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These three charts, updated on July 19, 2022, outline the different requirements for acquiring and deriving citizenship. Because the law governing acquisition and derivation has changed many times and is generally not retroactive, these charts detail what the eligibility requirements are depending on the time period in question. Each chart has extensive footnotes that provide explanations about the legal requirements, possible arguments where there is any ambiguity, and cites to further resources.

On July 14, 2022, the ILRC submitted a comment to USCIS about Form N-400, Application for Naturalization. ILRC requested that USCIS revise Form N-400 to be shorter and to request information that is only relevant to eligibility for naturalization. ILRC also encouraged USCIS to do away with its practice of re-adjudicating underlying forms at the naturalization stage – a practice that is burdensome in time and resources and discourages eligible Lawful Permanent Residents from engaging with the naturalization process.

This advisory describes the various ways that persons with disabilities can navigate the naturalization process, including requesting accommodations, seeking an N-648 disability waiver of the English/civics requirement, and applying for an oath waiver. The advisory describes recent changes to the USCIS’s policy manual and upcoming changes to the N-648.

The ILRC wrote to USCIS advocating for changes in the USCIS Policy Manual on requirements for naturalization oath waivers and accommodations. USCIS’s Policy Manual guidance unnecessarily restricts oath waivers to person who have certain U.S. citizen relatives or a court-ordered legal guardian or surrogate, a requirement that does not exist in statute or regulation. 

The ILRC submitted these recommended priorities to USCIS for improvements to the USCIS Policy Manual. This letter follows our list of USCIS Policy Manual recommendations provided to USCIS on September 2, 2021 (available here: https://www.ilrc.org/sites/default/files/resources/ilrc_uscis_pm_suggestions.pdf). While every change we suggested is important, a few have become more urgent as they are needed immediately to prevent further erroneous denials of benefits to immigrants and unnecessary chilling effects. The following priorities were gathered after conversations with partners across the country, and in direct response to requests from immigration practitioners and community members who are seeing benefits denied in the meantime. Furthermore, these changes will help rectify the Trump administration’s policies, increase access to immigration benefits, and reduce backlogs.

In certain immigration cases, you may want to submit a Freedom of Information Act (FOIA) request to the U.S. Department of State (DOS), such as to try to find information about previous visa applications and passport records. This Practice Advisory will go over the DOS FOIA process in detail and provide practice tips for obtaining personal records from them, including best practices.

A FOIA request can be an invaluable tool in immigration law to help an immigrant and their representative gain a complete understanding of one’s immigration history. This guide details how to complete a FOIA request for USCIS, ICE, OBIM, and CBP. It provides step-by-step instructions on how to complete Form G-639 and also  includes tips about alternatives to Form G-639, such as online submission options.

On November 5, 2021, the ILRC participated in comments to USCIS with the Naturalization Working Group concerning proposed revisions to the N-648 form for Medical Certification for Disability Exception for naturalization applicants. The form revisions overall represent an improvement over prior versions by shortening the form and eliminating irrelevant questions. The comment also  urges USCIS to withdraw 2018 – 2020  changes to volume 12 of the USCIS policy manual that continue to unnecessarily limit eligibility for disability waiver  applicants.

The ILRC, along with 96 international and national organizations, urge the Department of Homeland Security (DHS) to halt the use of denaturalization, a racialized and criminalizing tactic to determine who belongs in the United States.

The ILRC submitted comments to the U.S. Department of State (DOS) on October 14, 2021. DOS had solicited public input on recommendations for changes needed at the agency in a federal register notice on September 16, 2021.

The ILRC wrote this document to provide recommendations for changes to the Policy Manual that USCIS can immediately implement to rectify the previous administration’s policies, increase access to immigration benefits, and reduce backlogs.

ILRC submitted this comment to commend USCIS on the recent update to the USCIS Policy Manual, entitled “Assisted Reproductive Technology and In-Wedlock Determinations for Immigration and Citizenship Purposes.” We applaud USCIS on this update and clarification, which was necessary to comport with evolving reproductive technology and address disparate treatment under previous guidance. The change will improve the fair interpretation of “wedlock” in acquisition of citizenship cases and help ensure access to citizenship for all who qualify.

The Liberian Refugee Immigration Fairness Act (LRIF) created a limited-term program allowing many Liberians living in the United States to apply for permanent residence. Initially, LRIF’s application period opened on December 20, 2019 and was set to expire on December 20, 2020. On January 3, 2021, however, Congress passed the Consolidated Appropriations Act 2021, extending the application period for LRIF for another year, until December 20, 2021.

While the immigration field has long explored how to provide legal services to underserved communities, determining how to deliver high quality services remotely became a universal concern during the COVID-19 pandemic. Now, as organizations gradually return to in-person services, some are exploring how to integrate remote practices into this changed landscape. In this practice advisory, we review the ongoing impact of the pandemic on immigrant communities, U.S. Citizenship and Immigration Services (USCIS), and immigration legal service agencies. We also provide lessons learned from agencies across the country that are continuing to think expansively about how to incorporate remote services to meet clients’ needs.

In July 2021, African Communities Together, the UndocuBlack Network, and the Immigrant Legal Resource Center submitted a memo to USCIS outlining the reasons that an expired Liberian passport should be considered primary evidence of nationality for LRIF eligibility.

 ILRC submitted this comment in response to the recent update to the USCIS Policy Manual, entitled “Naturalization Eligibility and Voter Registration Through a State’s Benefit Application Process,” issued May 27, 2021, and effective immediately. ILRC wrote to commend USCIS on the addition of this update, suggest edits to the wording of the false claim ground to better reflect the law and avoid unintended expansion of this already broad ground, and encourage USCIS to include similarly limiting language in Volume 8 regarding the false claim and unlawful voting grounds of inadmissibility.

Various pieces of legislation have been introduced in the US Congress in 2021 designed to provide immigration relief to certain members of the undocumented community.  In this resource, we provide a comparison of key provisions of some of these bills.  The ILRC applauds the leadership and organizing of immigrant communities who have bravely fought for years to ensure these proposals for relief are considered by Congress and that all members of our communities can live with dignity.  These bills are important steps forward in addressing the inequities in our immigration system, however the ILRC believes that legislative proposals should be fully inclusive so that individuals who have had contact with the criminal legal system are not disqualified for relief.      

In 1994, Congress established an exception to the English and civics testing requirements for applicants

On January 1, 2021, multiple California criminal reform laws took effect. These laws were passed to help all defendants regardless of immigration status, but they can be of special help to noncitizens. Advocates should understand how these laws may help a client’s immigration case. They include: