the U.S. is through birth in an outlying possession (which as of 2005 is limited to American Samoa and Swains Island), or through descent from a person so born acquires U.S. nationality but not U.S. citizenship).

, ̱ (National)̶ ̱ ù ƴ϶ ̱ 谡 ִ ̱ ؿ(an outlying possession of U.S., American Samoa Swains Land մϴ This was formerly the case in only four other current or former U.S. overseas possessions:

* Guam (1898 - 1950) (Citizenship granted by an Act of Congress)
* the Philippines (1898 - 1946) (Independence in 1946; Citizenship never accorded)
* Puerto Rico (1898 - 1917) (Citizenship granted by an Act of Congress; Puerto Rican citizenship exists)
* the U.S. Virgin Islands (1917 - 1927) (Citizenship granted by an Act of Congress)
) ֹ Īϴ Դϴ.

ſ, ̷ (National) , Ǫ , ̱ Ϸ, ʸ ԵǾ, ʸ 1946⿡ ǾǷ ̻ ̱ ܱ Ǿ, ̱ ؿ ̱ (Territory) °ݵǸ鼭 ̱ùα ϰ ˴ϴ.

̷ ̱ ؿ (National) ſ , ϴ(Nationals who are not citizens cannot vote or hold elected office). ׷ 泻 Ѿ ϰ , ùαڿ ϰ ߱޹ ֽϴ. ̵ ֱڿ ùαڰ ֽϴ(However, they may reside and work in the United States without restrictions and apply for citizenship under the same rules as other resident aliens).

3) ̷ ܱ, , ù

̷ Ʒ ܱ, , ù ϱ⵵ մϴ.

) ܱ(Aliens)

ܱ ܱ ̱ (̹) ڸ մϴ(Aliens are people who have left (emigrated) a foreign country to the United States). ̵ ̱ùαڿ Ǹ , ſ ǥ ϴ(They have some of the same freedoms and legal rights as U.S. citizens, but they cannot vote in elections).

) (National)

̱ ̱ ֹ մϴ(American nationals are natives of American territorial possessions). ̵ ùαڰ ȣ , ̱ ùαڷμ ġ Ǹ մϴ(They have all the legal protections which citizens have, but they do not have the full political rights of US citizens). ̷ ڴ ܱΰ ȭ ľ μ ̱ ù ˴ϴ.

) ù(Citizens)

̱ Ǵ ؿܿ ִ ̱ ùαڿ ¾ ڴ ̱ ùԴϴ(Persons born in the U.S. or to U.S. citizens in foreign countries are citizens of the United States). ؿܿ ڷμ ̱ ùαڰ ǰ ϴ ڴ ùαǽ ûϿ Ͽ մϴ(Persons born in other countries who want to become citizens must apply for and pass a citizenship test). ̷ ùαڰ ڸ ȭùαڶ մϴ(Those who become citizens in this manner are naturalized citizens)."




. ο ϴ (Natonal)

ο (National)̶  ̱ 迡 ִ (US citizen and US permanent and temporary legal resident) Īϴ ϴµ, National ù(Citizen), LPR(Legal Permanent Resident), LTR(Legal Temporary Resident) ϴ ǰ ִ Դϴ.

. ΰ ù



National Citizen ̿ ϰ ֽϴ(What is the difference between National and Citizen?)


(National)
ù(Citizen)
1. ̶ Դϴ(The term National is the concept of International).

2. ǹ̸ (It has been broader significance).

3. ο ش ġ ڿ ش 漺ǹ δϴ ڸ մϴ(National of State includes all persons who are political members of the State and who owe allegiance to the State).

4. ڽ Ŀ ֽϴ(A person may continue his national, even after he looses his nationality).

5. ֿ ݵǴ ƴմϴ(Nationality is not accompanied with the residence).

6. ⺻ α մϴ(The National can not have the fundamental rights)

1. ù̶ Դϴ(The term Citizen is the concept of country).

2. ǹ̸ (It has been a narrower significance). 漺 ǹմϴ(It usually signifies the permanent allegiance to a country).

3. ùα ƴմϴ(But all nationals may not possess citizenship).

4. ùα ϸ ش ̻ ϴ(A person may not live in the country if he looses his citizenship).

5. ùα ֿ ݵ˴ϴ(Citizenship is accompanied with the residence).

6. ù ⺻ α (The citizen has the fundamental rights).




2.         ùαǺο ٰ(Basis for Granting citizenship )

.        (Constitution) ٰ

̱ ùα ٰŴ ȭ(Birth & naturalization) ٰմϴ.

14 (14th amendment) ̱ ϰų ȭ (all persons born or naturalized in the US) ̱ù(citizens of the Us)̶ ϰ ֽϴ.

̷ ̱ Ͽ ִ Puerto Rico, Guam, The U.S. Virgin Islands (territories. ؿ outlying possession State °ݵDZ ߰ܰ) ִ ڿ ؼ ˴ϴ.

̿ ܷμ, ܱ ڳ(Sons & daughters of foreign diplomats) ִµ, ܱ ڳฦ ̱ ڴ ̱ù ˴ϴ. ̿ ޸ ҹü ڳ(children of illegal people) ̱ù ֽϴ.

. ٰ(Statutory)

̹ι ٰű Ʒ ϴ.

INA 301 INA: ACT 301 - NATIONALS AND CITIZENS OF THE UNITED STATES AT BIRTH


Sec. 301. [8 U.S.C. 1401] The following shall be nationals and citizens of the United States at birth:

(a) a person born in the United States, and subject to the jurisdiction thereof;

(b) a person born in the United States to a member of an Indian, Eskimo, Aleutian, or other aboriginal tribe: Provided, That the granting of citizenship under this subsection shall not in any manner impair or otherwise affect the right of such person to tribal or other property;

(c) a person born outside of the United States and its outlying possessions of parents both of whom are citizens of the United States and one of whom has had a residence in the United States or one of its outlying possessions, prior to the birth of such person;

(d) a person born outside of the United States and its outlying possessions of parents one of whom is a citizen of the United States who has been physically present in the United States or one of its outlying possessions for a continuous period of one year prior to the birth of such person, and the other of whom is a national, but not a citizen of the United States;

(e) a person born in an outlying possession of the United States of parents one of whom is a citizen of the United States who has been physically present in the United States or one of its outlying possessions for a continuous period of one year at any time prior to the birth of such person;

(f) a person of unknown parentage found in the United States while under the age of five years, until shown, prior to his attaining the age of twenty-one years, not to have been born in the United States;


(g) a person born outside the geographical limits of the United States and its outlying possessions of parents one of whom is an alien, and the other a citizen of the United States who, prior to the birth of such person, was physically present in the United States or its outlying possessions for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years: Provided, That any periods of honorable service in the Armed Forces of the United States, or periods of employment with the United States Government or with an international organization as that term is defined in section 1 of the International Organizations Immunities Act (59 Stat. 669; 22 U.S.C. 288) by such citizen parent, or any periods during which such citizen parent is physically present abroad as the dependent unmarried son or daughter and a member of the household of a person (A) honorably serving with the Armed Forces of the United States, or (B) employed by the United States Government or an international organization as defined in section 1 of the International Organizations Immunities Act, may be included in order to satisfy the physical-presence requirement of this paragraph. This proviso shall be applicable to persons born on or after December 24, 1952, to the same extent as if it had become effective in its present form on that date; and

(h) a person born before noon (Eastern Standard Time) May 24, 1934, outside the limits and jurisdiction of the United States of an alien father and a mother who is a citizen of the United States who, prior to the birth of such person, had resided in the United States. 302 persons born in Puerto Rico on or after April 11, 1899


ΰ ù( NATIONALS AND CITIZENS OF THE UNITED STATES AT BIRTH) 361 INA: ACT 361 - CANCELLATION OF UNITED STATES PASSPORTS AND CONSULAR REPORTS OF BIRTH


Sec. 361. [8 U.S.C. 1504]

(a) The Secretary of State is authorized to cancel any United States passport or Consular Report of Birth, or certified copy thereof, if it appears that such document was illegally, fraudulently, or erroneously obtained from, or was created through illegality or fraud practiced upon, the Secretary. The person for or to whom such document has been issued or made shall be given, at such person's last known address, written notice of the cancellation of such document, together with the procedures for seeking a prompt post-cancellation hearing. The cancellation under this section of any document purporting to show the citizenship status of the person to whom it was issued shall affect only the document and not the citizenship status of the person in whose name the document was issued.

(b) For purposes of this section, the term "Consular Report of Birth" refers to the report, designated as a "Report of Birth Abroad of a Citizen of the United States", issued by a consular officer to document a citizen born abroad.



TITLE IV-MISCELLANEOUS AND REFUGEE ASSISTANCE


CHAPTER I - MISCELLANEOUS


[JOINT CONGRESSIONAL COMMITTEE]


Sec. 401. [Repealed]


AMENDMENTS TO OTHER LAWS


Sec. 402. [omitted as executed]


LAWS REPEALED


Sec. 403. [omitted as executed]

(CANCELLATION OF UNITED STATES PASSPORTS AND CONSULAR REPORTS OF BIRTH)


ڳ θκ ùα ¿ ùα (Citizenship by transmission) ٰſ Դϴ(statutory)




3. ùα 2 ɻ(Two criteria we must meet for citizenship)

. ݼ(Statutory eligibility)
. 緮(Discretion)




4. ̱ùα ȹ 3 (3 ways to obtain US Citizenship )

.        (By Birth) ùα


1)

̱ ùα(Citizenship) ̱ (US or Territory) ν ֽϴ. ׷ (Territory) ܰ ؿ(outlying possession) ڴ ùα , (National)μ (Nationality) ֽϴ. ̱̿ ̶ ̱ ùα ǹϸ, ̱ ̿ ٸ ǹ̷μ ùα ϴ Դϴ.

2) ǿ ( Jus sanguinis & Jus soli)

)

ùα 濡 (Jus sanguinis) (Jus soli) ֽϴ.


̱ ùα 濡 ؼ , (Jus Soli) Ģ Ǹ, (Jus Sanguinis) ˴ϴ.


) (Jus Soli),

Jus Soli ״ Ǹ(literally, right of land) մϴ.

14 (14th amendment) ̱ ϰų ȭ (all persons born or naturalized in the US) ̱ù(citizens of the Us)̶ ϰ ֽϴ.

̷ Ģ ؼ INA 300 308 ϰ ֽϴ.

ǿ ùα ̱ (i.e. born in the national territory) ڿ ؼ θ ҹϰ ̱ ùα οմϴٴ մϴ.

Wong Kim Ark (In the matter of Wong Kim Ark), ڿ ̵ ̹ 족(Even to tourists and undocumented migrants) ؼ Ǹ и Ͽ, ߱ΰ ڿ (Applies to Chinese and everyone ) и Ͽ.

, ̶̱ ̱ ϴ (State) (Territories) ϸ, ؿ(Outlying possession) ܵ˴ϴ. ̱̳ ̱ Ͽ ִ (State and Territories) ¾ ڴ ̹ ̱ùԴϴ.. ׷ ؿ (outlying possessions. ̱ ƿ η) ڴ ܵ˴ϴ. ٸ, ؿ 쿡 ùα ƴ, ֱ ùα ܰ Ǹ , ֱڿ ùα Ǹ (, National)μ ˴ϴ.

̷ ǿ 3 (Three Exceptions) մϴ.


1) ܱ ܱ()(Foreign sovereigns and accredited diplomatic officials (ambassadors))
2) ܱ Լ( ƴ ǹ)(Foreign public vessels, meaning warships, not commercial vessels, in U.S.waters)
3) 並 ܱο (Birth to alien enemies in hostile occupation of US territory)


) (Jus Sanguinis)

(1)

Ƕ ùα ƴ϶ ùα θ Ϲ Ǵ ֹ濡 Ǵ Ģ մϴ(Jus sanguinis (Latin: right of blood) is a principle of nationality law by which citizenship is not determined by place of birth but by having one or both parents who are citizens of the state).

ùα θκ ڳ࿡ (transmission of citizenship from parent to child)˴ϴ. (Jus Soli) 信 θκ (Transmission) ùα (citizenship by transmission) ԵǾ ֽϴ. ڳడ ؿܿ ¾ 쿡 θ ϳ ̱ù 찡 ̿ Ե˴ϴ.

θ ùα ų , ȭ Ǵ Ÿ ׿ ü , ڳ ڵ ù ˴ϴ(Children at birth may automatically be citizens if their parents have state citizenship or national identities of ethnic, cultural or other origins.

ùα ڽ θ ڿ ϰų θ ڽ ùα οϴ ù ƴ 쿡 ڳ࿡ ο ֽϴ(Citizenship can also apply to children whose parents belong to a diaspora and were not themselves citizens of the state conferring citizenship). ̷ Ģ ˴ϴ(This principle contrasts with jus soli (Latin: right of soil)).

, ̱ܿ ̱ù ڳ (born abroad to U.S. Citizens) ؼ ̱ùα οϰ ֽϴ.

̿ ٰű INA ס 301(c), (d), (e), (g), (h), INA section 308(2), (4), INA section 309 ֽϴ.

ùα (Transmission) ǥ(transmission charts) ϴµ, ڳ ɿ ٸ (transmission requirements) Ǿ մϴ. ùα ؼ, θ ϳ ̻ ̱ Ͽ 䱸մϴ. ̷ ¿ ùα û ؼ N-600 ؾ մϴ.

̷ ؿܿ ڳ(Child born abroad) ùα濩ο ؼ ش ڳ θ ȥ ش θ ùαڿε 뺰 ֽϴ.

(2) ȥ¿ (Child Born in Wedlock):

() θ ùα (If both parents are citizens)

Ѵ ̱ùα θκ ؿܿ ڳ(Child of Two U.S. Citizen Parents) , θ Ϲ̶ ̱ ־, ڳ ùα ϰ ˴ϴ(child acquires citizenship at birth, provided only one parent has a residence in US).

, ̱ ؿ ¾ ڳ ϸ ùα ϰ ˴ϴ(A child born outside of the United States and its outlying possessions acquires citizenship at birth if at the time of birth):


1. ش ڳ θ ΰ ̱ùα (Both of the childs parents are U.S. citizens); and
2. شڳ θ Ϲ̶ ̱̳ ؿ ϰ ִ (At least one parent had resided in the United States or one of its outlying possessions).




() θ ϳ ùαڰ ƴ (If one parent is a noncitizen)

a) 5 ֿ

ش ڳ θ ȥ Ͽ Ϲ游 ùα 쿡 INA 301(g) ؾ մϴ(Parents are married, but only one is U.S. Citizen).

INA 301(g) ùα Ǵ شڳ 5Ⱓ(θ 14 2Ⱓ ) ̱ ü 䱸ϰ ֽϴ.

5 Ⱓȿ ݵ ùα θ ڽ 14 ּ 2̻ Ⱓ ̱ Ͽ մϴ(the citizen parent must have been physically present in US for total of 5 yrs before birth , including at least 2 yrs after the age of 14).

b) θ Ϲ ؿ (National) (Child of U.S. Citizen Parent and U.S. National)

θ Ϲ ùα̰ ٸ Ϲ ؿ μ, ؿ(̱ ؿ ) ڳ Ǹ ùα մϴ(A child born outside of the United States and its outlying possessions acquires citizenship at birth if at the time of birth):



1. θ Ϲ ̱ ùα̰ ٸ Ϲ ؿ (One parent is a U.S. citizen and the other parent is a U.S. national; and
2. ùα θ ̱ Ǵ ؿ ּ 1̻ ü (The U.S. citizen parent was physically present in the United States or one of its outlying possessions for a continuous period of at least one year).


θ Ϲ游 ùα 쿡 θ ȥ 쿡 INA section 301(g) Ǹ, ڿ ٿ θ ȥ 쿡 INA section 309 ˴ϴ.


c) θ Ϲ ܱ (Child of U.S. Citizen Parent and Foreign National Parent)

θ Ϲ ̱ ùα̰ ٸ Ϲ ܱ μ, ؿܿ ڳ Ǹ ùα մϴ(A child born outside of the United States and its outlying possessions acquires citizenship at birth if at the time of birth):


1. θ Ϲ ̱ ùα̰ ٸ Ϲ ܱ (One parent is a foreign national and the other parent is a U.S. citizen); and

2. ̱ùα θ ڽ 14 ּ 2 Ͽ ̱ ּ 5̻ üϿ (The U.S. citizen parent was physically present in the United States for at least 5 years, including at least 2 years after 14 years of age).



ؿܿ üⰣ 쿡 ̱ üⰣ ˴ϴ(Time abroad counts as physical presence in the United States if the time abroad was):


1. ź ̱ Ҽӿμ ؿܿ ü (As a member of the U.S. armed forces in honorable status);
2. ̱ Ǵ Ÿ ڰִ 迡 ؿܿ ü (Under the employment of the U.S. government or other qualifying organizations); or
3. ̷ Ǻξ ȥ ڳμ ؿܿ ü (As a dependent unmarried son or daughter of such persons).



d) ̱ùα ܱ (Child of a U.S. Citizen Mother and Foreign National Father)

ùα̰ ΰ ܱ μ, ؿܿ ڳ 쿡 ùα մϴ(A child born outside of the United States and its outlying possessions acquires citizenship at birth if):


1. ش ڳడ 1934.5.24. 12:00(ǥؽ) (The child was born before noon (Eastern Standard Time) May 24, 1934);
2. ش ڳ ΰ ܱ (The childs father is a foreign national);
3. ش ڳ ش ڳ ̱ (The childs mother was a U.S. citizen at the time of the childs birth); and
4. ش ڳ ̱ùα ش ڳ ̱ (The childs U.S. citizen mother resided in the United States prior to the childs birth).



(3) ڳ θ ȥ (Parents are unmarried )

ȥο ڳ(Child Born Out of Wedlock) ؼ Ǵ ùα ο ˴ϴ.

() ̱ùα (Child of a U.S. Citizen Mother)

̱ùα 쿡, Ǹ Ͽ ڴ 翬 ̱ùαڰ , ؿܿ ȥο 쿡 ݵ ̱ 1̻ Ͽ üϿ մϴ.

̿ INA 309(c) ȥο 1Ⱓ ̱ ü 䱸ϴµ, ̸ ϸ Ʒ ϴ.

̱ ̱ ؿ ȥοܷ ڳ ϸ ùα մϴ(A child born out of wedlock outside of the United States and its outlying possessions acquires citizenship at birth if):


1. 1952.12.23. ڳ(The child was born after December 23, 1952);
2. ڳ ڳ ̱ùα(The childs mother was a U.S. citizen at the time of the childs birth); and
3. ڳ ̱ùα ̱̳ ̱ ؿ ڳ 1⵿ üϿ (The childs U.S. citizen mother was physically present in the United States or outlying possession for one continuous year prior to the childs birth).




() ΰ ̱ùα (Child of a U.S. Citizen Father)

INA 309(a) ȥο ڿ ؼ ޸ ο ؼ ڵ Ǹ ʽϴ.

ȥ κΰ ڳ࿡ ռ Ǿ ̱ùα θ ̱ùα ϴ ؿܿ ȥο ڿԵ ˴ϴ(The provisions listed above for a child born in wedlock apply to a child born out of wedlock outside of the United States claiming citizenship through a U.S. citizen father if):


1. ڳ ΰ 谡 ϰ Ȯ ſ (A blood relationship between the child and the father is established by clear and convincing evidence);

2. ڳ ΰ شڳ ̱ùα (The childs father was a U.S. citizen at the time of the childs birth);

3. ڳ ( ) ڳడ 18 ϱ ڳ࿡ ϱ (The childs father (unless deceased) has agreed in writing to provide financial support for the child until the child reaches 18 years of age); (and)


4. ڳడ 18 ϱ ϳ (One of the following criteria is met before the child reaches 18 years of age):

a. ڳడ ڳ ְ Ǵ ģȮ (The child is legitimated under the law of his or her residence or domicile);
b. ΰ ش ڳ ģڰ踦 (The father acknowledges in writing and under oath the paternity of the child); Ǵ(or)
c. شڳ ģڰ谡 մ (The paternity of the child is established by adjudication of a competent court).



, INA section 301 ׿ Ե ְ Ǵ üǵ θ ùα ϴ ȥο ڿ ؼ ˴ϴ((In addition, the residence or physical presence requirements contained in the relevant paragraph of INA section 301 continue to apply to children born out of wedlock claiming citizenship through their fathers).

ģȮ ֹ Ȥ ش (Legitimated depends on state law. Family law).

ΰ Ͽ ۼϴ (Affidavit) ϸ, ̴ ۼڰ Ͽ μ ο մϴ(written and signed under oath before notary).

ģڰ迡 ģȮǰ(Judicial order of paternity) · ̷ .

̷ ģȮ ش ڳడ 18 ϱ (̼ ) ̷ մϴ. Nguyen , ڳ Nguyen δ ̱ùα̰, Ʈ ̾, δ 1969 ƮⰣ ̱ȸ Ͽ Ͽ. ڳ Nguyen ֱ̾µ, ǰ INSκ ߹ ޾Ҵ. ̿ Nguyen δ DNA ׽Ʈ ޾ ڽ ڳ Ͽ, ڳ Nguyen ̹ 18 ʰ ¿Ƿ, Ͽ. ȥο δ ش ڳడ ùαڰ ƴ϶ ˾Ҵٸ ڳฦ ȭ׾ ϸ, ش ڳ 18 ΰ ģȮ ߾ մϴ.



. ȭ ùα (Citizenship Through Naturalization)

1)

ȭ ش ܱ ùαڳ ܱ INA ̵鿡 ̱ùα 㰡Ǵ մϴ(Naturalization is the process by which U.S. citizenship is granted to a foreign citizen or national after he or she fulfills the requirements established by Congress in the Immigration and Nationality Act (INA)).

2) ٰű

ȭ ùα ̸, ̿ϰ ֽϴ.

INA ס310 INA: ACT 310 - NATURALIZATION AUTHORITY


Sec. 310. [8 U.S.C. 1421]

(a) Authority in Attorney General.-The sole authority to naturalize persons as citizens of the United States is conferred upon the Attorney General.

(b) Court Authority To Administer Oaths.-

(1) Jurisdiction.-Subject to section 337(c)-

(A) General jurisdiction.-Except as provided in subparagraph (B), each applicant for naturalization may choose to have the oath of allegiance under section 337(a) administered by the Attorney General or by an eligible court described in paragraph (5). Each such eligible court shall have authority to administer such oath of allegiance to persons residing within the jurisdiction of the court.

(B) Exclusive authority.-An eligible court described in paragraph (5) that wishes to have exclusive authority to administer the oath of allegiance under section 337(a) to persons residing within the jurisdiction of the court during the period described in paragraph (3)(A)(i) shall notify the Attorney General of such wish and, subject to this subsection, shall have such exclusive authority with respect to such persons during such period.

(2) Information.-

(A) General information.-In the case of a court exercising authority under paragraph (1), in accordance with procedures established by the Attorney General-

(i) the applicant for naturalization shall notify the Attorney General of the intent to be naturalized before the court, and

(ii) the Attorney General-

(I) shall forward to the court (not later than 10 days after the date of approval of an application for naturalization in the case of a court which has provided notice under paragraph (1)(B)) such information as may be necessary to administer the oath of allegiance under section 337(a) , and

(II) shall promptly forward to the court a certificate of naturalization (prepared by the Attorney General).

(B) Assignment of individuals in the case of exclusive authority.-If an eligible court has provided notice under paragraph (1)(B), the Attorney General shall inform each person (residing within the jurisdiction of the court), at the time of the approval of the person's application for naturalization, of-

(i) the court's exclusive authority to administer the oath of allegiance under section 337(a) to such a person during the period specified in paragraph (3)(A)(i), and

(ii) the date or dates (if any) under paragraph (3)(B) on which the court has scheduled oath administration ceremonies.

If more than one eligible court in an area has provided notice under paragraph (1)(B), the Attorney General shall permit the person, at the time of the approval, to choose the court to which the information will be forwarded for administration of the oath of allegiance under this section.

(3) Scope of exclusive authority.-

(A) Limited period and advance notice required.-The exclusive authority of a court to administer the oath of allegiance under paragraph (1)(B) shall apply with respect to a person-

(i) only during the 45-day period beginning on the date on which the Attorney General certifies to the court that an applicant is eligible for naturalization, and


(ii) only if the court has notified the Attorney General, prior to the date of certification of eligibility, of the day or days (during such 45-day period) on which the court has scheduled oath administration ceremonies.

(B) Authority of attorney general.-Subject to subparagraph (C), the Attorney General shall not administer the oath of allegiance to a person under subsection (a) during the period in which exclusive authority to administer the oath of allegiance may be exercised by an eligible court under this subsection with respect to that person.

(C) Waiver of exclusive authority.-Notwithstanding the previous provisions of this paragraph, a court may waive exclusive authority to administer the oath of allegiance under section 337(a) to a person under this subsection if the Attorney General has not provided the court with the certification described in subparagraph (A)(i) within a reasonable time before the date scheduled by the court for oath administration ceremonies. Upon notification of a court's waiver of jurisdiction, the Attorney General shall promptly notify the applicant.

(4) Issuance of certificates.-The Attorney General shall provide for the issuance of certificates of naturalization at the time of administration of the oath of allegiance.

(5) Eligible courts.-For purposes of this section, the term "eligible court" means-


(A) a district court of the United States in any State, or

(B) any court of record in any State having a seal, a clerk, and jurisdiction in actions in law or equity, or law and equity, in which the amount in controversy is unlimited.

(c) Judicial Review.-A person whose application for naturalization under this title is denied, after a hearing before an immigration officer under section 336(a) , may seek review of such denial before the United States district court for the district in which such person resides in accordance with chapter 7 of title 5, United States Code. Such review shall be de novo, and the court shall make its own findings of fact and conclusions of law and shall, at the request of the petitioner, conduct a hearing de novo on the application.

(d) Sole Procedure.-A person may only be naturalized as a citizen of the United States in the manner and under the conditions prescribed in this title and not otherwise.



ȭ ٰ(Naturalizaton Authority) Ͽ ȭ ϰ ֽϴ. ȭû ʿ N-400 (INS form used to apply for naturalization) ϴµ, ̴ INS ϴ ȭûԴϴ.

3) ȭû(Qualification for Naturalization)

ڴ ȭ û ڰ .


1. ּ 5̻ ֱ ڷμ Ÿ ڰݿ (Who have been a permanent resident for at least 5 years and meet all other eligibility requirements)

2. ּ 3̻ ֱ ڷμ ̱ùα ڷμ û ڰݿ (Who have been a permanent resident for 3 years or more and meet all eligibility requirements to file as a spouse of a U.S. citizen)

3. ̱ ڰ 񽺸 ڷμ Ÿ ڰݿ (Who have qualifying service in the U.S. armed forces and meet all other eligibility requirements)

4. ̱ùα ̼ڳడ ؿܿ ϰ, ش ڳడ ؿܿ ̸ ڰݿ (Whose child may qualify for naturalization if he is a U.S. citizen, the child was born outside the U.S., the child is currently residing outside the U.S., and all other eligibility requirements are met).





ش Ƶ θ Ǵ θ ش Ƶ 18 ϱ ̱ùαڰ , ش Ƶ ̹ ̱ùαڰ ǾǷ ߰ ȭû ʿ ϴ(He or she may already be a U.S. citizen and not need to apply for naturalization if his or her biological or adoptive parent(s) became a U.S. citizen before her or she reached the age of 18).

4) ȭ

INA 316 INA: ACT 316 - REQUIERMENTS AS TO RESIDENCE, GOOD MORAL CHARACTER, ATTACHMENT TO THE PRINCIPLES OF THE CONSTITUTION, AND FAVORABLE DISPOSITION TO THE UNITED STATES


Sec. 316. [8 U.S.C. 1427]


(a) No person, except as otherwise provided in this title, shall be naturalized, unless such applicant, (1) immediately preceding the date of filing his application for naturalization has resided continuously, after being lawfully admitted for permanent residence, within the United States for at least five years and during the five years immediately preceding the date of filing his application has been physically present therein for periods totaling at least half of that time, and who has resided within the State or within the district of the Service in the United States in which the applicant filed the application for at least three months, (2) has resided continuously within the United States from the date of the application up to the time of admission to citizenship, (3) during all the periods referred to in this subsection has been and still is a person of good moral character, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the United States.

(b) Absence from the United States of more than six months but less than one year during the period for which continuous residence is required for admission to citizenship, immediately preceding the date of filing the application for naturalization, or during the period between the date of filing the application and the date of any hearing under section 336(a) , shall break the continuity of such residence, unless the applicant shall establish to the satisfaction of the Attorney General that he did not in fact abandon his residence in the United States during such period.

Absence from the United States for a continuous period of one year or more during the period for which continuous residence is required for admission to citizenship (whether preceding or subsequent to the filing of the application for naturalization) shall break the continuity of such residence except that in the case of a person who has been physically present and residing in the United States after being lawfully admitted for permanent residence for an uninterrupted period of at least one year and who thereafter, is employed by or under contract with the Government of the United States or an American institution of research recognized as such by the Attorney General, or is employed by an American firm or corporation engaged in whole or in part in the development of foreign trade and commerce of the United States, or a subsidiary thereof more than 50 per centum of whose stock is owned by an American firm or corporation, or is employed by a public international organization of which the United States is a member by treaty or statute and by which the alien was not employed until after being lawfully admitted for permanent residence, no period of absence from the United States shall break the continuity of residence if-

(1) prior to the beginning of such period of employment (whether such period begins before or after his departure from the United States), but prior to the expiration of one year of continuous absence from the United States, the person has established to the satisfaction of the Attorney General that his absence from the United States for such period is to be on behalf of such Government, or for the purpose of carrying on scientific research on behalf of such institution, or to be engaged in the dev elopment of such foreign trade and commerce or whose residence abroad is necessary to the protection of the property rights in such countries of such firm or corporation, or to be employed by a public international organization of which the United States is a member by treaty or statute and by which the alien was not employed until after being lawfully admitted for permanent residence; and

(2) such person proves to the satisfaction of the Attorney General that his absence from the United States for such period has been for such purpose.

The spouse and dependent unmarried sons and daughters who are members of the household of a person who qualifies for the benefits of this subsection shall also be entitled to such benefits during the period for which they were residing abroad as dependent members of the household of the person.


(c) The granting of the benefits of subsection (b) of this section shall not relieve the applicant from the requirement of physical presence within the United States for the period specified in subsection (a) of this section, except in the case of those persons who are employed by, or under contract with, the Government of the United States. In the case of a person employed by or under contract with Central Intelligence Agency, the requirement in subsection (b) of an uninterrupted period of at least one year of physical presence in the United States may be complied with by such person at any time prior to filing an application for naturalization.

(d) No finding by the Attorney General that the applicant is not deportable shall be accepted as conclusive evidence of good moral character.

(e) In determining whether the applicant has sustained the burden of establishing good moral character and the other qualifications for citizenship specified in subsection (a) of this section, the Attorney General shall not be limited to the applicant's conduct during the five years preceding the filing of the application, but may take into consideration as a basis for such determination the applicant's conduct and acts at any time prior to that period.

(f) (1) Whenever the Director of Central Intelligence, the Attorney General and the Commissioner of Immigration determine that an applicant otherwise eligible for naturalization has made an extraordinary contribution to the national security of the United States or to the conduct of United States intelligence activities, the applicant may be naturalized without regard to the residence and physical presence requirements of this section, or to the prohibitions of section 313 of this Act, and no residence within a particular State or district of the Service in the United States shall be required: Provided, That the applicant has continuously resided in the United States for at least one year prior to naturalization: Provided further, That the provisions of this subsection shall not apply to any alien described in clauses (i) through (v) of section 208(b)(2)(A) of this Act.

(2) An applicant for naturalization under this subsection may be administered the oath of allegiance under section 337(a) by any district court of the United States, without regard to the residence of the applicant. Proceedings under this subsection shall be conducted in a manner consistent with the protection of intelligence sources, methods and activities.

(3) The number of aliens naturalized pursuant to this subsection in any fiscal year shall not exceed five. The Director of Central Intelligence shall inform the Select Committee on Intelligence and the Committee on the Judiciary of the Senate and the Permanent Select Committee on Intelligence and the Committee on the Judiciary of the House of Representatives within a reasonable time prior to the filing of each application under the provisions of this subsection.



ȭ Ͽ , ռ, Ģ , 濡 ȣ (REQUIERMENTS AS TO RESIDENCE, GOOD MORAL CHARACTER, ATTACHMENT TO THE PRINCIPLES OF THE CONSTITUTION, AND FAVORABLE DISPOSITION TO THE UNITED STATES) θ鼭, 6 ⺻Ҹ ϰ ֽϴ.

ȭ 6 ⺻ (Six basic concepts) Ͽ 캸 ϴ.

) ü(Residence and physical presence),

INA 316(a) ϰ ֽϴ.


(a) , ŸƲ ޸ ϴ 츦 ϰ, ûڰ 찡 ƴϸ ȭ ϴ(No person, except as otherwise provided in this title, shall be naturalized, unless such applicant),

(1) ָ Ա㰡 ȭû ּ 5̻ ̱ Ӱϰ(immediately preceding the date of filing his application for naturalization has resided continuously, after being lawfully admitted for permanent residence, within the United States for at least five years),

ȭû 5 ּ Ⱓ ݿ ϴ Ⱓ ̱ üϰ(and during the five years immediately preceding the date of filing his application has been physically present therein for periods totaling at least half of that time),

û û ̱ Ǵ INS 繫 ּ 3 ̻ (and who has resided within the State or within the district of the Service in the United States in which the applicant filed the application for at least three months),

(2) ȭû ùα ε ̱ (has resided continuously within the United States from the date of the application up to the time of admission to citizenship),

(3) ׿ Ⱓ, ռ ߰ ߾ ڷμ(during all the periods referred to in this subsection has been and still is a person of good moral character), Ģ ϰ(attached to the principles of the Constitution of the United States), ̱ ູ ؼ ǻ簡 ִ (and well disposed to the good order and happiness of the United States).


̸ 캸, 켱 ȭ ûϰ ϴ ڴ ֱ(LPR that)μ ־ մϴ.

, ̷ ֱڴ ֿ Ͽ մϴ.


1. ּ 5 ̻(û), Ǵ 3 ̻() ؾ(Resided continuously for at least 5 years (applicant), 3 years (for spouse))

Ϲ ֱǽû 쿡 5, ȥΰ迡 ֱڴ 3Ⱓ ֿ ؾ մϴ.

̷ Ӱֿǿ ϴ Ⱓ ̱ (Absences), ؿܷ ⱹ , Ⱓ 6 ̸ Ӱֿ μ (Less than 6 months ok), Ⱓ 6 ̻ 1̸ 쿡 Ӱֿ ߴܵ ˴ϴ(more than 6 months, less than 1 year, presumptively breaks continuity of residence). , Ⱓ 1̻ 쿡 翬 Ӱֿ ߴܵ˴ϴ(more than 1 year, breaks continuity as a matter of law).

2. Ӱֿ Ⱓ(3 Ǵ 5) ̻ üؾ(Physically present for half the statutory period (3 or 5 years))

3. û û ϱ 3̻ û () Ͽ ϸ(Resided within jurisdiction where to file petition for 3 months prior to filing it), û κ ùα 㰡ϱ ̱ Ӱؾ(Applicant must reside continuously within U.S. from date of petition up to time of admission to citizenship)


) (Age)

ùα ûڴ ⺻ 18 ̻(18 years old or more)̾ մϴ.

18 ̸ ̼ Ļ ùα(Derivative citizenship) ϰ Ǵ , ش ̼ θ Ϲ ȭϿ ش ̼ ڳ ֱڷ Ա㰡 ް θ ̱ 쿡, ش ̼ڿ ؼ 5 ֿ 䱸 ʽϴ(when one parent is naturalized, but child must have been admitted as permanent residence and reside with parent in US, no 5 yr pd)

Ծ ̼ڳμ ùα θ Բ ̱ ϴ ڿ ؼ ڵ ùα ο˴ϴ(Automatic citizenship for adopted children residing in US with citizen parents)


) ǻɷ(Literacy);

ڴ , ɷ(education, English language proficiency) ־ ʿ ؾ մϴ.

1906 INA 312(a)(1),(2) ΰ (50 ̻̰ ̱ 20̻ , 55 ̻ 15̻ ) ϰ ùα ûڿ ǻɷ 䱸(As of 1906 with two exemptions for those over 50 (55) and living in US over 20 (15) years)

) ռ(GMC, good moral character),

ȭɻ ߿ ׸ شմϴ.

INA ס316(a), (e), 101(f) ùα ûڿ Good Moral Character 䱸մϴ. ̵ , ǰ(habitual drunkard, convictions) ռ ش ʴ մϴ(Statute gives you examples of what is not GMC).

ռ Ǵܱ Ǵ Ⱓ û 5ⰣԴϴ(Period is 5 years preceding date of application).

׷, , ߹(murder and aggravated felonies) ߹˵ ǰ 쿡 Ⱓ ϴ(Persons convicted of Aggravateed Felony, etc, at any ime).

INA 8 CFR section 316.10 ռ(Good moral character) Ʒ ΰ ֽϴ.


(a) Ⱓ ռ 䱸(Requirement of good moral character during the statutory period)

(1) ȭûڴ Ⱓ ڽ ռ ̸ ε ڶ ̶ ǹ ֽϴ(An applicant for naturalization bears the burden of demonstrating that, during the statutorily prescribed period, he or she has been and continues to be a person of good moral character).

̷ Ⱓ 漺 Ⱓ Ե˴ϴ(This includes the period between the examination and the administration of the oath of allegiance).


(2) INA section 101(f) , INS ׿ ŵ ҿ Ϲݽù Ͽ Ⱥ ռ մϴ(In accordance with section 101(f) of the Act, the Service shall evaluate claims of good moral character on a case-by-case basis taking into account the elements enumerated in this section and the standards of the average citizen in the community of residence).

INS û ൿ ش û 5Ⱓ ؼ ϴ Ϳ , Ⱓ û ñκ ȭ ־ٴ ݿ ʰų, ൿ û ִ 쿡, Ⱓ ñ⿡ ־ û ؼ ʷμ ֽϴ(The Service is not limited to reviewing the applicant's conduct during the five years immediately preceding the filing of the application, but may take into consideration, as a basis for its determination, the applicant's conduct and acts at any time prior to that period, if the conduct of the applicant during the statutory period does not reflect that there has been reform of character from an earlier period or if the earlier conduct and acts appear relevant to a determination of the applicant's present moral character).

(b) ռ Ῡ ߰(Finding of a lack of good moral character)

(1) û 쿡 ش 쿡, ش û ռ Ῡ Ǵܵ˴ϴ(An applicant shall be found to lack good moral character, if the applicant has been):


(i) ǰ (Convicted of murder at any time); Ǵ(or)
(ii) 1990.1129. INA section 101(a)(43) ߹˷ ǰ (Convicted of an aggravated felony as defined in section 101(a)(43) of the Act on or after November 29, 1990).



(2) Ⱓ û ׿ شϴ 쿡, ش û ռ Ῡ Ǵܵ˴ϴ(An applicant shall be found to lack good moral character if during the statutory period the applicant):


(i) ġ , ź ϴ ϳ ̻ ˸ μ, ̸ ش ûڰ ǰ , , INA section 212(a)(2)(ii)(II) 츦 մϴ(Committed one or more crimes involving moral turpitude, other than a purely political offense, for which the applicant was convicted, except as specified in section 212(a)(2)(ii)(II) of the Act);

(ii) ̻ μ, û ̸ ǰ ް, 5̻ . , ش ؿܿ 쿡 ش ġ ƴϾ մϴ(Committed two or more offenses for which the applicant was convicted and the aggregate sentence actually imposed was five years or more, provided that, if the offense was committed outside the United States, it was not a purely political offense);

(iii) õ ü ̿, , ܱ . , ش 30g ȭ ܼ ѹ մϴ(Violated any law of the United States, any State, or any foreign country relating to a controlled substance, provided that the violation was not a single offense for simple possession of 30 grams or less of marijuana);

(iv) Ǵ Ÿ ü μ, ǿ , , ü Ǵ ǰ INA 316.10(b)(2)(i), (ii), or (iii) Ǵ ü ڹϴ (Admits committing any criminal act covered by paragraphs (b)(2) (i), (ii), or (iii) of this section for which there was never a formal charge, indictment, arrest, or conviction, whether committed in the United States or any other country);

(v) ϳ Ǵ ټ ǰῡ 180ϰ ó ݵǾų Ǿ ִ (, ̷ ġ ̱ܿ ǰ ̱ܿ ݵ 츦 մϴ)(Is or was confined to a penal institution for an aggregate of 180 days pursuant to a conviction or convictions (provided that such confinement was not outside the United States due to a conviction outside the United States for a purely political offense));

(vi) INA ޱ μ, ش ϰ ̹ ޱ ǵ ̷ ; ̷ ѱ ش 𿡼 , ϰ ̷ ش û ϴ ڰ û̵ ٸ ̵ ڰ ̶ ǹ̿, ߴ θ ҹϰ ˴ϴ(Has given false testimony to obtain any benefit from the Act, if the testimony was made under oath or affirmation A solemn declaration given in place of a sworn statement by a person who conscientiously objects to taking an oath.
and with an intent to obtain an immigration benefit; this prohibition applies regardless of whether the information provided in the false testimony was material, in the sense that if given truthfully it would have rendered ineligible for benefits either the applicant or the person on whose behalf the applicant sought the benefit);

(vii) INA section 212(a)(2)(D) ̳ Ÿſ õǾų (Is or was involved in prostitution or commercialized vice Sex offenses of a commercialized nature, such as prostitution, keeping a bawdy house, procuring, or transporting women for immoral purposes. Attempts are included.
as described in section 212(a)(2)(D) of the Act);

(viii) INA section 212(a)(6)(E) ̱ Ա õǾų (Is or was involved in the smuggling of a person or persons into the United States as described in section 212(a)(6)(E) of the Act);
(ix) ȥ Ͽų (Has practiced or is practicing polygamy);
(x) û ǰ 2ȸ ̻ ڰ (Committed two or more gambling offenses for which the applicant was convicted);
(xi) ҵ ַ ҹ (Earns his or her income principally from illegal gambling activities); or
(xii) ̰ų ̾ (Is or was a habitual drunkard).


(3) ռ Ῡ

޸ 氨 , û Ⱓ 쿡 شϴ ش û ռ Ῡ (Unless the applicant establishes extenuating circumstances, the applicant shall be found to lack good moral character if, during the statutory period, the applicant):

(i) ߴ Ƿ Ǻξڸ ξ ʰų ź (Willfully failed or refused to support dependents);
(ii) ȥ ı ִ ȥο 踦 (Had an extramarital affair which tended to destroy an existing marriage); Ǵ(or)
(iii) û ִ ҹ ϰų, ׷ ǰ ްų ݵǾ . ش INA 316.10(b) (1) or (2) ʴ մϴ(Committed unlawful acts that adversely reflect upon the applicant's moral character, or was convicted or imprisoned for such acts, although the acts do not fall within the purview of 316.10(b) (1) or (2)).


(c) ü ȿ ռ (Proof of good moral character in certain cases)

(1) ȣ Ǵ ȿ(Effect of probation or parole).

Ⱓ Ǵ Ϻ ȣ, , Ǵ ߿ ִ û ̷ ռ ϴ ƴϳ, ̷ ȣ, Ǵ INS ռ ϴµ ֽϴ. ش û ̷ ȣ, Ǵ Ϸ İ ƴϸ 㰡 ʽϴ(An applicant who has been on probation, parole, or suspended sentence during all or part of the statutory period is not thereby precluded from establishing good moral character, but such probation, parole, or suspended sentence may be considered by the Service in determining good moral character. An application will not be approved until after the probation, parole, or suspended sentence has been completed).

(2) ϰ Ǻ (Full and unconditional executive pardon)

(i) Ⱓ(Before the statutory period)

ϰ Ǻ Ⱓ û, ش û ش Ⱓ ȸ ̷ٴ Ҹϸ, ռ ϴµ INA 316.10(b)(1) ʽϴ(An applicant who has received a full and unconditional executive pardon prior to the beginning of the statutory period is not precluded by 316.10(b)(1) from establishing good moral character provided the applicant demonstrates that reformation and rehabilitation occurred prior to the beginning of the statutory period).

(ii) Ⱓ (During the statutory period)

Ⱓ ϰ Ǻ û ռ ϴµ INA 316.10(b)(2) (i) and (ii) ʽϴ. , û ڽ ռ ִ 氨 Ǵ å Ҹϴ 쿡 մϴ(An applicant who receives a full and unconditional executive pardon during the statutory period is not precluded by 316.10(b)(2) (i) and (ii) from establishing good moral character, provided the applicant can demonstrate that extenuating and/or exonerating circumstances exist that would establish his or her good moral character).

(3) (Record expungement)

(i) (Drug offenses.)

û INA section 212(a)(2)(A)(i)(II) section 241(a)(2)(B) (ż ) õ ڽ , ش û INA 316.10(b)(2)(ii) ؼ ֿ ǰ ֵǰų, ݵǾ 쿡 INA 316.10(b)(2)(iv) ؼ ǰ ݵǾ ֵ˴ϴ(Where an applicant has had his or her record expunged relating to one of the narcotics offenses under section 212(a)(2)(A)(i)(II) and section 241(a)(2)(B) of the Act, that applicant shall be considered as having been convicted within the meaning of 316.10(b)(2)(ii), or, if confined, as having been confined as a result of conviction for purposes of 316.10(b)(2)(iv)).

(ii) ź(Moral turpitude)

Ⱓ ̻ ź˸ Ͽų ڹ , ش ܱ, ش ǰ ҵǾ, ռ մϴ(An applicant who has committed or admits the commission of two or more crimes involving moral turpitude during the statutory period is precluded from establishing good moral character, even though the conviction record of one such offense has been expunged).






) Ģ (Attachment to constitutional principles),

INA 316(a), INA section 313(a)(4) ùα ûڰ 䱸մϴ.

, Ÿ ü ׷ , ǹ (Communism, or other totalitarian groups, Deserters of the armed forces) ؼ ùα ο ʽϴ.

) 濡 ȣ (FAVORABLE DISPOSITION TO THE UNITED STATES)

8 CFR 316.11 ѹ ; ȳ翡 ȣ (Attachment to the Constitution; favorable disposition towards the good order and happiness) ϰ ֽϴ.

(a) Ϲ(General)

ȭû Ⱓ ڽ Ģ ؿԴٴ ȳ翡 ȣ Դٴ ؾ մϴ(An applicant for naturalization must establish that during the statutorily prescribed period, he or she has been and continues to be attached to the principles of the Constitution of the United States and favorably disposed toward the good order and happiness of the United States). ̶ ̸ Ȯ մϴ(Attachment implies a depth of conviction which would lead to active support of the Constitution).

ȣ µ õǸ, ⺻ ¿ û̳ ҽϴ ûο ùα ϴ մϴ(Attachment and favorable disposition relate to mental attitude, and contemplate the exclusion from citizenship of applicants who are hostile to the basic form of government of the United States, or who disbelieve in the principles of the Constitution).

(b) ȭ ȭ ȣ(Advocacy of peaceful change)

ּ, û, , ǥ , ̷ ̷ , ȭ ܿ ؿ մϴٴ ҸϿ, (a) Ϲ ؾ մϴ(At a minimum, the applicant shall satisfy the general standard of paragraph (a) of this section by demonstrating an acceptance of the democratic, representational process established by the Constitution, a willingness to obey the laws which may result from that process, and an understanding of the means for change which are prescribed by the Constitution).

ġ ȭ ߱ Ǹ, ߱ϴ ȭ θ ϰų ٸ θ ϰ ϴ 찡 ƴ 쿡, (a) ذ մϴ(The right to work for political change shall be consistent with the standards in paragraph (a) of this section only if the changes advocated would not abrogate the current Government and establish an entirely different form of government).

(c) Ǵ ü (Membership in the Communist Party or any other totalitarian organization)

̳ Ÿ ü ü ̰ų, ̾ų, Ǿ ִ û, ޸ û INA section 312, 335 8 CFR 313.4 ϸ, ȭ ϰ ˴ϴ( An applicant who is or has been a member of or affiliated with the Communist Party or any other totalitarian organization shall be ineligible for naturalization, unless the applicant's membership meets the exceptions in sections 313 and 335 of the Act and 313.4 of this chapter







漺(Oath of allegiance )

USCIS ش û ȭû ϰ Ǹ, ش û ȭĿ Ͽ 濡 漺 Ͽ մϴ(If USCIS approves your application for naturalization, you must attend a ceremony and take the Oath of Allegiance to the United States).

USCIS ȭ Ͻø ݴϴ(USCIS will notify you by mail of the time and date of your ceremony). USCIS ȭ մϴ(The notice USCIS sends you is called the "Notice of Naturalization Oath Ceremony"). δ USCIS û ͺ ñ
← End



[Title]
XIII. ùαǰ ȭ (CITIZENSHIP & NATURALIZATION)



  
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  40 →   M. Ա ߹(Deportability)  
  39 →   IV. ߹ Ŵ  
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