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Immigration. Office of the Staff Judge Advocate Camp Pendleton, CA. Gena Moreno Immigration Paralegal Specialist. Topics. Presidential Executive Order Requirements – DOD v USCIS Process Local Level & INS Level Benefits for Family Members . Background.
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Immigration Office of the Staff Judge Advocate Camp Pendleton, CA Gena Moreno Immigration Paralegal Specialist
Topics • Presidential Executive Order • Requirements – DOD v USCIS • Process Local Level & INS Level • Benefits for Family Members
Background • 1999 – DOD & INS Streamlined the processing of Naturalization for military Service-Members. • July 3, 2002 – President Bush Signed Executive Order • Key points of the Executive Order are - Executive Order makes honorably serving AD members eligible immediately - Members must be serving/served on active duty on Sept 11, 2001 or later - Waives the 3 years Residency Requirement
Background • Recent legislation called for additional benefits to member of the military. These benefits went into effect on October 1, 2004 • No fees will be charged when filing for naturalization • Naturalization process is available overseas at U.S. Embassies & consulates
General Naturalization Requirements • Legal Permanent Resident • Must be at least 18 years old • Demonstrate Good Moral Character • Demonstrate knowledge of the English language • Demonstrate knowledge of U.S. Government and history Demonstrate attachment to the United States by taking an oath of allegiance to the United States Constitution
Process • Attend a Naturalization Class • Every Thursday @ Bldg 22161 1430 • Cover all paperwork • N-400 Application for Naturalization • N-426 Request for Certification of Military or Naval Service • G-325 Biographic Information
Additional Documentation • 2 Color Photos (Passport) • Copy of applicants I-551 (Green Card) • Proof of Selective Service Number for all males 18-26 • Copy of DMV Report/Police Record/Court Records if any incidents were reported on part 10 of the N400
Local Process • Review entire package • Application is then submitted to National Service Center in Lincoln Nebraska with commands endorsement which is provided by the Joint Legal Assistance Office • Notifications from INS • Preparation for final interview & oath • Copy of INS’s Study Guide is provided to each applicant
National Service Center Lincoln, Nebraska Data Base #A is Ordered From NRC to District Office NSC FBI Name Check Goes to a Supervisor for Adjudication Fingerprints Reviewed within 3 weeks of filing I-797C is mail to applicant
District Level Last audit is conducted & Interview is scheduled. - Interview - Test - Oath
Interview • Review of N400 question/elaborate on answers given • Tested on History & Civics • INS provides a 100 sample question on U.S History & Civics Study Guide. Applicant is asked 10 and must answer 60% correctly • Oath is given if applicant is successful in passing both the interview & test.
Benefits for Family Members • Spouse • Adjustment of Status under Sec 245i • Petition if spouse is overseas • Children • Petition • Parents • Petition • Siblings • Petition
QUESTIONS??? Gena Moreno Immigration Paralegal Specialist MorenoGM@Pendleton.USMC.mil