RE-TAKING THE NATURALIZATION ENGLISH OR CIVICS TEST

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NY

The N-400, Application for Naturalization to become a U.S. citizen includes an English exam and a civics exam. People are often nervous about this portion of the N-400 naturalization interview, but there is no need to be. If an applicant fails either the English or the civics portion of the test they will scheduled for a second interview for re-examination. When Can You Re-Take the N-400 Naturalization English/Civics Test? A minimum of 60 days must elapse before being scheduled for a re-examination of the civics and/or English portions of the naturalization exam. See 8 CFR 335.3(b) . Re-examination must take place no more than 90 days from the initial examination. The second N-400 interview should be scheduled within 60-90 days.  See 8 CFR 312.5(a). Re-Filing N-400 After Failing Examination Twice The 90 days rule applies only to re-examinations, which are not treated the same as when filing a new N-400 after an application is denied for failing the test twice.  You may refile after 60 days. From USCIS Policy Manual, Volume 12, Chapter 2, Section F: If an applicant fails any portion of the naturalization test a second time, the officer must deny the application based upon the applicant’s failure to meet the educational requirements for naturalization. USCIS Policy Manual  RELEVANT REGULATIONS  8 CFR 335.3(b) (re-examination no earlier than 60 days from initial examination).  8 CFR 312.5(a) (re-examination no later than 90 days from initial examination). USCIS POLICY MANUAL  Volume 12, Chapter 2, Section F (link) If an applicant fails any portion of the English test, the civics test, or all tests during the initial naturalization examination, USCIS reschedules the applicant to appear for a second examination between 60 and 90 days after the initial examination.Volume 12, Chapter 2, Section F (link)

Contacting the National Visa Center

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How to contact the National Visa Center (NVC) By Email This is the National Visa Center’s preferred method of communication. You can email the National Visa Center for your case status at NVCInquiry@state.gov **To ensure a prompt response, use your National Visa Center 13-digit case number or USCIS Receipt Number in the subject line of the email. Within the email body, ask your question and include the following information: Applicant’s name Applicant’s date of birth Petitioner’s name Petitioner’s date of birth Employer’s company or organization name (if it’s an employment-based visa) Attorney’s name, law firm, and address By Phone To call the National Visa Center, use 603-334-0700. You will be asked to enter your 13-digit case number or USCIS Receipt Number, so be sure to have it nearby. If your visa case number isn’t recognized, it’s likely that the National Visa Center hasn’t yet received your case and cannot report your case status. For more difficult inquiries, operators are available to answer your questions. Operators are available between 8 a.m. and 3:45 p.m. Eastern time, Monday through Thursday. By Mail You can also mail questions to the National Visa Center at the following address: The National Visa Center32 Rochester Ave.Portsmouth, NH  03801-2909 The National Visa Center is NOT open to the public. You can mail, call, or contact them online. Public citizens cannot simply go to the National Visa Center. When an applicant’s priority date is close, the National Visa Center will send them a packet of forms and information. The packet is called a Packet 3. The contents of a Packet 3 vary depending on the country from which a person is applying for a U.S. visa. Receiving Packet 3 is an update to your National Visa Center case status. NVC WEBSITE NVC Contact Information (state.gov)

Guide to Form I-864A

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GUIDANCE FOR PREPARING AND SUBMITTING USCISFORM I-864A & SUPPORTING DOCUMENTS Last Updated June 13, 2023 Form I-864A: https://www.uscis.gov/sites/default/files/document/forms/i-864a.pdf Official USCIS Instructions: https://www.uscis.gov/sites/default/files/document/forms/i-864ainstr.pdf FORM-I-864A-GUIDEDownload WHY DOES A HOUSEHOLD MEMBER COMPLETE FORM I-864A? A household member completes this contract if the household member’s income and/or assets will be used to demonstrate the sponsor’s ability to meet the income requirements and to maintain the sponsored immigrant at an annual income at the level specified in INA section 213A(f)(l)(E) or section 213A(f)(3). If the Intending Immigrant Is a Household Member, Must He or She Complete This Contract? If you are the intending immigrant and the sponsor is including your income on Form I-864 to meet the eligibility requirements, you need to complete this contract only if you have accompanying dependents. If you are the intending immigrant and the sponsor is including only your assets on Form I-864, you do not need to complete this contract, even if you have accompanying dependents. Filing Fee: There is no filing fee to file Form I-864A with USCIS. Where do I file? This contract MUST be filed with Form I-864. WHO COMPLETES THIS FORM? The sponsor and a household member complete and sign this form. If either the sponsor or the household member is under guardianship, the guardian of that individual’s estate (financial affairs) may sign the form. Supporting Documents Checklist The following items must be submitted with Form I-864A: For ALL sponsors: For SOME sponsors: FREQUENTLY ASKED QUESTIONS HOW DO I CALCULATE MY HOUSEHOLD SIZE? The Form I-864 asks for the financial sponsor’s household size. When calculating their household size, sponsors must include: A sponsor does not have to include people on other I-864s who have not yet immigrated to the United States. WHO CAN BE A FINANCIAL SPONSOR? A financial sponsor, including a petitioner, must be at least 18 years old and either a U.S. citizen or a lawful permanent resident (LPR). The sponsor must also have a domicile (residence) in the United States. WHAT ARE POVERTY GUIDELINES? Petitioners must meet a minimum income level, called the Federal Poverty Guidelines, in order to financially sponsor a visa applicant. The Poverty Guidelines in effect on the filing date of an Affidavit of Support are used to determine whether the income requirement is met. You can find these guidelines on USCIS’ website or below. WHAT HAPPENS IF THE PETITIONER DOESN’T HAVE ENOUGH INCOME? Petitioners who cannot meet this level have two choices: 1) find a “joint sponsor” who will agree to also financially support the visa applicant, or 2) use the income of a household member to meet the Poverty Guidelines. These additional financial sponsors also have to submit an Affidavit of Support, proof of their income, and proof of their legal status in the United States. Remember: Even if a petitioner finds a joint sponsor or uses the income of a household member to financially sponsor a visa applicant, that petitioner must still submit an Affidavit of Support. For more information see our Guide to Completing Form I-864A You can download the guide here

ASYLUM EMPLOYMENT AUTHORIZATION

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GETTING EMPLOYMENT AUTHORIZATION (EAD) THROUGH ASYLUM AND THE 180 DAY ASYLUM CLOCK HOW DO I APPLY FOR EMPLOYMENT AUTHORIZATION AFTER I HAVE APPLIED FOR ASYLUM? For instructions on how to apply for employment authorization after you have applied for asylum, visit the USCIS website at www.uscis.gov/i-765 to review the Form I-765, Application forEmployment Authorization, and the related form instructions. WHAT IS THE 180-DAY ASYLUM EAD CLOCK? The “180-day Asylum EAD Clock” measures the time period during which an asylum application has been pending with the U.S. Citizenship and Immigration Services (USCIS) asylumoffice and/or an Immigration Court with the Executive Office for Immigration Review (EOIR). USCIS service centers adjudicate the Form I-765, Application for Employment Authorization,and use the 180-day Asylum EAD Clock to determine eligibility for employment authorization. You may file a Form I-765, Application for Employment Authorization, based on your pendingasylum application (the (c)(8) category) 150 days after you filed your asylum application. You are not eligible to receive an Employment Authorization Document (EAD) until yourasylum application has been pending for at least another 30 days, for a total of 180 days (8 CFR 208.7(a)(1)). The 150-day waiting period and the 180-day eligibility period, commonlyreferred to as the 180-Day Asylum EAD Clock, do not include delays that you request or cause while your asylum application is pending with an asylum office or with the ImmigrationCourt (8 CFR 208.7(a)(2)). WHAT STARTS THE 180-DAY ASYLUM EAD CLOCK? For asylum applications first filed with an asylum office, USCIS calculates the 180-day Asylum EAD Clock starting on the date that a complete asylum application is received by USCIS, inthe manner described by the Instructions to the Form I-589, Application for Asylum and for Withholding of Removal. If the asylum office refers an asylum application to an immigrationcourt, the applicant may continue to accumulate time toward employment authorization eligibility while the asylum application is pending before an immigration judge. FOR ASYLUM APPLICATIONS FIRST FILED WITH EOIR, USCIS CALCULATES THE 180-DAY ASYLUM EAD CLOCK IN ONE OF TWO WAYS: 1) The applicant will start to accumulate time toward eligibility for employment authorization on the date that a complete asylum application is filed with the immigration court.2) If a complete asylum application was previously “lodged” with the immigration court, whether at the court window or by mail, the applicant will start to accumulate time towardeligibility for employment authorization on the date of lodging. WHAT STOPS THE 180-DAY ASYLUM EAD CLOCK? The 180-day Asylum EAD Clock does not include any delays you request or cause while your asylum application is pending with USCIS and/or EOIR. FOR CASES PENDING WITH AN ASYLUM OFFICE DELAYS YOU MAY REQUEST OR CAUSE MAY INCLUDE: If you are required to receive and acknowledge your asylum decision at an asylum office but fail to appear, your 180-Day Asylum EAD Clock will stop and you may be ineligible toreceive employment authorization. If your case has been referred to an Immigration Court, your 180-Day Asylum EAD Clock will not begin again until your first hearing with an immigrationjudge. If you fail to appear for your asylum interview, the 180-day Asylum EAD Clock will stop on the date of your missed interview, and you may be ineligible for employment authorization unless you send a written request to the asylum office to reschedule the interview within 45 days and you demonstrate “good cause” for missing the interview. If you request to reschedule your interview with the asylum office after 45 days have passed from your missed interview, you must demonstrate “exceptional circumstances,” which is a higher standard than good cause. If you establish exceptional circumstances for missing your asylum interview and you are currently in removal proceedings before an immigration judge, the asylum office can reopen your asylum application and reschedule you for an asylum interview upon your request if the immigration judge dismisses your removal proceedings. If the asylum office determines that your failure to appear for an interview was due to lack of notice of the interview appointment, the asylum office will not attribute a delay to you and the asylum office will reschedule your interview. For more information about reschedule requests and missed asylum interviews, see “Preparing for Your Asylum Interview” on the Asylum Division’s website at www.uscis.gov/Asylum FOR CASES PENDING WITH EOIR: Asylum cases pending with EOIR are adjudicated at hearings before an immigration judge. At the conclusion (or “adjournment”) of each hearing, the immigration judge will determine the reason for the adjournment. If the adjournment is attributed to you, you will stop accumulating time toward the 180-day Asylum EAD Clock until your next hearing. If the adjournment is attributed to the Immigration Court or the Department of Homeland Security, you will continue accumulating time toward your 180-day Asylum EAD Clock. If you are an asylum applicant who has been released from detention and whose case is automatically transferred to a non-detained hearing location, your 180-Day Asylum EAD Clock will run until the date of your next hearing. For example, you may stop accumulating time toward the 180-Day Asylum EAD Clock if, at a hearing: In such cases, you will stop accumulating time when the immigration judge grants the motion. You may or may not begin to accumulate time again after the next hearing, depending on thereason for the adjournment of the next hearing. Additional information regarding codes used by the immigration courts that affect the 180-day Asylum EAD Clock can be found at Appendix O – Adjournment Codes, in the EOIR Policy Manual, at https://www.justice.gov/eoir/eoir-policymanual/Appendix/AdjournmentCodes.