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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 l.jpg

Immigration

Office of the Staff Judge Advocate

Camp Pendleton, CA

Gena Moreno

Immigration Paralegal Specialist


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Topics

  • Presidential Executive Order

  • Requirements – DOD v USCIS

  • Process Local Level & INS Level

  • Benefits for Family Members


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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


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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


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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


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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


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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


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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


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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


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District Level

Last audit is conducted & Interview is scheduled.

- Interview

- Test

- Oath


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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.


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Benefits for Family Members

  • Spouse

    • Adjustment of Status under Sec 245i

    • Petition if spouse is overseas

  • Children

    • Petition

  • Parents

    • Petition

  • Siblings

    • Petition


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QUESTIONS???

Gena Moreno

Immigration Paralegal Specialist

[email protected]


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