News
File your naturalization application soon, if you want to vote in the November elections
New York Daily News — The Tenth Annual CUNY/Daily News annual Citizenship NOW! Call-in is a terrific success.
We have already answered more than 100,000 call since the program began. The call-in ends Friday, so you have just three days left to call us with your questions about citizenship and immigration law. Lines are open form 9:00 a.m. to 7:00 p.m. For answers to your questions in English and dozens of other languages, call 212-857-6221. Spanish speakers call 212-857-6225. Callers with hearing or speach difficulties can TTY/TTD number,212-221-2465.
Call for information about the law and/or for referral to a not-for-profit agency or an attorney referral service. Besides the Daily News, the City University of New York, and media partner Univision, this year’s call-in sponsors include the American Immigration Lawyers Association, the Legal Aid Society, Cisco, Gristedes, WADO 1280 AM, La Que Buena 92.7 and BlueWater, a Presidio Company. You can learn more about the call-in at the Daily News website, www.nydailynews.com and the CUNY Citizenship Now! website, www.cuny.edu/citizenshipnow.
Today I answer some of the common questions we’ve received at this year’s call-in.
Q. If I file my naturalization (application) now, will I be able to vote in the November elections?
A. If you file your application by May, you have a good chance of being able to vote in November. The U.S. Citizenship and Immigration Services is taking about five months from filing to swearing-in of a new U.S. citizen. In New York, most U.S. citizens have until Oct. 12 to mail in their voter registration card. If you naturalize after that date, you have until Oct. 26, but you must register in person. However, according to Stan Mark, senior staff attorney at the Asian American Legal Defense and Education Fund, if you naturalize after Oct. 12, to register you need to bring your naturalization certificate to the Board of Elections office in your borough. If the staff there is unfamiliar with the rules, refer them to New York Election Law 5-210(4).
Q. Will Congress finally pass a Dream Act for undocumented students this year?
A. I doubt it. The Dream Act is the proposal to provide a path to U.S. citizenship for undocumented students. Depending on whether immigrant U.S. citizens and their communities come out to vote in November, the Dream Act could become law in late 2014. A New York State DREAM Act, providing financial aid for undocumented students, could become law in 2013.
The federal Dream Act would grant temporary legal status and employment authorization to an undocumented immigrant who came here before the age or 15 or 16. It depends on what version becomes law. The person would need to be under 30 when the President signed the Act into law. Then, to get permanent residence, an applicant would need to have completed two years of college or served two years in the military. President Obama supports a Dream Act as just described. Candidate Romney seems willing to support a version that requires military service, but that may change in the coming months.
The New York State Dream Act would allow undocumented students to receive financial aid under the Tuition Assistance Program (TAP) and to open college savings accounts. It is similar to the recently enacted California DREAM Act. The students must have graduated from a New York State high school. Supporters were disappointed that the New York Dream Act wasn’t included in this year’s budget legislation. My guess is that with some thoughtful modifications, we might see New York State Dream Act legislation become law next year.
Q. I was abroad for eight consecutive months. I am a permanent resident and I want to naturalize. Will my lengthy trip keep me from becoming a U.S. citizen?
A. If you have had only one such lengthy trip since becoming a permanent resident, you likely can naturalize.
To become a U.S. citizen, you must prove that you never abandoned your U.S. residence. Also, you must prove that you have resided continuously in the United States for five years, three years under the special rules for the spouse of a U.S. citizen.
With trips abroad of six continuous months or more, the United States Citizenship and Immigration Services can make you prove that you did not give up your U.S. residence. If the trip was two or more years ago, it is less likely that a USCIS naturalization will give you a hard time about it. If it was more recent, you should be prepared to explain why you were abroad so long. Also, you may want to provide proof that the United States remained your residence. That’s particularly important if the trip was in the last year. The USCIS examiner may suspect that you moved abroad and just came back to secure your U.S. citizenship. Proof of U.S. residence might include your having maintained a bank account and living address here, or that you returned to work before filing your naturalization application.
By Allan Wernick