#naturalization

Petition for Naturalization for Antonio Rudolfo Quinn

Record Group 21: Records of District Courts of the United StatesSeries: Petitions for Naturalization

Essential Question:

Birthright citizenship has been the law of the land for over a century, but is there merit in the idea that people born in the United States should be required to pass a citizenship test or else face expulsion?

Do Now:

Students individually reflect upon the following questions: What should be the basic requirements for a resident of the United States to be granted legal citizenship in all of its rights and privileges? Reconstruct your family history in the US to the best of your unprepared ability. How many generations of your family were born in US territory? What countries do your direct ancestors come from before that? What did your ancestors have to do in order to become citizens?

Class Discussion:

Ask your students how many of them are familiar with Dragon Ball [Z/Super/Daima/Legends/Heroes/GT/ZAbridged].

Discuss the following:

Which characters are the ones you would most trust to have as a defender of the Earth?

Out of them, how many of them were born on Earth?

How many of them had parents who were all born on Earth?

For the characters who were immigrants to Earth, what did it take for them to consider themselves as Earthlings?

(Exemplar answers below the cut)

After considering all of this, what do you think should be required of an immigrant in order for them to be granted citizenship in all of its rights and privileges?

Direct Instruction:

If the textbook is lacking in information, you can borrow from this 5 minute read here about the history of naturalization in the US. Basically, for most of our history before 1906, all you had to do to become a citizen was live in the country for a few years, then convince a court that you were of “good moral character.” This was not standardized, and it sounds very… subjective. It’s easy to imagine racist courts declaring that Irishmen could never become citizens, let alone any people of color. The racism became institutionalized with the Immigration Act of 1917, which first required that the court ask US civics questions of applicants as part of the process. These questions were not standardized, so an applicant could be failed for something like “How high is the Bunker Hill monument?” They also had to prove English language written literacy for the first time, which was absolutely meant to limit the number of successful applicants from non-Anglophone countries. A subsequent act in 1927 instituted national quotas; this had specifically racist, eugenicist intentions. These quotas remained in effect (with some exceptions) until they were (basically) abolished in 1965.

But germane to today’s lesson, the modern citizenship test was standardized in 1952; the test remains basically the same today, and it goes like this. After living in the United States as a lawful permanent resident for 5 years (or 3 years if married to a citizen), they may fill out a form declaring intent to naturalize.

Sidenote, but I genuinely love how it’s called a “green card” as if we're living in an early 1990s videogame. You cannot be a lawful permanent resident unless you have a green card.

6-9 months after the form is accepted, the applicant has to take the exam. This is done in-person. There is still an English language proficiency written and oral exam (when my mom took the test in 1999, she got to skip it because she was English). They also have to answer 10 civics/history questions, chosen at random from a list of 100. This is an oral exam. Of the 10 questions, at least 6 must be answered correctly. If they fail, they can try again in another 6+ months, but if they fail a second time then the process becomes more difficult and complicated.

Guided Activity:

Students form partner groups, where one is the Interviewer and the other is the Applicant. The interviewer is given the downloadable PDF of 100 very similar test questions, and must randomly (using dice/app/web) select questions one at a time to deliver to the Applicant. If the Applicant successfully answers at least 6 questions, they are granted citizenship and given a sticker. If they fail, they should reflect upon this. Switch roles.

Higher Order Learning:

Following the activity, students write a reflection about the bar of difficulty to pass the naturalization test. Is it fair that applicants must pass an oral exam? What if they are too nervous and they forget? Why is English language proficiency essential to citizenship? How come people born in this country are not obligated to know all of this information? Should they be?

Finally, students must provide an answer to the Esssential Question of this lesson. No one is directly stating that a lawful permanent resident faces expulsion if they cannot pass the Naturalization oral exam, but let's assume that there are many who agree with that sentiment. What if the tables are turned? Should ALL US citizens, whether or not they were born in US territory, be subject to this test or face the prospect of expulsion to whatever country one or more of their ancestors came from? Now that they have some idea of what different immigrants to the US have had to go through for centuries, they should consider this proposal.

Lore Legalese!

Where this lawyer who has a fair amount of hyperfixations gets to geek out about the legal elements, complications and ramifications present in her favorite TV shows and film.

Today we are talking about a show that is singlehandedly responsible for the revitalization of romance and hockey:

Heated Rivalry!!!!

And specifically, how bad Ilya Rozanov needs an attorney.

Vol. 1.5: Ilya Rozanov's Long Long Road to Citizenship

Do take note that this is vol. 1.5. The true first Lore Legalese post can be found here. This was long ago and for some reason I haven't been able to come up with something else to go all legal eagle on. Thanks to @justhereforthepies for the kick in the pants to finally make this an actual series. See their posts about navigating the Canadian immigration system here and here.

First off, if you didn't already know. . . law school makes you sick in the head. In all sense of the phrase.

Yes the law attracts certain personalities. Us lawyers are not a monolith. But lots of us are type A. And the vast majority of us are wonderful, respectable people when we start the journey.

I'm not bashing lawyers here.

One of the most important things that you learn in law school is how to "think like a lawyer." Lots of you have probably heard that phrase before. To non-lawyers, this probably sounds really fucking pompous, arrogant and elitist. (It actually is all of those things a bit. Because history. Although one thing that was constantly drilled into me during my legal education is explain and understand the law in a simplistic and understandable way. So we're working on it! At least I am.)

But in reality "thinking like a lawyer" just means use analytical reasoning (technically it's analogical reasoning but I've never fucking heard of that until law school, so I'll use it's counterpart here. It's practically the same thing). So all of you weirdos who are overanalyzing every second of your favorite IP, you all could be attorneys if you were stupid enough to accrue a shit ton of debt and subject yourself to unnecessary stress and increase your chances of developing alcoholism.

But back to what you are here for. . .

When Ilya suggested that he marry Svetlana to secure a U.S. Passport, you better fucking believe every lawyer who watched that perked the fuck up. And proceeded to roll their eyeballs. I know there are lots of us who were celebrating the Holladays with our favorite hockey players. We are human. We survive on escapism.

Because even with a good attorney, Ilya is gonna have to wait a while longer for that all powerful U.S. passport.

Let's dive right in, shall we?

I. Entry into the United States

Ilya Rozanov first arrived in the United States in December 2008 for the International Prospect Cup. He's 17 years old.

Here he probably enters on some type of visitors visa. Probably a B-1 visa, which is a temporary visa for business. It is valid for 6 months.

Context: Under the Visa Waiver Program (VWP), nationals of select countries are able to travel between said countries without applying for a traditional visitors visa and are allowed to stay in that country for 90 days. VWP started in July 1988. On November 17, 2008, the VWP expanded, adding 8 countries to the list. Russia was not one of them. 'Till this day Russia is not a country falling under VWP. Because history.

Context: As a Russian national, given U.S.-Russian relations, he likely would have had to petition for his visa outside of Russia, in some third country.

B-1 visas are great when you want to go on vacation. Or in Ilya's case play amature hockey. But there is one very crucial problem with a visitors visa.

You can't work.

Well, plenty of people do work on visitors visas. That's hella illegal. When you enter a country you are not a citizen of you need to have permission to work.

II. Setting Roots in the U.S.: Transferring To P-1A

The record is murky regarding Ilya's whereabouts between December 2008 and May 2009 when he attends the MLH draft. He could have been in the U.S. or more likely, he probably went back home. But technically he had permission to remain in the US for 6 months. Assuming that his visa didn't expire prior to the draft he technically would have been in status.

But that all about to change because. . .

Ilya becomes the first round pick in the MLH draft for the Boston Raiders.

He's gonna be making a shit ton of money.

Good news for him: He's an athlete.

Generally, there are 2 options for most athletes who come to the U.S. to play professional sports:

P-1A Visa: A P1-A visa is a visa specifically created for people coming into the United States with the sole purpose of competing in athletic competition. For individual athletes these visas can be granted for as long as it takes to "complete the event, competition, or performance," NOT EXCEEDING 5 years. The visa may be extended in increments of up to five years, but the total stay allowed is 10 years.

O-1A Visa: The O-1A visa, also known as the Einstein visa is a visa for people of "extraordinary ability" in a variety of areas, including athletics. This visa has much more stringent requirements compared to the P-1A Visa because you have to prove that you are extraordinary. Which Ilya totally is, but I personally wouldn't waste my breath trying to convince United States Citizenship and Immigration Services (USCIS) of that. Mostly because an O visa's initial period of stay is a maximum of 3 years and it can only be extended for a maximum of 1 year.

Ilya is here to be the best hockey player of all time. Not the greatest for four years.

So, we are going to assume that Ilya has a P-1A Visa.

Both of these visas are employment-based visas, meaning that an employer petitions on behalf of the employee. In Ilya's case, this means that this would be included as part of his sign-on package. The visa would also carry the duration of the length of the contract and be extended in tandem with every new contract he signs with the Raiders.

Great, so now Ilya is in the U.S. and he can stay as long as he is employed by an MLH team and make a whole lotta money while being here.

Here is where it gets complicated.

P-1A visas have very fast processing times (anywhere from 15 days to 4 months). Trust that 4 months is a fucking dream in comparison to other people waiting for other types of visas.

The next step is to try to adjust to legal permanent residency.

The problem is, you can't go directly from an P-1A visa to becoming a legal permanent resident (LPR) aka a green card holder. This is because a P-1A is still a temporary visa. However, unlike a B1 visa, most employment-based visas are dual intent, meaning that you can apply for permanent status while maintaining status on your P-1A visa.

Nevertheless, you can't directly adjust off of a P-1A visa. So let's look at other avenues!

Ilya isn't married, and he has no U.S. relatives, so family based petitions are out of the question.

His best bet is a type of visa with familiar terminology. . .

EB-1A Visa: "EB" stands for Employment Based. The 1 indicates it is a first preference visa. This visa is available to three classifications of people. Most relevant here is the first group: those with extraordinary ability. The description is pretty much identical to that of the O visa.

But wait a minute.

You said earlier that the P-1A visa was preferable because the O-1 requirements were more difficult to meet. But if definitionally the EB-1 and the O-1 are the same, isn't it more beneficial to have an O visa when applying for an EB-1.

Well. Yeah.

The problem is that Ilya probably would have had a harder time demonstrating his extraordinary nature in 2009 as a 17-year-old from Moscow.

But 2014 Ilya Rozanov, Stanley Cup winner at the height of his game, he's pretty fucking extraordinary.

He would probably be eligible.

The EB-1A Visa has 10 criteria that help determine eligibility. The applicant must meet at least 3 of them OR provide evidence of a one-time achievement.

My guy won the fucking Stanley Cup. That's a fucking achievement.

Standard processing time for an EB-1A can take anywhere from 6 to 12 months or even longer. But Ilya could just pay for the 15-day express processing. . . so, you know. . ..

Assuming he gets approved for the EB-1A Visa we can now move on to the next step. . .

III. Adjustment

Once Ilya receives his EB-1A Visa, he can file for adjustment to get his green card.

There is one more hurdle though. . . The dreaded Visa Bulletin.

The Department of State creates the Visa Bulletin to indicate when people who apply for visas and seek to adjust status can receive their visa and adjust. These dates are based on congressional limits on the number of people who can make final action on their visas.

It's complicated.

Basically, you can't get a visa until Congress tells you you can get an employment or family based visa.

The good news about having a first preference visa is that they are the most likely to be current. So, assuming that Ilya applied for his EB-1A shortly after he won the Stanley cup in 2014 (say October), his priority date (the date that the feds received his application. Not his approval date) would be available instantly. Yes I looked up the 2014 visa bulletin. We are in the fucking thick of it.

Therefore, he could file for adjustment as soon as his visa gets approved.

Here is where Ilya hits a snag though.

There is no rush processing for LPR adjustment. I can't see how long it took for an I-485 (the adjustment application) to be approved in 2014, but currently these applications take a while, averaging 14 months.

Now the processing time is location specific. Some locations take less time than others. Considering Ilya primarily resides in Boston, I'd imagine it's on the longer side.

But after this hurdle, it's easy sailing!

IV. Naturalization

We finally made it to the end of the road y'all!

In order to get a U.S. passport, you must be a U.S. citizen (not really but we don't have time for that!).

A LPR may naturalize after 5 years of maintaining LPR status, so long as they meet the following requirements:

Continuous residence for the 5 years preceding the application;

At least 30 months of physical presence in the U.S. during that 5 year span;

Good moral character during that 5 year span;

Be able to read, write and speak basic English;

Have knowledge and understanding of the fundamentals U.S. civics (this is that infamous test you probably can't pass if you are American 🙄); and

Take an Oath of Allegiance to the United States.

Again assuming, arguendo, that he received his green card in early 2016, he would be eligible for naturalization in early 2021.

Let me remind you that the infamous trip to The Cottage™️ occurs in July 2017.

This would mean that even in the best of circumstances, Ilya would still have to wait another 4 years to be able to even apply for naturalization.

And then he has to get approved and take the test and oath.

We are looking at 2022 before he can even think about applying for a passport.

IV. Conclusion

This is what Ilya and literally millions of people in this country have to go through. And Ilya has literally every resource available to him.

Imagine being a regular person like you and me.

It's a lot of money and waiting around. The system is antiquated. The laws are not efficient nor all that effective.

The system is pretty fucked.

https://thehill.com/policy/national-security/5379452-doj-memo-denaturalized-us-citizens-trump-immigration/

Greg Owen at LGBTQ Nation:

A new directive issued by the Department of Homeland Security orders U.S. Customs and Immigration Services (USCIS) officers to go far beyond statutory requirements and judge applicants for entry and naturalization based on the Trump administration’s new “holistic” definition of “ethical standards and expectations” and “good moral character.” Depending on how “good moral character” is judged, activists fear that LGBTQ+ immigrants may be denied naturalization. The guidance is a throwback to a period when LGBTQ+ visitors and immigrants were routinely deemed “psychopathic personalities” and barred from entry to the United States as immoral aliens. The authors of the revised guidance are behind the draconian immigration restrictions proposed in Project 2025, the Christian nationalist Heritage Foundation’s blueprint for the second Trump administration.

[...] For decades, immigration officials interpreted “good moral character” to mean that a candidate for naturalization hasn’t committed certain criminal offenses. But now the administration wants immigration officials to take a more “holistic” approach to assessing “good moral character” and consider additional factors. Potential “Trojan horses” targeting the LGBTQ+ community in the new guidance include a directive to scrutinize the “Family Responsibilities” of candidates for naturalization. The Christian nationalist ideology underpinning Project 2025 and espoused by its authors doesn’t recognize the legitimacy of LGBTQ+ families, including their legal right to marry or adopt children. An officer influenced by the same far-right ideology could deem a married same-sex couple raising children in conflict with their own subjective interpretation of “good moral character.” Officers are also ordered to take “Severe Violations of Religious Freedom” into account in their evaluations. That means that a gay immigrant who protested a local church’s anti-LGBTQ+ views could be labeled as violating the administration’s interpretation of “religious freedom” that condones discrimination against gay people. And at least two Supreme Court justices believe that gay people having the right to marry is a violation of Christians’ religious freedom.

While the directives may sound “neutral or even benign” on their own, Besen said, “in reality they are invitations to discrimination, giving bigoted adjudicators free rein to deny LGBTQ people citizenship for reasons that have nothing to do with law and everything to do with prejudice.”

Trump wants to deport your mom sweetie.