Professional Documents
Culture Documents
Topics
California Citizenship and Residency..................................................................... 57
Immigrating to the United States.............................................................................58
Local Government Meetings........................................................................................ 59
United States Citizenship............................................................................................... 61
Voting......................................................................................................................................... 62
Related Topics
Courts, Lawsuits, and Mediation............................................................................103
Jury Duty............................................................................................................................114
Employees Rights.............................................................................................................183
Immigrant Workers...................................................................................................... 200
Government Benefits......................................................................................................217
Additional Resources
Becoming a U.S. Citizen: A Guide to the Law, Exam & Interview, by
Ilona Bray (Nolo), explains how immigrants with green cards can apply to
naturalize.
Citizens Rights|57
Residency
Your residence is the state in which you live when not called elsewhere
for work or some other temporary purpose. The California statute
quaintly defines it as the place where a person returns in seasons of
repose. You can be a resident of only one state at a time. You must not
only live there, but also intend for that state to be your residence. (Govt.
Code 244.)
Many state benefits, such as most welfare payments, are available only
to California residents. In addition, residents may receive other benefits,
such as lower tuition at state universities. The catch is that you must not
only be a resident, but also be able to prove your residency.
Green Cards
A green cardformally known as a Permanent Resident Cardis a
means of identifying yourself as a permanent legal resident. It gives you
the right to work and live in the U.S.
Only people who fit into one of the eligibility categories established
by Congress can get a green card. Even eligible people often have to wait
a long time for a green card to become available, because of yearly limits
on both the number of people who can be admitted within certain
categories and the number of people who can be admitted from any
given country.
Broadly speaking, the categories of people who are eligible for green
cards include:
family members of U.S. citizens and permanent residents
those who have been offered jobs in the U.S. for which no U.S.
workers can be foundparticularly jobs requiring specialized
skills
those who invest large amounts of capital in U.S. companies
people who have been granted refuge or asylum in the U.S., or
a number of specially recognized immigrants, such as religious
workers.
But youll need to look further into the numerous technical require
ments for each category and restrictions on who qualifies as, for example,
a relative or an investor. (8 U.S.C. 1151.)
Nonimmigrant Visas
A nonimmigrant visa gives its holder the right to stay temporarily in
the United States to pursue a specific activity. The visa authorizes only
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Naturalization
Naturalization is a process by which immigrants can become U.S.
citizens. You must meet five requirements to qualify for naturalization:
You must be at least 18 years old.
You must have a green card (giving you permanent legal resident
status).
Since becoming a permanent resident, you must have lived
continuously in the U.S. for five years (occasional short trips
outside the U.S. dont count), and in the state where you will apply
for citizenship for three months. These time requirements are
shorter for spouses of U.S. citizens whove been married for three
years. Asylees and refugees may count some of the time they spent
in the U.S. before applying for the green card.
You must have good moral character, as determined by U.S.
Citizenship and Immigration Services (USCIS).
You must not have broken any immigration laws or been asked to
leave the U.S. at any time.
If you meet these requirements, you can apply to USCIS for natural
ization. You will be interviewed, which serves three purposes: to verify
the information on your application; to test your ability to speak,
read, and write basic English; and to test your knowledge of American
government and history. You must pass these tests to be approved for
citizenship.
When your application is approved, you will be sworn in at a
ceremony. You must take an oath to defend the U.S. and to relinquish
your allegiance to your former country (although you can retain dual
citizenship if your home country allows it).
Rights of Citizenship
Once you become a citizen through naturalization, you have almost all
the same rights as native-born citizens, including the right to register
to vote, the right to get a U.S. passport, and the right to run for most
public offices. However, you may not run for president or vice president
of the United States.
You can stop reporting your status to USCIS, and you can no longer
be removed if, for example, you are convicted of a crime.
Voting
You can vote in California if you have registered and you are:
a United States citizen
a resident of California
mentally competent
at least 18 years old, and
not in prison or on parole for a felony conviction. (Const. Art. II,
2, 4; Elect. Code 2000 and following.)
Registration
To register to vote, you must submit a signed application to the county
clerk, the Department of Motor Vehicles, or other designated public
agency at least 15 days before the election in which you want to vote.
Applications will be accepted as long as they are postmarked on or
before the 15th day before the election.
Absentee Voting
Any registered voter can request, in writing, an absentee ballot between
the 29th and seventh day before the election. The clerk mails the ballot
to the voter; there is no fee for the service. The voter must return the
ballot, in person or by mail, before the close of the polls on election
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