Tuesday, May 22, 2007

Computer Forensics – A Brief Description

Computer Forensics – A Brief Description

Computer Forensics is the function of utilising scientifically proven methods to assemble together and process data found on a digital device, (computer, hard disk drive, mobile phone, memory card etc), and interpret that data for possible use in a court of law or other theatre of investigation. The evidence may assist in the prosecution or a criminal, help in the defence of an accused person, or be of intelligence to an individual who is seeking knowledge for either personal or professional reasons.

The main users of Computer Forensics are law enforcement officers, as a large percentage of crimes in some way utilise digitally stored data. This data could be a phone call made on a mobile phone, (or cell phone), which could place an individual at the scene of a crime, (or of course away from it), accounts for illegal activities such as drug sales, images of paedophilia, human resource issues, hacking, email abuse, unauthorised data duplication, IP theft etc. Corporate organisations are utilising computer forensics more and more now as they often have to investigate incidents such as inappropriate computer use, inappropriate email use, unauthorised data duplication and disloyal employees. Human Resource departments and Internal Security are the biggest users of these specialist corporate services. Private individuals may also use these services. It may be the lover cheating on their partner, or inappropriate internet use by a family member.

Computer Forensics or Cyber Forensics as it is also known, is now taught at many colleges and universities around the world, and is available to both the law enforcement community and private individuals.

What to do if you suspect illegal or inappropriate activity on a computer or digital device:

1. Turn the power off – Pull the plug out if necessary
2. Secure the ‘exhibit’. Don’t allow anyone access to it, security seal it if possible
3. Contact a Computer Forensics Expert

What NOT to do if you suspect illegal or inappropriate activity on a computer or digital device:

1. Call your IT manager, or one of your technical staff
2. Get them to ‘see’ if the user has been looking at ‘dodgy’ websites or if any important files are missing
3. Sack the member of staff

The analogy of the above:

Imaging a body lying in a muddy field. There is a blanket over the body and something petruding from it. By not following procedures, what you will have done is the same as follows:

1. See the body
2. Walk up to the body �n the field
3. Take the blanket off the body
4. Move the body to ‘have a look’
5. Put the blanket back over the body – ‘like it was before’
6. Leave the field

What you have just done:

Entered the scene of a crime, left YOUR footprints all over the muddy field, left YOUR fingerprints on the body and blanket, left YOUR DNA all over the place.

You then expect to call the relevant organisation/authority and have them try and find evidence, which has just been tainted by YOU or YOUR STAFF. This is not a good start, and could make the case in question inadmissible.

Remember that this is a very specialised service provided by experts. Use experts to do the job correctly in the first place, then there shouldn’t be a problem.

Simon Steggles
Disklabs Computer Forensics
www.disklabs.com/computer-forensics.asp
www.computer-forensics.co.uk
simon.steggles@disklabs.com

About the Author:
SIMON STEGGLES Disklabs Data Recovery Disklabs Computer Forensics DIRECTOR Background Simon is an owner of 1st Computer Traders Ltd, the company that owns Disklabs Data Recovery Services and Disklabs Computer Forensics Services. Simon originally set up the Disklabs Data Recovery Services part of the business in 1997, and started Disklabs Computer Forensics Services in 1999. Natural organic growth meant that new business premises were required for the Disklabs companies, and in December 2005, a further building was secured to accommodate the rapidly growing Disklabs Computer Forensics Services. He has a background of military, (Royal Navy communications and intelligence), and has principally dealt with hard disk drives ever since in roles of buying, selling, wiping and repairing, with the last two roles as business owner. Having completed courses in various computer and mobile phone forensics practises, as well as evidence handling procedures, Simon directs the data side of the business, and drives new business. Qualifications and Training  FTK Boot Camp, Dec Wyboston 2005  PRTK Boot Camp, Dec Wyboston 2005  DNA, Dec Wyboston 2005  FST Mobile Phone SIM examination, Southampton Nov 2004  FST Mobile Phone USIM examination, Southampton Nov 2004  .XRY Mobile Phone Examination, Tamworth Jan 2005  Evidence Handling Procedures, Milton Keynes Feb 2004 Simon, along with Matt Jones founded the 1st Computer Traders Ltd in September 1997. The business has steadily grown into the multi division company that now incorporates Disklabs Data Recovery Services, Disklabs Computer Forensics Services, and 1st Asset Management, a new division started in January 2006. The new forensics facility was set up to ensure that proper practise and procedures are adhered to whilst dealing with the law enforcement agencies that have very special security requirements, such as security locked evidence cages, proximity readers that only allow authorised personnel into their respective offices/labs/evidence cages. In 2002, Simon became a co-opted director of the Professional Computer Association, a year later he was voted as a full director of the PCA. In 2006 Simon was promoted to the position of Vice Chairman of the PCA, a not for profit organisation which represents in excess of £50 Billion of revenue within the UK and Ireland. Prior to Disklabs Data Recovery Services and Disklabs Computer Forensics Services, Simon was an active director in 1st Computer Traders Ltd, where he implemented the procedures for the test, repair, and data destruction routines used by the technicians of 1st Computer Traders Ltd. The work was rewarded with accreditations by various hard drive manufacturers including Seagate, Maxtor, Western Digital and Fujitsu. In June of 2002, 1st Computer Traders Ltd was awarded the highly coveted ISO9001-2000 for Quality Control. Prior to 1st Computer Traders Ltd, Simon was the Managing Director of United Computer Services (UK) Ltd, another technology based company, trading exclusively in hard disk drives. Hard drives were bought and sold across the world. Within 5 years, and with only 3 staff, Simon led his team to a turnover of £7,000,000.00, and sold the company to his business partner who continued to trade until the business was bought again. Prior to United Computer Services (UK) Ltd, Simon worked at various computer supplies companies gaining experience. Upon leaving school, Simon was a member of the Royal Navy. Specialising in communications, Simon also worked in the Legal Division and in Naval Intelligence.

Saturday, March 24, 2007

Credit Card Bankruptcy

by Michael Malega


Writing this article for you was a pleasure, I desire it be likewise for your to read it.

As people use credit cards to make payments for items that they are buying, sometimes they overuse their credit card. This will not become a problem if the person has a way of paying off their debt. There are instances where credit card bankruptcy will have to be declared.
This bankruptcy claim can be disputed by the name card issuing agency if they feel that you have obtained the credit card by fraudulent means. If the name card company feels that you are Using the card in an outlaw(a) fashion they can refuse to discharge your debt.

When the credit card company challenges this debt it becomes a non-discharge ability action. In the non-discharge ability activity the credit card issuer will declare that you have obtained your credit card by submitting a fraudulent credit card application. They can also hold that you have received a credit card without any intent to pay any off the debts that you are incurring.

There are many reasons why credit card bankruptcy claims will be challenged. These reasons will include an increased use of your credit card before you register for bankruptcy, or if you have just been issued a new credit card after the credit card company approved your application for the card.

Or perhaps large advancements of cash were made just before you filed for credit card bankruptcy. As these reasons can indicate to your creditors that you are not intending to pay off your debts they will be able to prove to the courts that you are planning on defrauding them.

So if you are intending to file for credit card bankruptcy it is best if you don't use your credit cards for at least Six months before you file for credit card bankruptcy. The less use that can be found with your credit cards will validate your claims that you are in fiscal difficulties.

Before you do file for credit card bankruptcy it is best if you talk the situation over with your lawyer. You can inform your attorney about your integral financial problems and see the assorted courses that you have open.

You must realise that once you have filed for credit card bankruptcy your public record will state that you have undergone bankruptcy for bad credit. This substance that you will need to uprise to various businesses that you are conformable to pay the higher credit rates that you can be charged.

While this course of activity may seem difficult to reflect sometimes it is the only way that you can find a Breathing space to reorganize your financial affairs. Once you have proven that you are in financial difficulties your credit card bankruptcy filing will let you negotiate with your lawyer and creditors the best way to pay their loans back.

I'am glad you have found this article I hope you found the data useful.



About the Author
Michael Malega presents several credit card bankruptcy articles for your information. You can visit Michael's web site at: http://www.bankruptcy-chapter-13-facts.com/Credit-Card-Bankruptcy.php

Saturday, March 3, 2007

What is Litigation Funding?

By Amanda Bellview

Litigation funding is a concept that most individuals that are involved in a lawsuit will find beneficial to them. It is most commonly used in personal injury cases, but can be used for any type of lawsuit in which the individual is seeking funds in a settlement for their hardships, whatever those may be. It has been used in a variety of cases from sexual harassment to worker's compensation and many more. But, what is litigation funding and how do you know if it will benefit you? Take into consideration the number of things that it can offer to you and what will happen if you decide not to use it.

Funding A Lawsuit Through A Loan

Litigation funding is the process of securing a loan in order to pay for the cost of a lawsuit. It costs a good amount of money to see your lawsuit from start to finish. If you are suffering from medical problems and can not work, you probably need the funds to help you to pay your daily living expenses as well. These costs can be covered by your lawsuit loan, as they are often called. Believe it or not, these funds are available to you through litigation funding lenders, who are offering a wide range of options for those that need them.

Another benefit to litigation funding is the fact that you don't need to pay the funds back that you borrow to make these payments unless you actually win your case. When you do win your case, the settlement that you receive will be lessened the amount that you've borrowed to pay for your needs. But, if you lose the case or do not receive a settlement, then these funds are no longer you obligation to pay and the lender will not be able to recover them. It's completely legal and its part of the process of securing litigation funding in the first place.

Other Options?

Are there are other options to consider to fund the loan that you need to pay for the lawsuit that you know you should be filing? You could use a personal loan, credit cards or your own funds to pay these things. Many people don't have the funds necessary and they may not be able to secure these types of loans because of lack of employment or a back credit history due to the restrictions on their funds. Even if you do have these funds, you'll be risking your own money on these expenses, which means that if you do lose the case, you are out all that you've invested in it. That's an expensive risk for you to take.

Working with a litigation funding firm is a good option for those that know they deserve a fair share of the settlement. If you know this and you want to secure the funds that you need to make sure that your case reaches settlement, you'll want to consider litigation funding. It could mean funding a lawsuit that you deserve to win or giving up on it.

Amanda Bellview writes to expand the question base of attorneys and litigants looking for lawsuit litigation or pre settlement funding.

Article Source: http://EzineArticles.com/?expert=Amanda_Bellview

Friday, January 26, 2007

The 5 Most Common Mistakes Made by a New Limited Liability Company (LLC)

The 5 Biggest Mistakes Made by New Limited Liability Companies (LLC) By: Amyli McDaniel, Esq.

Mistake #1 Doing business Before the LLC is Formed

You are personally liable for any business activities or transactions that take place before your LLC is formed. A person can sue you years later for something you did today. If your business becomes successful, those early acts could cause you to be personally sued. Don't think it has not been done. With over 70,000 lawsuits filed a day, this world is filled with people and their predatory litigation attorneys looking for successful small businesses to attack.

Many new business owners put off the formation of their LLC while they work on the other details of starting a business. Once you have decided to start a business, it is a much smarter move to form your LLC at once and then have the LLC itself engage in the other start up activities as opposed to you personally. This is the best way to ensure your liability protection.

Another mistake many business owners make is thinking that once their formation documents (known as "Articles of Organization") have been sent into the state agency, their LLC has been formed. This may be wrong! In many states, an LLC is not formed until the state agency has processed the paperwork and entered the new LLC into the official LLC database. This process can take as long as 30 days or more in some states. The Certificate of Organization is the birth certificate of the LLC and you should wait until you have received this before you enagage in LLC activities.

Now, if you have found that you waited too long and you now need to open a bank account to conduct business or your business needs to sign a contract, hire an employee or otherwise conduct business, most states offer expedited services. The expedite services usually requires the filing of an additional document and paying an expedite fee in addition to the filing fee they charge for the filing itself. In most states, you can have your LLC formed in 3 business days but it will cost you significantly more.

In summary, once you have decided to start a business, form your LLC right away. This will ensure you have more liability protection and it will save you the money and stress of having to form one on an expedited basis to avoid losing business or delaying other start up activities. Mistake #2 Failing to Actually Issue Ownership Interests in the LLC

Many business owners create an LLC but never actually issue ownership interests (known as Membership Units) to the persons that are going to be owners of the LLC (known as Members). It can be easy for you mistakenly think that because you created the LLC, you are automatically the owner of the LLC.

The fundamental premise of an LLC is that it is its own separate entity. When an LLC is formed by a state agency, it does not have owners. Membership Units or a percentage ownership interest in the LLC must be issued to the persons who will be the owners. This issuance transaction needs to be in writing.

The LLC Operating Agreement is the typical place where the LLC issues shares to Members and usually the Members agree to contribute a certain amount of money to the LLC for those Membership Units (this money ob�igation is known as a Capital Contribution).

Make sure that after your LLC is formed, you complete this next step. It is vital to your LLC business because an LLC once formed is a shell entity without any ownership attributes until Membership Units are issued to Members.

If you need a customized LLC Operating Agreement, please visit www.TheLLCExpert.com

Mistake #3 Failing to Create a Management Structure and Appoint Officers

An LLC needs to have a management structure. A management structure determines who has the authority to make decisions on behalf of the LLC. There are two management structures. A member-managed LLC is when the members automatically have the rights to operate and manage the LLC business.

The second is a manager-managed LLC which creates a corporate type structure. A Board of Managers is created and persons who are appointed to that Board have the authority to run the business. All LLCs should appoint the officers (President, Secretary, Treasurer) of the LLC.

The best place to create a management structure and appoint initial officers is in the LLC's Operating Agreement. All LLC's should have an Operating Agreement as this agreement creates the set of rules for your LLC.

If you are a single member LLC, this becomes even more important because you run a higher risk of losing liability protection if you ignore your entity as a separate entity. Remember, your LLC is a separate and distinct entity and this is important to preserve the layer of limited liability protection afforded by LLCs.

If you do not comply with the standard protocols for LLCs, a predatory attorney can try to sue you personally and say that you should be personally liable for the LLC activities because you did not treat the LLC as an entity separate and apart from yourself.

Now, the LLC Acts of most states will have default management provisions that apply if your LLC does not have an Operating Agreement, but those laws are always changing and they can be difficult to apply. Plus, if you have other Members, then disputes can arise as to what voting requirements, profit allocations and other rules apply. The laws may include provisions that you do not want for your LLC.

Another great benefit of LLCs is that the Members can decide amongst themselves how they operate their LLC. Use a well drafted Operating Agreement for your LLC and get all of your Members to sign the Operating Agreement. A great customized LLC Operating Agreement is available at www.TheLLCExpert.com

Mistake #4 Failure to Get Investment Obligations in Writing

The LLC Acts of most states require that all agreements by a Member of an LLC to contribute money to the LLC must be in writing. An oral agreement is not enforceable under the law.

If you are planning on starting a new business with other persons, you will likely get together and decide on how much of the business each of you will own and on what obligations each of you are agreeing to with respect to that business.

Obligations usually include how much money you are each going to contribute to the business and what kind of services and time commitment each of you will devote to the business.

At the beginning of a business, these conversations take place and everyone agrees. An important discussion is how much will the business require in money before it can generate its own cash to operate the business. This amount is known as start-up capital. A typical conversation goes like this: Anne: "John, we are going to need $20,000 over the next year to start this business. If we are going to each work equally and you agree to put in $ 5,000 of the capital, I agree to issue to you 25% of the ownership of the business." John: "Anne, that sounds fair. We will each work equally in the business but because you will be contributing $15,000 and I will contribute only $5,000, the 75%-25% allocation makes sense. Now, I am looking at our budget and most of the money will not be required until 5 months from now when we will move into office space and need to pay our vendors for products purchased- I will contribute my $5,000 then- is that okay?" Anne: "Sure, as long as we are in agreement as to amount, I can front the initial expenses until the 5th month and then the LLC will need your $5,000."

Then John and Anne form their LLC and starts their business. . . forgetting to ever document the agreement among LLC owners (known as Members) in any written agreement. Five months later, Anne asks John to contribute $5,000 and he says he does not feel like he should contribute this money because he has worked more on the business than Anne or. . . perhaps he decided to invest the money elsewhere at that point.

This is a common situation that multi-member LLCs find themselves in often. Any monetary or services obligations should be set forth in writing.

Mistake #5 Thinking that an LLC is a Foolproof Layer of Liability Protection

Yes, it is established that a Member of a properly formed and maintained LLC is not liable for the debts, obligations and lawsuits of the LLC merely by being a Member of the LLC. But, in a realistic business context, persons who are Members are usually not passive owners of the LLC. They are also active managers and operators of the LLC business.

In today's litigious world, all businesses should be run through a limited liability entity such as an LLC. The LLC liability protection is a significant protection vehicle. However, the LLC layer of protection does not extend to all potential liabilities that can arise in the midst of running an LLC.

For example, you may be in a company car driving to see a client when you are in an accident. You will be personally liable for that accident regardless of the fact that, at the time, you were working on behalf of your LLC business. The LLC laws do not cover personal negligence. Your LLC should always have insurance to cover these types of business related accidents. Do not ever think that the LLC is enough to protect you in these circumstances.

Similarly, there are some laws that hold you liable regardless of whether you are operating through an LLC. The most obvious one that might apply is if you are a licensed professional. Doctors, lawyers, accountants, real estate brokers and dentists, for example, are always personally liable for acts of malpractice. If you are a licensed professional, make sure you get the proper insurance. Also, there are certain tax, environmental and securities laws that you can be held personally liable for if your LLC is in violation of those laws and you were the responsible manager.

Do your homework in performing the administrative and other tasks of your LLC and retain the proper professionals to advise you when appropriate.

Finally, you cannot use your LLC to engage in fraud or hide behind the LLC to protect yourself when you engage in fraudulent or unlawful acts. If you break the law or try to defraud others, the law will hold you personally accountable. * * * In summary, the LLC is a wonderful vehicle for providing Members with limited liability protection. But, in order to preserve that protection, you cannot just form an LLC and then forget it exists. Make sure you do the necessary things to honor your LLC as a separate entity and also know that the LLC should not be your sole means of protection- get insurance when it makes sense and always invest in the required knowledge for operating your business which includes getting the right help when needed in your business! www.TheLLCExpert.com
About the Author

Amyli McDaniel is a business attorney with over 10 years experience representing small businesses and small business owners. She has developed particular expertise forming and advising on limited liability entities, commonly known as an LLC. She has written a book "The Six Step LLC Formula for Limited Liability Protection" which is available as an eBook.

Amyli is the founder of the The LLC Expert website where there is a lot of great

Sunday, January 14, 2007

The UFO Lawyer

The UFO Lawyer
By: Francesca Black

Copyright 2006 Francesca Black

If you thought UFO sightings only belonged in science fiction movies and late night TV, and that believers existed on the fringe of society, think again. It is a little known fact that for over thirty years UFO investigations and contact with ETs have been debated even in our respected US courtrooms.

Peter Gersten, AKA the UFO lawyer, is a maverick who for the last twenty years has been blazing a trail for those who have experienced frightening and unexplainable events, by giving them a voice in a society where they have been previously shunned. The founding director of CAUS (Citizens Against UFO Secrecy), Gersten is opposed to keeping UFO information from the American public. Lacking the sensationalism of other publicized court cases, the success of CAUS is not generally known, except among UFO researchers. It may come as a surprise to know that Gersten, representing Ground Saucer Watch, won his first UFO-related case in 1977 against the CIA, which resulted in the release of over 900 pages of UFO-related documents. Even more interesting is the fact that 57 documents were allowed to be withheld, claiming national security considerations. Since that day, Gersten has challenged this claim, forming CAUS and bringing even more relevant issues into the spotlight by bringing them into the courtroom.

CAUS is a non-profit organization dedicated to ending the secrecy that is associated with UFO and ET contact. Targeted projects include the release of information from the government, the investigation into UFO phenomenon and the appropriate collection and dispersal of information.

Gersten and the people involved in CAUS are so dedicated that services are offered pro bono to eye witnesses or individuals who possess physical or other genuine evidence. As would be expected in any lawyer-client relationship, confidentiality is guaranteed.

One might ask how someone becomes a UFO lawyer. Not surprisingly, there is no field specific to this practice. To date, Gersten is the only attorney to successfully sue the government for UFO documents. He trained and practiced as a traditional lawyer for years before finding his niche and committing himself to these projects. Before he became the UFO lawyer, he practiced criminal law in New York for 25 years. He now practices law in Arizona, where he currently is a trial attorney with the Navajo County Public Defenders Office. Maybe in the near to distant future, as more information is released and the public becomes more aware of UFO phenomenon, there will be a greater call for lawyers in this field, and firms may be established for that end. Until then, interested persons would certainly be wise to study science and technology, as well as the traditional courses required for a JD.

Article Source: http://www.articlerich.com

Francesca Black a long time science fiction buff, manages content for UFO Gifts www.ufo-gifts.com and Science Fiction Corner www.science-fiction-corner.com

Monday, January 8, 2007

Where the Law is Headed in 2007?

Where the Law is Headed in 2007?
Author: Gerard Simington

As we approach the end of December, it is time to open gifts and start thinking about 2007. So, what can we expect in the legal field next year?

Where the Law is Headed in 2007?

Predicting practically anything in the future is a risky endeavor indeed. Okay, I think I am safe predicting the sun will rise tomorrow. After all, I am hardly going to hear any objections if it does not. When considering the law, predictions of specific events are a bit iffy, but some general trends can certainly be foreseen.

When it comes to the law, everything begins with the Supreme Court. 2006 was a fairly calm year at the court with few revolutionary decisions. The reason? The changing of the guard when it comes to the justices. We have a new Chief Justice and Associate Justice, both who are known for their conservative views. Although 2006 was calm, both justices lived up to their conservative reputations, which gives us a hint of what is coming in 2007.

The coming year is going to be one of minor and major changes in the case law of the land. With the appointments of Chief Justice Roberts and Associate Justice Alito, the court has shifted to the right. The swing vote on many cases is now Justice Kennedy, who leans to the conservative side of the scale. This will equate in decisions that reduce the rights of individuals, increases the authority of the federal government and limits the regulation of business. On the hot button topic of abortion, it is more likely that the court will put limits on Roe v. Wade instead of simply overturning it, but a complete reversal of the decision is certainly possible.

Moving away from the court system, the other area of law we are likely to see major changes in is intellectual property. Intellectual property law is simply case law and statutes that deal with business assets that are intangible, but valuable. This includes areas such as copyright, trademark and patent law. Forefront in the battle will be the continuing evolution of how these issues translate to the Internet. One can specifically expect to see a lot of lawsuits involving YouTube.

YouTube, of course, is a site that allows people to post videos. The site is hugely popular and was recently purchased by Google. With deep financial pockets, it is now a target for litigation on issues related to copyright and trademark infringement. Specifically, the problem is going to be how these rights translate to videos being posted by people on YouTube, which they do not own. For instance, what is the responsibility of YouTube when someone posts a music video or something? In practical terms, we are looking at the Napster litigation scenario all over again, but with video this time.

Obviously, the legal arena is a huge one. There are many different areas of law and each will be modified in 2007. That being said, a conservative pull back on current law can be expected in Supreme Court decisions, and the application of intellectual property law to the net should be the most volatile areas in the coming year.

Gerard Simington is with FindAnAttorneyForMe.com - find attorney online with our free directory.

This article is free for republishing
Source: http://www.articlealley.com
Gerard Simington is with FindAnAttorneyForMe.com - find an attorney online with our free directory.
http://www.findanattorneyforme.com

Sunday, January 7, 2007

Legal Significance Of Digital Signatures

Legal Significance Of Digital Signatures
by: Nicholas J. Deleault

A cornerstone of United States contract law is the general application of the Statute of Frauds to contractual agreements. Emerging forms of electronic commerce and new types of contractual relationships have begun challenge the very idea of defining the four corners of a contract. Many obstacles concerning contractual relationships arise with the proliferation of electronic commerce, most notably determining what constitutes a valid signature. Traditionally, the Statute of Frauds is a collective term describing various statutory provisions that deny enforcement of certain forms of contracts unless they are reduced to writing and signed by the party to be charged. The problem with this traditional idea of the Statute of Frauds is how it relates to electronic commerce in determining whether the party being charged with the contract has actually “signed” the contract for purposes of enforcement.

Various forms of legislation dealing with internet law have attempted to define and describe digital and electronic signatures for purposes of determining enforceability.

Generally, there are two broad categories of signatures when dealing with electronic contracts.

1. Electronic Signatures (“E-Signatures”)
2. Digital Signatures

I. Electronic Signatures

The Uniform Electronic Transactions Act (UETA) defines electronic signature as “an electronic sound, symbol, or process attached to or associated with, an electronic record and executed or adopted by a person with the intent to sign the record.” UETA, §2. Often referred to as ‘click-wrap’ agreements, these forms of electronic signatures are given a broad presumption of enforceability through acts such as UETA and the Electronic Signatures in Global and National Commerce Act (ESGNCA/ “E-Sign”). These acts make it clear that binding contracts may be created by the exchange of email or by simply clicking “yes” on those click-on licensing agreements that we have all accepted w ith all types of internet transactions. Like the UETA, the ESGNCA does require that consumers affirmatively consent to the click agreements and that the vendor must provide the consumer with a clear and conspicuous statement regarding the effect of agreeing to click, but parole evidence is rarely allowed in order to prove or disprove intent to contract. ESGNCA§101(c)1. By simply clicking “I agree” intent is presumed.

The widespread enforceability of electronic signatures is also recognized as completely valid for purposes of liability protection by the Digital Millennium Copyright Act. DMCA§512(3)(A)(i). As a relatively settled area of internet law, it is important to understand the enforceability of electronic signatures, whether or not intent is manifest from the face of the agreement itself. Since these click wrap agreements are presumptively enforceable, it is important to advise your clients regarding the potential pitfalls accepting terms of an online transaction without fully understanding what they are agreeing to. Simply accepting these terms may interfere with your client’s right to the judicial system for dispute resolution, as click-on arbitration clauses are also generally enforceable. Your clients will not be able to rely on the Statute of Frauds in order to demonstrate that there was no intent to contract. With electronic signatures, intent is an objective standard, generally determined by the simple click of a mouse.

II. Digital Signatures

Unlike electronic signatures, digital signatures are more often than not used as a means of demonstrating affirmative intent. The problems with digital signatures do not stem from inadvertent agreement to terms, but rather from the security and confidentiality of the digital signatures. Generally speaking, digital signatures are encrypted electronic signatures that a third party (often referred to as the certification authority) authenticates as genuine. Unlike the more general electronic signature, a digital signature must be unique and strictly under the sole custody of the party using it. Unlike electronic signatures, where a typed name, a company name or even a logo can all bind the party to be charged by its mere presence, digital signatures offer the agreeing party greater levels of security and efficiency. The general types of signatures will not be enforceable as a digital signature. Because of the authentication requirements of a digital signature, it should be recommended that clients rely on the use of digital signatures for any high-profile or high liability electronic contract.

Digital signature use will only increase in use in the future, as parties to all transactions will seek a heightened level of information security without the fear of accidentally agreeing to unfavorable terms. While there is an inherent fear of paperless transactions, especially with more traditional attorneys and companies, the use of digital signatures makes commerce faster, more secure and more effective and should be recommended to clients when appropriate. The use of digital signatures is even more effective when dealing in international trade, making it no longer necessary to fly overseas in order to demonstrate intent to sign a contract.

While understanding and zealously advising clients to the use of various forms of signatures for electronic commerce is important, it is also imperative to understand that we are still in the early years of a technological revolution, and that part of being an effective advocate is keeping up to date on advancements in the law. Electronic and digital signatures are only the beginning. Advancements in technology will soon allow for the widespread use of biometric identification as a means of demonstrating intent to contract. Principles of contract law will continue to evolve with technology and while the application of contract principles and the Statute of Frauds will not substantially change, their interpretation and use surely will.

About The Author

This article was written by Nicholas J. Deleault, Pierce Law Center ‘07. Nicholas writes select legal articles for the Law Firm of http://www.goldsteinandclegglaw.com/blog, a http://www.goldsteinandclegglaw.com

Saturday, January 6, 2007

A General Overview of a Lemon Law Claim

A General Overview of a Lemon Law Claim by Greg Artim

Many states have automobile based lemon laws to protect individuals who have purchased defective motor vehicles. If your state does not have an automobile lemon law, you can still be protected by what is referred to as the Federal Lemon Law, or the Magnusson Moss Act. While the law is different in each state, many similarities can be found in the state lemon laws and the Federal Magnusson Moss Act. Typically, your vehicle must exhibit a defect or non-conformity that substantially impairs the use, value or safety of your vehicle. Examples of this might be engine, transmission, braking, suspension or other serious problems. The defect must first occur within some defined mileage parameter, usually 12,000 or 18,000 miles or the first year that the car is in service. The lemon laws always give the manufacturer a reasonable number of attempts to repair the problem, and that can vary from state to state. The number of repair attempts is usually three or four, but check your state law to be sure. If the manufacturer cannot repair the defect within that number of attempts, then you have a lemon. Most states set forth that you are entitled to a refund of the purchase price or a replacement vehicle, free of charge. These laws usually provide for the recovery of all consequential damages that you may have encountered as well, such as all of the payments that you have made on the vehicle, including interest, any down payment, any repair charges, etc... The lemon laws are very much geared towards protecting the purchaser of a defective vehicle. They are extremely friendly consumer statutes.

The problem is that having a lemon and getting a manufacturer to agree that you have a lemon are two very different things. After your vehicle has been in for repairs the requisite number of times, the first step that you have to take is to advise the manufacturer, in writing, of your concerns. This usually takes the form of a letter to that manufacturer which essentially revokes your acceptance of the vehicle. What that means is that you are attempting to revoke the contract between yourself and the manufacturer, and are making a demand for a refund or a replacement vehicle. The manufacturer will rarely agree to your demand at this point in time. The next step, which is mandated by many state lemon laws, is that you have to submit your claim to an Arbitration panel for review. Many states, and many manufacturers, use the Better Business Bureau as its Arbitration panel. These Arbitration panels are usually non-binding on you, the consumer, but are binding upon the manufacturer. In that regard, it has been my experience that the Arbitrators tend to lean towards the side of the manufacturers in these types of cases, because they know that you can go further, and the manufacturer cannot. After Arbitration, if it is not in your favor, the next step in your lemon law claim would be to file a lawsuit against the Manufacturer in a court of competent jurisdiction. It is at this point that the Manufacturer realizes that you are serious, and may begin to entertain realistic formal discussions regarding your vehicle's problems.

This may sound like a lot of work, a lot of hoops to jump through, and it really is, but the great thing about lemon laws is that they typically provide the consumer with Free legal representation. That's right, you can get an Attorney to work for you for free! The Attorney is not actually working for free, but the lemon laws usually provide that the manufacturer must pay your reasonable Attorney fees if the vehicle is found to be a lemon. Lemon Law Attorneys rarely charge any up front retainers, and may or may not charge you for out-of-pocket costs on such a claim. These Attorneys typically look to the manufacturer for their fees and reimbursement of costs. While I would not wish a lemon upon anyone, getting a free attorney to assist you is not half bad.



About the Author
Greg Artim is a Pennsylvania Consumer Attorney focusing on defective auto claims under the Pennsylvania Lemon Law and Breach of Warranty Matters. Visit his website at www.ihatethislemon.com

Basics of US Patent Law

Basics of US Patent Law by Kaviraj Singh

Basics of US Patent Law

Author: Kaviraj Singh, Attorney of Trustman & Co - A Law Firm at Delhi India http://www.trustman.org

United States has the most expansive patent subject matter in the world. US Patent Office has granted patents to living organism, computer software, business methods, new alphabets and countless.

Article 1 Section 1 Clause 8 of the US Constitution empowers the congress to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries. In furtherance of the power granted by the constitution, the US Congress enacted the first patent act in the year 1790. Though the act was amended several times, the most important amendment came about in the year 1952, when congress passed a new patent act codified under Title 35 of the United States Code. Though a few changes were made in 1986, 1996 and 1999, most provisions of the 1952 Act are still in effect.

The US Patent Law is based on the utilitarian reasoning, which is to promote the progress of science and useful arts in general public interest. An inventor gives an invention to the public and gets exclusive rights over it for a limited period of time. By granting exclusive rights to inventors for a limited period of time, the patent law provides incentive to invent, invest, design around and disclose which in turn encourages progress of science and technology.

Requirements for Patentability

To be eligible for a patent, an invention should satisfy the requirements of Patentable subject matter (Sec. 101),

a) Usefulness (Sec. 101) b) Novelty (Sec. 102) c) Non-obviousness (Sec. 103) d) Specification (Sec. 112).

Usefulness - An invention would be eligible for a patent grant only if it is useful (35 USC Sec. 101). The utility of the invention should be current, substantial and credible. Speculative or future uses are not eligible for the patent. But with regard to genetic inventions, showing of future use is generally allowed. Inventions, which have immoral uses, are not accepted to be useful.

Novelty - Novelty means new. An invention in order to be patentable should be new in the light of that exists at the time of conception of the invention. Section 102 gives a non-exhaustive list of circumstance that denies an invention of its newness.

Non-obviousness - An invention to be patentable should not be obvious or known at the time of invention. An invention is obvious, if a single prior art reference or a combination of prior art references as a whole, make the invention obvious to a person with ordinary skill in the art to which the invention belongs. The invention should be obvious at the time of conception of the invention and not at the time of contention of obviousness.

As per the Section 103 - Obviousness of an invention will be decided by determining the scope of the prior art, by finding out the differences between the prior art and the claimed invention and by ascertaining the level of ordinary skill in the art. Secondary Indicia like commercial success, unexpected results, copying, praise of experts, etc. could also be considered for making an obviousness determination.

Specification - An inventor must file a patent application containing a specification (35 USC Sec. 112). The specification should contain written description of the invention and of the manner and process of making and using it, in such full, clear, concise and exact terms, so as to enable a person with ordinary skill in the art to make and use the invention. The specification should also describe the best mode of carrying out the invention. The written description may contain drawings where and when required to clearly describe the invention. The specification should conclude with one or more claims particularly pointing out and definitely claiming the subject matter of the invention. The claims define the metes and bounds of the invention claimed by the inventor. The inventor gets rights only over what is defined in the claims.

The basic requirement for patentability is that the invention should fall within the scope of patentable subject matter as defined under Section 101. (35 USC Sec. 101). As per section 101, any new and useful invention or discovery, which is a process, machine, manufacture or composition of matter is patentable. It also includes any new and useful improvements made to an existing invention. An invention generally falls under more than one category.

The courts have construed the terms process, machine, manufacture and compositions of matter very broadly. In Diamond v. Chakrabarty, the United States Supreme Court while upholding the patentability of an oil-eating bacterium stated that everything under the sun made by man is patentable.

Not eligible for Patentability

The statute does not expressly bar any subject matter from patentability, the Courts have held physical phenomenon, abstract ideas and products of nature to be outside the scope of patentability.

An invention is not considered new or novel if the same were on sale for more than a year before the filing date of patent application. Selling the invention for testing deprived it of the novelty. Even making an offer to sell or making a contract of sale for the future is fatal to novelty of the invention and it shall not patented.

An invention is not new if it is known or used by anyone in the United States or printed or published in a foreign country. The use should be publicly accessible use and not secret use.

An invention can not be patented, if the inventor had abandoned the invention to the public. Taking an invention, which has been dedicated to the public out of the public domain, is against the basic objective of patent law.

An invention is not patentable if it has been patented in a foreign country twelve months before the filing date of the present patent application.

Priority date

As per the Section 102 - For ascertaining the priority, the date of conception would be taken into consideration. The inventor who conceived first and was diligent in reducing the invention to practice would be considered as the first inventor. An invention is not patentable if another person before the applicant has invented it. That first inventor should not have abandoned, suppressed or concealed his invention.



About the Author
Author: Kaviraj Singh, Attorney of Trustman & Co - A Law Firm at Delhi India http://www.trustman.org

TRUSTMAN is an organization of qualified professionals based at Delhi, India of high caliber and other firms to provide multi disciplinary services at one place to all businesses / individuals and firm is capable of addressing and resolving several business and legal issues.

Types of Patent (US Patent Law)

Types of Patent
From Wikibooks, the open-content textbooks collection

Utility patents
Most patents are utility patents, so called because they cover "useful" processes and products. This text focuses on utility patents.
A utility patent can cover a physical product (e.g. a chemical compound), or it can cover a process for using a product (e.g. a method for creating a chemical compound). The scope of these concepts has changed over time. For example:
Artificially-created organisms were not patentable as products until the Supreme Court's decision in Diamond v. Chakrabarty, 447 U.S. 303 (1980), which held that a genetically-engineered bacterium was a "nonnaturally occurring manufacture or composition of matter" entitled to product protection.
Business methods were not patentable until the Federal Circuit's decision in State Street Bank v. Signature Financial Group, 149 F.3d 1368 (1998), holding that a patentable process need not act on anything tangible.
A utility patent is in effect from the date the patent issues until twenty years from the date the application for patent was filed, so long as periodic maintenance fees are paid.

Design patents
Design patents are awarded to original designs for articles of manufacture. Like utility patents, design patents require novelty and nonobviousness. There is no utility requirement, but there are two other criteria for design patents. First, they must have ornamentality—they must be "the product of aesthetic skill and artistic conception." Design patents must also be not primarily functional. If the design is primarily functional, it should be the subject of a utility patent, not a design patent.
Design patents last for fourteen years.

Plant patents
Plant patents can be granted for any distinct and new variety of asexually-reproducing plant. Overall, plant patents are not as strong as utility patents in terms of protection.
Plant patents last twenty years from the date of application.

Why Title Insurance Exists

Why Title Insurance Exists by Capital Ingenuity

Title insurance in the U.S. exists mostly because of the deficiency in the land records laws. Most of the world uses land registration systems for the transfer of land titles or interests in them. Under these systems, the government makes the determination of title ownership on the title based on the registration of the instruments transferring or otherwise affecting the title. Most often the government's determination is conclusive.

A few jurisdictions in the U.S. have adopted a form of this system, such as the cities Minneapolis and Boston. However the states have opted for a system of document recording in which no governmental official makes any determination of who owns the title. The reason for this is that it is much less expensive to operate than a land registration system.

Greatly simplified, in the recording system, each time a land title transaction takes place, the transfer instrument is recorded with a local government recorder located in the jurisdiction where the land lies. The instrument is then indexed by the names of the grantor and the grantee and photographed so it can be found and examined by anyone who wants to see it.

Under this system, determining who owns the title requires the examination of the indexes in the recorders' offices pursuant to various rules established by state legislatures and courts. The final arbiters of title matters are the courts, which make decisions in lawsuits brought by parties having disagreements.

Title insurers utilize this recording system to produce an insurance policy for any purchaser of land, or interest in it, or mortgage lender. Title insurers use their employees to perform the necessary searches of the recorders' offices records and to make the determinations of who owns the title and to what interests it is subject. The policies are fairly uniform and the insurers carry, at a minimum, the financial reserves required by insurance regulation to compensate their insured's for valid claims they make under the policies. This is especially important in large commercial real estate transactions where millions of dollars are invested in reliance on the validity of real estate titles. The policies also require the insurers to pay for the costs of defense of their insured's in legal contests over what they have insured.

For information on title insurance overcharges in Pennsylvania please visit www.ssem.com.

About the Author
Capital Ingenuity Corporation provides SEM services for attorneys and law firms.

Friday, January 5, 2007

Internet Law in 2007

Internet Law in 2007 by Gerard Simington

As we start off the 2007 year, many in the web community probably have questions about what developments we can expect in web law in 2007. Well, the issues already appear to be coming together.
Internet Law in 2007
The beauty of the web is it is still a relatively new communication platform and is evolving on a daily basis. From a legal standpoint, this raises all kinds of issues and problems. The law prefers stability. It is also generally slow to react to new issues. Since the net is evolving on a daily basis, this puts the legal issues regarding it in some what of a time warp. Simply put, the law is a couple years behind on issues such as phishing, privacy and so on. Still, 2007 is cranking up to be an interesting year.
One of the major areas where we should see more legal wrangling in 2007 is privacy rights. While you might immediately jump to the conclusion I am talking about how the government invades our privacy, I am not. Instead, the issue of how companies use our private information is going to come front and center again. Specifically, the security used by companies in protecting our information is laughable. It seems a day does not pass without a company announcing it has been hacked and private information exposed. Frankly, it is a miracle that identity theft is not a bigger problem. Regardless, you should expect Congress and lawsuits to carve out clearer rules on this issue.
In some ways, 2007 will be the same as 2006, 2005 and so on in one are - copyright. If you work on the web, you are probably sick of hearing about copyright by now. I am! Still, the issue continues to rear its head as new web innovations arise. The obvious issue arising now is YouTube and similar sites. Specifically, what happens when people post content that they do not own the copyright on? Well, things are going to get interesting to say the least. Unlike Napster, YouTube is now backed by big money Google, and has the deep pockets to fight copyright claims by the music industry, etc. This doesn't necessarily mean it will win, but it should be an interesting fight!
A second area of copyright law as applied to the web is also starting to show some strength. It is in the field of search engine optimization, to wit, the great game of trying to obtain organic rankings for your site on Google, Yahoo, MSN and so on. Google is at the center of the issue. It has implemented a duplicate content filter that basically eliminates certain pages from the rankings if they have the same content as other sites. This is becoming aggravating for certain sites when their content is stolen, used on another site and then the offending site is used in the rankings. It is blatant copyright infringement and you can expect to see larger sites taking legal action to protect their turf.
Since the web evolves a breakneck speed, you can expect there to be many more legal areas popping up in 2007. SPAM may very well be one of them given the monumental failure of the CAN-SPAM Act. As to other areas, we will just have to wait and watch.
About the Author
Gerard Simington is with FindAnAttorneyForMe.com - an online
internet law resource

Divorce is an Excruciating Process

Divorce is an excruciating process by Munish Rathee

Divorce is an excruciating process. It hurts the sentiment and morale of everyone involved. We at Urban & Pozzuto LLC strive to make this process smoother and quicker. The creative attorneys at Urban & Pozzuto LLC believe more in a separation through mutual understanding rather then the Hostile divorces. Mediation or collaborative divorces are a growing way of resolving split-up issues. Collaborative ways are less adversarial and allows greater control and privacy to both parties. It also saves money, saves mental stress, and in most cases achieves outcomes comparable with adversarial methods. The mediated settlements are also encouraged by courts and such divorces often got approved quickly. Collaborative law approves to the process where both sides are represented by lawyers but obligate to negotiating a resolution and refraining from litigation. Comparatively harmonious approach such as collaborative divorce usually reduces the pain of divorce for all parties. During the starting phase of this process both parties and their attorneys sign a partaking Agreement. This agreement requires: * The exchange of complete financial information from both sides so that each party can compose right decisions * To sustain total privacy during the settlement process, it helps both parties to feel free about expressing their requirements and worries, * To attain written agreement on all disputes outside of the contested court proceedings, * To authorize the attorneys the use of written agreement to obtain a final court order. Collaborative law helps both parties to shield the children from the harm legal action can inflict. It helps all parties to preserve a respectful relationship between them after the separation process is over. This type of process keeps the self-esteem of both parties and is a very positive solution for entire family. The process: First, both of the parties meet up with their collaborative attorneys to talk about individual requests and apprehensions. Then, the parties and their lawyers meet in round-table meetings to reach a resolution without involving the court. All the issues including property distribution, child custody, and support are discussed in these conferences. Both parties got benefited from the expertise, recommendation, and support of attorneys while striving to work things out in a positive, future-oriented way. When a resolution is achieved, attorneys file the suitable paperwork necessary for the court proceedings. No court appearances are required to get hold of a final divorce or separation announcement.
About the Author
Munish Rathee working on
divorce related sites, new jersey family law attorney, Cleveland Divorce Attorney , Connecticut divorce attorneys , relationships after divorce.

How to Estimate the Value of Your Personal Injury Settlement

How to Estimate the Value of Your Personal Injury Settlement by Natalie Aranda

In most cases where you are a victim of a personal injury that is the fault of another, you are going to receive a settlement offer prior to going to court. There is a good reason for this. If you are a resident of Massachusetts, there are going to be a long list of Boston personal injury attorneys more than happy to see your case go to court. It is also going to be that same Boston personal injury attorney who will gain the most from a protected court case. The attorney fees will take a serious amount of the ultimate settlement.
However, just because you are able to avoid going to court and have been offered a settlement does not mean you have no need for a Boston personal injury lawyer. Boston personal injury lawyers are also going to be of great assistance in the important task of estimating the value of your settlement. This is something that you are not really wise to attempt to do by yourself. It is very much like filling out a rather complicated tax form. The tax specialist will be aware of all of those little known deductions that reduce your tax liability. Personal injury settlements are the same. There is a record of prior settlements that can be studied as guidelines, and only an expert will be able to insure that you are getting everything that you deserve.
Like the little known tax deductions, there are often things that a normal person might fail to take into consideration when estimating his needs over the life of the settlement. These might include such things as the cost of additional medical treatments or special nursing arrangements. Other factors that are often overlooked include replacement of lost income and the need for retirement planning. The tax liabilities of the settlement proceeds are also important. It is necessary to insure that the settlement provides for all of these things completely. One pitfall of life settlements that is often overlooked is what happens should you die shortly after the settlement. Does the settlement payments cease in this case? How will payments to your estate or beneficiaries be handled?
These are questions that an attorney your attorney can answer. There is a great danger in personal injury cases that the amount of money offered in the first attempt at settlement might appear to be very tempting. It is often more money than you have ever had at one time, and the first impulse is to grab it. It is important to remember that you have your whole life to consider, and possible a family that depends on you despite your injury. Hire and attorney and make the right decision.
About the Author
Natalie Aranda writes about laws and family
.

Child Custody

Child Custody by Bob Janeway

What is child custody? Child custody and guardianship refers to the practical and legal relationship between a parent and his child, which includes caring and making decisions for the child. The concept of the terms 'custody' 'access' or 'visitation' have now been replaced by 'residence' and 'contact'. Instead of the courts stating that a parent has 'custody' of a child, the child is now being said to 'reside' with that parent.
Child custody is an issue that typically rises from incidents such as divorces, annulments and legal actions that involve children. Common statutory provisions state that the child born within a marriage will get the joint guardianship of the parents and the right of either parent to the child's custody after their separation is equal.

However, the issues involving residence and contact will be determined based on what the courts see as the most positive for the child's interests. In fact, legal professionals are already referring to custody and visitation as 'parenting schedule' in order to remove any negative connotations about the distinction between the parent who gets child custody and the parent who does not.

Who decides? Most laws regarding child custody are state laws. In case of a divorce, it is the court which has jurisdiction over the proceedings who will determine which parent or guardian gets child custody. In most cases, parents with children under 18 years of age will be required to file for custody in case of divorce or annulment. For children under 21, both parents will be mandated to provide support following the Child Support Standards Act.

Who gets custody? Child custody is determined on the basis of what the court deems 'in the best interests' of the concerned child or children. In cases of parents or guardians separating, the court will decide on which parent will be better able to provide for the child's needs. Child custody proceedings are child-centered and the standards for custodial awards are designed for the protection of the child.

As long as there is no evidence of misconduct on the part of either parent, their rights to child custody are considered equal. For this reason, the parent's history, mental state, financial capability and relationship with his or her child will be considered when the court has to make a decision.
In the case of married parents filing for custody or divorce, legal custody of their child or children will be automatically shared between them, albeit temporarily. Sole legal custody to one parent will only be awarded if the court finds evidence that it is really for the child's best interests.

The court may also schedule specific periods to be followed by both parents, depending on the needs of the child. Older children and those in their teens may need longer time spent with each parent and don't require frequent shifts between guardians. Younger children, on the other hand, may need shorter and more frequent periods spent with each parent.

Issues that may affect a parent's request for child custody Some issues will be considered by the court as evidence that a parent is unfit to have custody of his or her child, including use of alcohol, drugs and illegal substance, mental disorder, desertion, unwillingness or inability to participate in the child's care and family abuse.

Both past and present evidences of abuse or neglect will be considered by the courts to determine which parent is best suited to have custody of the child. However, this presumption is rebuttable and the abusive parent may challenge it in the court if he or she so wishes.

For a child with unmarried parents, it is the mother who automatically gets custody unless a family court decides otherwise. If the court finds evidence that the parents can perform joint responsibility and can both provide for the child's best interests, both parents (if they agree) may be awarded with shared physical or shared legal custody.

About the Author
Bob Janeway is owner of
http://childcustody.knowsmart.com/ which is an up-to-date child custody information site.

HOW TO GET FREE LEGAL AID

HOW TO GET FREE LEGAL AID

Low income families can get details about free legal aid by writing to: THE OFFICE OF ECONOMIC OPPORTUNITIES, LEGAL SERVICES, WASHINGTON, DC, or if you live in a large city consult the yellow pages of your phone directory for a local Legal Aid Society.
Source: http://www.ContentMart.com/

Naturalization Requirements and General Information

NATURALIZATION REQUIREMENTS AND GENERAL INFORMATION

Table of Contents

Part I

1 General Information

2 How to Apply for Naturalization Filing the Application--Fingerprints Citizenship of Applicant’s Children Examination on the Application Oath Ceremony

3 General Naturalization Requirements Age Lawful Admission Residence & Physical Presence Permission to be Absent (a) Employment by American Organizations (b) Employment by the U. S. Government (c) Service for Religious Organizations Character and Loyalty Communist Party and Similar Membership Deportation Literacy and Educational Requirements Oath of Allegiance
4 Naturalization Requirements for Special Classes Wives and Husbands of U.S. Citizens Marriage to a Citizen Marriage to a Citizen Stationed Abroad Overseas Assignment of Citizen Spouses Surviving Spouse of US. Citizen Service Member Naturalization of Children of Citizen Parents Naturalization of Adopted Children of Citizen Parents Former U. S. Citizens Veterans of Foreign Armed Forces American Women Who Married Aliens Service Members of the Military or Veterans Military Service During Certain Periods Ineligible Service Members Service for Three Years (1) When Three Years’ Service Continuous (2) When Three Years’ Not Continuous. (3) Application Made more than Six Months After Service Ends Mariners Employees of Organizations Promoting United States Interests Abroad Posthumous Citizenship
5 Naturalization and Citizenship Paper Lost, Mutilated, or Destroyed, or Where Name has been Changed

6 Declaration of Intention

7 Certificates of Citizenship for Children and Wives of Citizens

8 Legalizing Stay in the United States

9 Offices of the Immigration and Naturalization Service

General Information Part I
This booklet provides information in brief and plain language about the principal requirements for naturalization; the special classes of persons who are exempt from some of those requirements; and what a person must do to become a naturalized citizen of the United States. It also includes a brief discussion on how to obtain a copy of a naturalization or citizenship paper (part 5); how to file a declaration of intention (part 6); how to obtain a Certificate of Citizenship (part 7); and how to legalize an alien’s residence in the United States so that he or she may be able to apply for naturalization (part 8).

The naturalization laws equally apply to both men and women and to all races. All persons follow the same procedures and become naturalized citizens of the United States in the same way.
An alien living in the United States must keep the Immigration and Naturalization Service informed of changes in his or her address. A lawful permanent resident is given an Alien Registration Receipt Card. This card has a number on it which should be shown in all applications and when writing to the Immigration and Naturalization Service about a case.
Anyone who cannot find the answer to a naturalization related problem in this pamphlet or who may desire any additional information, may obtain it from the nearest office of the Immigration and Naturalization Service. A list of offices of the Immigration and Naturalization Service appears in Part 9.
How to Apply for Naturalization Part 2
The requirements for naturalization that need fuller explanation are discussed in more detail at a later point. The steps to become naturalized, however, are the same for all persons and are set out below.
Filing the Application - Fingerprints
The first step is to get an application and, except for children under 14 years of age, a fingerprint card from the nearest office of the Immigration and Naturalization Service or from a social service agency in the community. The application to be used is Form N-400, 'Application for Naturalization.' For an optional procedure to gain citizenship for an adopted child of U.S. citizen parents (or parent, if single), see page 24.
The application, the fingerprint card, and the Biographic Information form if appropriate, which are furnished without charge, must be filled out according to the instructions and filed with the office of the Immigration and Naturalization Service with jurisdiction over the applicant’s residence. Three unsigned photographs as described in the application must be submitted. A fee is required and must be submitted with the application. No currency should be sent by mail.
Citizenship of Applicant’s Children
If a parent who is applying for naturalization expects to be naturalized before any of his or her children reaches age 18, it is likely that such children who are living in the United States will automatically become citizens. This would happen if the children’s other parent already is a citizen, or is deceased, or if both parents are naturalized at the same time, or if the parents are legally separated and the parent being naturalized has the legal custody of the children, or if the parent being naturalized is the mother of the children and the children were born out of wedlock.
These children may obtain certificates of citizenship in their own names, showing that they became citizens on the same date that the parent was naturalized, by filing Form N-600, 'Application for Certificate of Citizenship,' in accordance with instructions on the form. The application must be filed after the naturalization of the parent(s). A fee is required and must be submitted with the application. No currency should be sent in the mail. The children involved who are over age 14 will appear before the naturalization examiner and must take the same oath of allegiance as is required of persons who naturalize.
Examination on the Application
After certain actions on the application have been completed by the Immigration and Naturalization Service, the applicant must appear before a naturalization examiner for examination on the application. The Immigration and Naturalization Service will advise the applicant when and where to appear for the examination. The applicant will be examined on the information submitted on the application for naturalization, and on his or her English literacy and knowledge of the form of government and history of the United States.
If the examiner finds that an applicant has not demonstrated eligibility for naturalization, the application will be denied and the applicant will be so notified. The applicant may request a .hearing on the denied application by filing Form N-336, 'Request for Hearing on a Decision in Naturalization Proceedings Under Section 335 of the Act,' according to instructions included on the form, and with the required fee.
Oath Ceremony
After the examination has been completed and the application approved, the applicant will be notified to appear at an oath ceremony where the applicant will be sworn in as a citizen of the United States. The applicant may be able to choose to be sworn in as a citizen by a Service officer in a Service-conducted ceremony or by a judge of a competent court in a court-conducted ceremony. In the event that the applicant wishes to apply for a change of name, the applicant will be required to appear at a court-conducted oath ceremony.
Sometimes an applicant for naturalization is prevented by sickness or physical disability from appearing before an examining officer. When this happens, it may be possible to make other arrangements so that the applicant will not have to travel to a Service office or to appear in court. Further information about what should be done by such a person to become naturalized can be obtained from the nearest office of the Immigration and Naturalization Service.
When the applicant appears at the oath ceremony, he or she takes an oath of allegiance to the United States. In doing so, he or she gives up allegiance to any foreign country and promises to support and defend the Constitution and laws of the United States.
When a large number of persons become citizens in a ceremony, it may not be possible to issue certificates immediately showing that they have been granted citizenship. In such instances, the certificates of naturalization are mailed to them later, or other arrangements for subsequent delivery are made.
General Naturalization Requirements Part 3
Applicants must be present in the United States, and must meet every requirement for naturalization in this Part and Part 2, unless they are persons who fall within special classes that are exempt from some of those requirements. These special classes are discussed in Part 4. The basic requirements for naturalization are set out below.
Age
A person must be at least 18 years of age before he or she can apply for naturalization.
Lawful Admission
Only an alien who has been lawfully admitted to this country for permanent residence can be naturalized. This means that the alien must have been lawfully allowed to live permanently in this country as an immigrant. Not all aliens in the United States have been given this privilege. Some, for example, visitors, students, and seamen, have been allowed to come into this country only temporarily and, therefore, cannot lawfully remain here permanently. These persons do not meet the requirements of this paragraph. Neither does an alien who succeeded in getting into the United States unlawfully, such as by hiding convictions for serious crimes, or by deserting a ship, or by sneaking into the United States.
An alien who has been allowed to live here permanently as an immigrant loses that privilege, as well as the privilege of becoming naturalized, if he or she leaves the United States with the intention of abandoning residence in this country.
Caution: An alien who has been admitted to the United States for permanent residence and who established residence in the United States may choose to be treated as a nonresident alien for the purpose of gaining certain benefits under the income tax laws. In order to become a nonresident alien for that purpose, the alien must leave the United States and in doing so must intend to abandon residence in the United States. The intent to abandon may be formed also after the alien has left the United States.
An alien who chooses to become a nonresident for tax purposes may be considered as having also given up and lost his or her status as an immigrant under the immigration and naturalization laws. This could mean that the alien may become ineligible for an immigrant visa, or a reentry permit or other document, for which permanent residents are eligible; may become inadmissible to the United States if seeking readmission as a returning resident with a reentry permit, an alien registration receipt card or a returning resident visa; and may become ineligible for naturalization.
Aliens should give careful consideration to the possible consequences mentioned above, before deciding to claim nonresident alien status for tax purposes.
Residence and Physical Presence
After an applicant has been admitted for permanent residence, he or she must reside in the United States continuously for at least five years just before filing an application for naturalization with the Service.
At least the last three months of that five years’ residence, immediately before the filing of the application, must also be residence in the State or Service district where the application is being filed.
The applicant is not obliged to stay in the United States during every day of the five-year period. Short visits may be made outside the United States, either before or after applying for naturalization, and may include as part of the required five years’ residence the time absent. However, the applicant must be sure that:
(a) he or she is not absent for a continuous period of one year or more and
(b) he or she is not out of the United States for a total of more than 30 months during the last five years.
Generally, if the applicant is absent for one year or more at any one time during the five-year period just before filing the application, he or she breaks naturalization residence and must complete a new period of residence after returning to the United States. This means that he or she will have to wait at least four years and one day after coming back before he or she can be naturalized. Furthermore, if during the five-year period he or she has been absent for a total of more than 30 months, he or she will have to stay in the United States until he or she has been physically present for at least a total of 30 months out of the last five years just before filing an application for naturalization.
Permission to be Absent
Under certain circumstances, persons and their dependents who expect to be continuously absent from the United States for a year or more in work within one of the below listed classes may be given permission to be absent without breaking their naturalization residence. To obtain this permission, an application must be made on Form N-470, 'Application to Preserve Residence for Naturalization Purposes,' in accordance with the instruction on the form. The fee must be submitted with the form. No currency should be sent in the mail.
Persons and dependent members of their households who may qualify for this permission fall into three categories as discussed below. It should be particularly noted that there are important differences between the classes with regard to what is necessary to be eligible for the permission, when the application must be made, and whether the person may be considered to be physically present as well as residing in the United States during the absence.
(a) Employment by American Organizations. Such organizations include:
(1) American firms or corporations, or their subsidiaries, which are developing foreign trade and commerce of the United States.
(2) American institutions of research recognized by the Attorney General.
(3) Certain public international organizations in which the United States takes part.
To be eligible to obtain permission, employees within this class must first have
been physically present in the United States for an uninterrupted period of at least one year after their lawful admission for permanent residence.
If possible, the application for permission should be filed before the applicant leaves the United States. It must be filed before the applicant has already broken residence by being continuously absent from the United States for as much as one year. It must be filed even though the employee has been issued a reentry permit to use to come back to the United States after the absence. The reentry permit alone is not enough to protect naturalization residence. Unless the application is filed and approved by the Immigration and Nationalization Service, absence for a year or more will break naturalization residence even though the absence may have been for employment by one of the above organizations.
Notwithstanding the fact that the Immigration and Naturalization Service may have granted permission for the absence and, therefore, the applicant’s naturalization residence remains unbroken by the absence of a year or more, employees within this class cannot include the time they are absent as any part of the 30 months’ physical presence required to qualify for naturalization. Care must be taken, therefore, to have been actually physically present in the United States for not less than 30 months of the five years just before filing applications for naturalization. The benefit of this section includes the applicant, the spouse and dependent unmarried sons and daughters.
(b) Employment by the United States Government. The requirements to obtain permission to be absent and the benefits of being granted permission are the same for United States Government employees and their dependents as for the employees of American organizations above, with one exception:
Government employees are regarded as physically present in the United States during the time they are absent with the required permission. They may include, therefore, as part of the 30 months’ physical presence for naturalization purposes the time that, with permission, they are absent in Government employment.
Government employees who are to be absent for continuous periods less than one year do not have to apply for permission to be absent, and may count each continuous period of less than one year abroad toward the thirty months that they must be physically present in the United States.
(c) Service for Religious Organizations. Persons engaged abroad as priests,
ministers, missionaries, brothers, nuns, or sisters by a religious denomination or interdenominational mission organization which has an organization in the United States and who are granted permission to cover the absence enjoy the same benefits that are granted to Government employees, including the right to count as physical presence in the United States the time they are absent with permission.
Persons within this class have the additional privilege of applying for permission to cover the absence at any. time. They may also be granted permission to be absent even though they have not yet completed a year of uninterrupted physical presence in the United States after their lawful admission for permanent residence. If they have not completed this year of uninterrupted physical presence, however, they must complete at least one year of uninterrupted physical presence in the United States before they can file their applications for naturalization. The benefit of this section is limited to the applicant.
Character and Loyalty
An applicant for naturalization must show that, during all of the five years just before filing an application for naturalization, and up until he or she is sworn in as a citizen, he or she has been a person of good moral character who believes in the principles of the Constitution of the United States and is favorable to the good order and happiness of the United States.
The naturalization law states that an applicant for naturalization cannot be considered to be of good moral character if he or she comes within any of the following classes at any time during the five-year period and up until becoming naturalized:
(a) Habitual drunkards;
(b) Polygamists, persons connected with prostitution or narcotics, criminals;
(c) Convicted gamblers, persons getting their principal income from gambling;
(d) Persons who lie under oath to gain a benefit under the immigration or naturalization laws;
(e) Persons convicted and jailed for as much as 180 days.
A person also can never become a citizen if he or she has been convicted of murder or an aggravated felony at any time.
The disqualifications listed above are not the only reasons for which a person may be found to lack good moral character. Other types of behavior may be taken into consideration by the Service officer in deciding whether or not an applicant has the good moral character required to become a citizen.
Aliens who have refused to performed their duties to serve in the armed forces of the United States may also be denied citizenship. These include persons who have been convicted of deserting or evading service in the armed forces of the United States during time of war, as well as persons who applied for and were given exemption from service on the ground that they were aliens.
Communist Party and Similar Membership
A person cannot become a citizen who, at any time during a period of ten years just before filing an application for naturalization, has been a member of or connected with the Communist Party or a similar party within or outside the United States; or a member of or connected with any other party or organization that is against all organized government or for world communism, dictatorship in the United States, overthrowing the United States Government by force, injuring or killing officers of the United States, or sabotage.
If the membership or connection with any of these parties or organizations during the ten-year period was involuntary, or before 16 years of age, or compelled by law, or to get employment, food or the necessities of life, the person may become a citizen if no longer a member of or otherwise connected with the party or organization.
Deportation
A person who has broken the immigration laws and as a result is under a deportation order cannot be naturalized. This provision may not apply to a person who is applying for naturalization based upon his or her military service.
Literacy and Educational Requirements
Unless physically unable to do so, an applicant for naturalization must be able to speak and understand simple English as well as read and write it. However, if on the date of the examination the applicant is more than 50 years of age and has been a lawful permanent resident for 20 years or more, or the applicant is more than 55 years of age and has been a lawful permanent resident for 15 years or more, the applicant will be exempt from the English language requirement of the law. If exempt, the applicant may take the examination in any language.
All applicants physically able to write, must also be able to sign their names in the English language. However, the person mentioned above who is excused from knowing English is permitted to sign in a foreign language if unable to sign in English.
Every person applying for naturalization, including the persons mentioned above, must pass an examination showing that he or she is knowledgeable about the history and form of government of the United States. There are no exceptions to this requirement. The examination on these matters and on English is given by a naturalization examiner at the time the applicant appears for the examination on the application for naturalization. The questions the examiner asks are in simple English and to be able to answer them requires knowledge only of subjects that anyone who has really tried to learn will be familiar with.
The Service recognizes certain standardized English Language/Citizenship tests from private test givers that an applicant may take at approved testing sites. The applicant may take the test several times until achieving a passing grade. The Service is not advised of the identities of those persons who do not pass the test, and failure of this test does not have any effect in the applicant’s ability to retake this alternative test or be tested by a Service officer. The successful results are transmitted to the Service. However, an applicant must submit a copy of his/her test results with the application. The test would be taken in place of the test given by a Service officer.
The applicant would still be examined by a Service officer on the contents of the application and the ability to speak English.
In many places the public schools, as well as other community groups, have citizenship classes to prepare persons to become citizens. Certain educational institutions also offer courses by mail for persons who want to study under their supervision at home instead of in school. The nearest Immigration and Naturalization Service office can furnish information about the correspondence courses. The Federal Government also publishes textbooks to aid applicants for naturalization in studying to become citizens. It is upon the information in these books that the examination on history and government is given. Applicants who attend citizenship classes in public schools or who are studying by mail receive these books from the schools without charge. The books can also be bought directly from the Superintendent of Documents, Government Printing Office, Washington, DC 20402, and can be used to study privately at home instead of under the supervision of a school.
Form M-132, 'Information Concerning Citizenship Education to Meet Naturalization Requirements,' contains more information about the Federal Textbooks on Citizenship and courses that can be taken by mail. This form can be obtained without charge from the nearest office of the Immigration and Naturalization Service.
Oath of Allegiance
Before being admitted to citizenship (unless a child is too young to understand), an applicant for naturalization must give up any foreign allegiance and any foreign title and must promise to obey the Constitution and laws of the United States. Unless it is against his or her religious beliefs, the applicant must also promise to bear arms or fight for the United States, to perform other types of service in the armed forces of the United States, and to do work of importance to the national interest when asked to do so.
If it is against the religious beliefs of a person to fight for the United States or to perform other types of service in the armed forces of the United States, that person can be excused from promising to do these things and may become naturalized without making such a promise. However, the person cannot be excused from promising to do work as a civilian which is important to the nation.
Naturalization Requirements for Special Classes Part 4
This part discusses special classes of persons who may become naturalized even though they cannot meet all of the requirements mentioned in Parts 2 and 3 of this pamphlet. This part will list under each class the particular exemptions for that class. Unless so listed, an applicant who comes within a special class generally must still meet the requirements and follow the procedures mentioned in Parts 2 and 3.
Wives and Husbands of United States Citizens
A person who is married to a citizen of the United States may become naturalized in the same way as any other alien or may take advantage of special naturalization exemptions that are granted to the spouse of a citizen of the United States. These exemptions fall into two classes, the first is granted simply because of the relationship to a citizen and the second is granted because of the relationship to a citizen who is stationed abroad. Both of these classes are discussed below.
Marriage to a Citizen
An applicant:
(1) whose spouse has been a citizen of the United States for at least three years; and
(2) who has been married to and living with the citizen spouse for at least the three-year period just before the date of filing an application for naturalization may become a citizen of the United States upon meeting all of the requirements for naturalization in Parts 2 and 3 except:
Instead of five years’ residence and 30 months’ physical presence, the applicant must reside in the United States for only three years after being lawfully admitted for permanent residence and just before filing the application. For at least one-half of that three-year period, or 18 months, the applicant must have been present in person in the United States.
Marriage to a Citizen Stationed Abroad
An applicant:
(1) whose spouse is a citizen of the United States working or serving in a foreign country for one of the reasons below;
(2) who, upon becoming naturalized, will live abroad with the citizen spouse; and
(3) who will again reside in the United States as soon as the foreign work or service of the citizen spouse ends may become a citizen of the United States if all the requirements for naturalization in Parts 2 and 3 are met except:
(a) the application does not have to be filed in the place where the applicant lives, but may be filed in any Service office; and
(b) the applicant may be naturalized without having resided in the United States or any State, and without having been physically present in the United States, for any particular length of time after being lawfully admitted for permanent residence.
Generally, if the applicant is absent for one year or more at any one time during the three-year period just before-filing the application, he or she breaks naturalization residence and must complete a new period of residence after returning to the United States. This means that he or she will have to wait at least 2 years and 1 day after coming back before he or she can be naturalized.
Furthermore. if during the three-year period he or she has been absent for a total of more than 18 months, he or she will have to stay in the United States until he or she has been physically present for at least a total of 18 months out of the last three years just before filing an application for naturalization.
Overseas assignment of Citizen Spouse
For the applicant to qualify for the exceptions mentioned previously, the citizen spouse must be working or serving in the foreign country:
(1) in the employment of the United States Government (including service in the armed forces of the United States);
(2) in the employment of an American institution of research recognized by the Attorney General;
(3) in the employment of an American firm or corporation, or its subsidiary, which is developing the foreign trade of the United States;
(4) in the employment of certain public international organizations in which the United States takes part;
(5) under authority to perform the functions of a minister or priest of a religious denomination having an organization within the United States; or
(6) under an engagement solely as a missionary by a religious denomination or by an interdenominational mission organization having an organization within the United States.
The applicant must include with the application a written statement indicating that the citizen spouse’s employment meets these qualifications, that the applicant intends to reside abroad with the citizen spouse, and that the applicant intends to take up residence within the United States immediately upon the termination of such employment abroad of the citizen spouse.
Surviving Spouse of United States Citizen Service Member
Any person whose citizen spouse dies during a period of honorable and active
service in the armed forces of the United States, and who was living in marital union with the citizen spouse at the time of the service member’s death, may become a citizen of the United States if all the requirements in Parts 2 and 3 are met except:
(a) the application does not have to be filed in the place where the applicant lives, but may be filed in any Service office; and
(b) the applicant may be naturalized without having been physically present in the United States for any particular length of time after being lawfully admitted for permanent residence.
Naturalization of Children of Citizen Parents
The fact that one or both parents may have been citizens of the United States at the time of a child’s birth in a foreign country, or may have become naturalized citizens of the United States after the child’s birth is not enough in itself to give United States Citizenship automatically to the child. Additional conditions which must be satisfied by the parents and child affect the question of whether the child becomes a citizen. For more information on who is a citizen automatically, please refer to Part 7, Certificates of Citizenship for children and wives of citizens. A child who is under 18 years of age and a lawful permanent resident, who is not a citizen automatically through the parents, may nevertheless become a citizen if an application for naturalization is filed by the citizen parent on behalf of the child under certain conditions.
(1) The citizen parent must file an 'Application for Naturalization,' Form N-400, with the required fee.
(2) The child is required to submit a fingerprint chart, Form FD-258, if 14 years of age or older.
(3) The child’s naturalization -- admission to citizenship -- must be completed before the child’s 18th birthday.
The child and a parent (not necessarily the parent who filed the application on behalf of the child) would be required to appear at an oath ceremony to be administered the oath of allegiance, unless the child is of tender years, in which case the administration of the oath may be waived.
The child does not have to:
(1) speak, read, or write English;
(2) know about the history and form of government of the United States; or
(3) have lived or been physically present in the United States or in a State for any particular length of time after admission for permanent residence.
Naturalization of Adopted Children of Citizen Parents
A child who is adopted by a citizen parent or parents does not automatically become a United States citizen.
A child adopted either in the United States or abroad by two citizen parents (or only one parent if the parent is unmarried) and admitted to the United States as a lawful permanent resident before reaching the age of 18 years may naturalize if the child:
(1) is under 18 years of age;
(2) was adopted before reaching the age of 16 by the citizen parent(s);
(3) is residing in the United States in the custody of the adopting citizen parent(s), pursuant to a lawful admission for permanent residence;
(4) at least one of the citizen parents files Form N-643, 'Application for Certificate of Citizenship in Behalf of an Adopted Child,' before the child reaches the age of 18, with the Immigration and Naturalization Service; and
(5) the parents are be citizens at the time of filing the application.
The child is not a citizen until the N-643 is approved.
The child may also be naturalized under the procures outlined in the section entitled Naturalization of Children. This would be the only procedure available if the parents wish to change the child name as a part of the naturalization or if the adoptive parents are married and only one is a United States citizen.
Former United States Citizens
The only former citizens of the United States who are granted any exceptions from the requirements for naturalization in Pads 2 and 3 are persons who lost their United States citizenship during World War II as a result of service in the armed forces of certain foreign countries and women who lost their United States citizenship as a result of marriage to aliens. Both of these classes are discussed below:
Veterans of Foreign Armed Forces
Any person who:
(1) lost United States citizenship between September 1, 1939 and September 2, 1945;
(2) as a result of service between September 1, 1939 and September 2, 1945 in the armed forces of a foreign country; and
(3) fought against a country with which the United States was at war after December 7, 1941 and before September 2, 1945, may become a citizen of the United States if he or she meets all of the requirements for naturalization in Parts 2 and 3 except:
(a) the application for naturalization does not have to be filed in the place where he or she lives, but it can be filed in any Service office; and
(b) he or she can be naturalized without having resided and without' having been physically present in the United States or any State for any particular length of time after admission for permanent residence.
American Women Who Married Aliens
As a general rule, a woman automatically lost her United States citizenship if, before September 22, 1922, she married an alien, or her husband was naturalized in a foreign country, or if, between that date and March 3, 1931, she married an alien who was not of the white race or African race. In each of these instances, she lost her citizenship if she entered into the marriage with the intention of relinquishing her United States citizenship.
If citizenship was lost by such marriage, there are simplified ways in which United States citizenship and the rights of citizenship may be regained. However, not all cases follow the same procedure. For example, some women who were native-born citizens and whose marriages either ended before January 13, 1941, or who remained in the United States after the marriages, have been automatically given back their United States citizenship, but they must take an oath of allegiance to the United States before they can do what only a citizen can do, such as vote. Others must file an application for naturalization in order to get back their United States citizenship, but they are exempt from some of the requirements in Parts 2 and 3, such as from any particular period of residence and physical presence in the United States.
Any woman who was the wife of an alien at any time during the periods stated above and who wants advice about her citizenship may get it at the nearest office of the Immigration and Naturalization Service or, if she is abroad, at the nearest American Consulate.
Service Members of the Military or Veterans
An alien who has served or is serving in .the armed forces of the United States does not automatically become a citizen of the United States. Like other aliens, such alien must apply for naturalization and be admitted to citizenship. However, depending upon such matters as the period during which he or she served, the length of service, and other factors which will be mentioned below- he or she may be exempt from some of the requirements other aliens must meet.
Military Service During Certain Periods
A person who has served honorably and actively in the armed forces of the United States, no matter how briefly, during any part of the periods:
(a) April 6, 1917 to November 11, 1918;
(b) September 1, 1939 to December 31, 1946;
(c) June 25, 1950 to July 1, 1955;
(d) February 28, 1961, to October 15, 1978; or
(e) October 25, 1983 to November 2, 1983 (for qualifying active duty in the geographic area of Grenada campaign), and who is not within any of the below listed ineligible classes is exempt from the following requirements.
(1) No lawful admission for permanent residence is required if he or she was inducted, enlisted or reenlisted at any time in the United States, the Panama Canal Zone, American Samoa, or Swains Island. If he or she did not at any time enter into such armed forces in one of the places mentioned he or she must have been lawfully admitted for permanent residence before he or she can be naturalized.
(2) He or she need not have resided or been physically present in the United States or any State for any particular length of time.
(3) He or she does not have to file the application in the place where he or she lives, but can file it in any Service office.
(4) He or she may be naturalized regardless of the fact that the person has been ordered deported from the United States.
Ineligible Service Members
The following persons do not qualify for the special naturalization exemptions discussed immediately above:
(1) veterans who were discharged at their request because of alienage;
(2) conscientious objectors who performed no military duty whatever or refused to wear the uniform; or
(3) veterans who were once naturalized on the basis of the same period of military service and have since lost their citizenship.
The fact that a person is ineligible for naturalization as such a veteran does not mean that he or she may not be naturalized under the general naturalization laws applicable to other classes of aliens. He or she may still qualify for naturalization if able to meet the naturalization requirements applicable to other aliens.
Service for Three Years
Veterans who have been lawfully admitted to the United States for permanent residence and who have served honorably at any time for as much as three years, and who have received an honorable discharge, are entitled to certain exemptions from the requirements stated in Parts 2 and 3 if they come within one of the following classes:
(1) When Three Years’ Service Continuous. A person who has served honorably at any time in the armed forces of the United States for a continuous period of three years and who applies for naturalization while still in the service or not later than six months after discharge from service may be naturalized:
(a) without having resided and without having been physically present in the United States for any particular length of time;
(b) without filing the application for naturalization in the place of residence, it may be filed in any Service office; and
(c) regardless of the fact that the person has been ordered deported from the United States.
(2) When Three Years’ Service Not Continuous. A person who has served honorably at any time for three years but whose service is made up of short periods of service, instead of one continuous period, and who applies for naturalization while still in the service or not later than six months after discharge from service is entitled to the exemptions stated in (b) and (c) immediately above. However, for any part of the five years just before he or she files the application for naturalization and which is between the periods of service, he or she will have to prove residence and the other qualifications for naturalization.
(3) Application Made More Than Six Months After Service Ends. A person who has the three years of honorable service but who fails to apply for naturalization until more than six months after such service has ended is not qualified for the exemptions stated in (1) above and must comply with all the requirements in Parts 2 and 3 except that:
(a) all service within five years of the date when filing the application is considered residence and physical presence in the United States; and
(b) the fact that the person has been ordered deported from the United States does not in itself bar him or her from becoming a citizen.
If a service member for any reason is unable to qualify for the exemptions given to these veterans he or she may nevertheless be naturalized under the naturalization laws applicable to other classes of aliens if those requirements are met.
Note to persons with three years of service who must apply for naturalization within six months after discharge: the application must be filed with the Service office within the six month period.
Mariners
A merchant mariner whose employment aboard a vessel requires absence from the United States is exempt in part from the general residence and physical presence requirements for naturalization. He or she has the right to count the time of service as a merchant mariner outside the United States if such service was not as a member of the armed forces of the United States and it meets the-below listed conditions.
(1) It was performed on board a vessel:
(a) operated by the United States or one of its agencies and owned by the United States;
(b) with its home port in the United States and registered under the laws of the United States; or
(c) with its home port in the United States and owned by a citizen of the United States or a corporation organized under the laws of a State.
(2) It was performed:
(a) honorably or with good conduct;
(b) after lawful admission to the United Sites for permanent residence; and
(c) within five years of the date of filing the application for naturalization.
Employees of Organizations Promoting United States Interests Abroad
A person who has been lawfully admitted to this country for permanent residence and who thereafter is employed abroad by a United States incorporated nonprofit organization which is principally engaged in conducting abroad through communications media the dissemination of information which significantly promotes United States interests abroad and which is recognized as such by the Attorney General, may take advantage of special naturalization exemptions. Examples of such an organization are Radio Free Europe, Inc., Radio Liberty Committee, and Radio Marti.
Such a person is not required to reside or to be physically present in the United States (see pages 7, 8, 9, and 10) for any particular period of time before becoming a citizen, if the following conditions are met
(1) he or she has been employed by the organization continuously for at least five years after becoming a permanent resident;
(2) the application is filed with the Service office while the applicant is still employed, or within six months after leaving such employment; and
(3) upon becoming a citizen, the employee must intend to take up residence in this country as soon as the foreign employment ends. If the applicant is no longer employed by the organization at the time of filing the application, then he or she must intend to continue living in the United States upon becoming a citizen.
Posthumous Citizenship
Posthumous citizenship may be granted to an alien or noncitizen national of the United States who died as a result of injury or disease incurred in, or aggravated by service, in the United States Armed Forces during a specified period of military hostilities.
This is an honorific action which does not confer any benefits nor make applicable any provision of the Immigration and Nationality Act to the surviving spouse, parent, son, daughter, or other relative of the decedent.
The decedent’s nearest relative, or a properly appointed representative, may request this benefit on Form N-644, 'Application for Posthumous Citizenship,' with the required fee.
Naturalization and Citizenship Paper Lost, Mutilated or Destroyed, or Where Name has been Changed Part 5
A person whose 'Declaration of Intention' or whose certificate of naturalization/citizenship has been lost, mutilated or destroyed, or naturalized person whose name has been changed by a court or by marriage after naturalization, may apply for a new declaration or certificate. The application, Form N-565 'Application for a New Naturalization or Citizenship Document,' can be obtained without charge from the nearest office of the Immigration and Naturalization Service. It should be filled out, following the instructions and then taken or mailed to that office with the required photographs and fee. No currency should be sent in the mail. That office will then take the action necessary with regard to issuing the new document and will inform the applicant further.
Declaration of Intention Part 6
Before the present naturalization law came into effect on December 24, 1952, persons generally were required to file a declaration of intention to become a citizen of the United States -- which was known as the 'first paper' -- and then had to wait for not less than two years before they could take the next step toward becoming a citizen of the United States, that is, before they could file a petition for naturalization. Since 1952 a declaration of intention is no longer required before a person can become a citizen, and an application for naturalization may be filed as soon as the required residence and other qualifications for citizenship have been met.
The law still permits the 'Declaration of Intention,' to be filed, if one is needed for such reasons as getting certain employment or license of some kind. The only requirements are that the person be at least 18 years old and lawfully admitted to the United States for permanent residence. The declaration may be filed at any time after admission for permanent residence and in any Service office.
The person is not required to be able to read, write, and speak English or to pass any examination on the history and form of government of the United States, and he or she may sign the declaration in amy language or by mark.
The application is Form N-300, 'Application to File Declaration of Intention.' This form may be obtained from the nearest office of the Immigration and Naturalization Service or, possibly, from a social service agency in the community. It is filed with the nearest office of the Immigration and Naturalization Service. Form N-300 requires three photographs and payment of a fee as described in the application.
Certificates of Citizenship for Children and Wives of Citizens Part 7
Many persons, though not born in the United States or ever naturalized as United States citizens, may be citizens as a result of their-relationship to a United States citizen. The conditions under which a person may have become a citizen have varied from time to time and, therefore, differ so much from case to case that they cannot all be presented in detail within this pamphlet. However, we will attempt to identify the general rules of acquiring citizenship through a parent or spouse.
A child born in a foreign country of one or two United States citizen parents may acquire United States citizenship automatically at birth if certain conditions are fulfilled:
(1) both parents are United States citizens at the time of the child’s birth and one of the parents has resided for any length of time in the United States or its outlying possessions before the child’s birth;
(2) one parent is a United States citizen and the other is an alien and the citizen parent was physically present in the United States or its outlying possessions for a period or periods totaling 5 years before the child’s birth, and at least two of those five years were after the citizen parent was 14 years old. If a child was born before November 14, 1986, these physical presence requirements for the parent are different, generally, at least ten years of physical presence is required; and
(3) time served abroad in the following capacities can be counted by the citizen parent in order to satisfy the requirement of prior physical presence in the United States:
(a) honorable service in the United States armed forces;
(b) employment by the United States government;
(c) employment by an international organization associated with the United States; and
(d) physical presence abroad as a dependent unmarried son or daughter and member of the household of a person employed abroad in one of the above categories.
It must be noted that the laws in effect at the time of birth of the child will determine whether acquisition will occur. In addition, different rules may apply if a child was born illegitimate.
As discussed in part 2, a child born in a foreign country of alien parents, or adopted by alien parents, may have become a United States citizen automatically after birth, without having himself or herself applied for naturalization, if one or both of his or her parents became naturalized before the child reaches a certain age It must be noted that the law in effect at the time of the parent’s naturalization will determine if the child becomes a citizen.
Currently, a child who is a lawful permanent resident, under 18 years of age and unmarried may automatically derive citizenship of the United States through the parents under certain conditions:
(1) a child whose parents are lawful permanent residents becomes a United States citizen-on the date that the last parent is naturalized before the child’s 18th birthday;
(2) a child who has one of the natural parents already a citizen, and the other natural parent becomes naturalized before the child’s 18th birthday;
(3) a child whose surviving parent, or the parent exercising legal custody where the parents are legally separated or divorced, is naturalized before the child’s 18th birthday, regardless whether the other parent was or is an alien; or
(4) an illegitimate child whose mother naturalizes before the child’s 18th birthday and paternity has not been established.
If only one of the child’s parents naturalizes and the other remains a permanent resident, the child does not derive citizenship. Instead, the citizen parent may file a separate Application for Naturalization (N-400) on behalf of the child if the citizen parent wants the child to become a citizen before the second parent naturalizes.
An adopted child, however, does NOT become a citizen of the United States automatically, through adoption by citizen parents. See the information in Part 4 regarding the naturalization of adopted children.
Also, women who married citizens of the United States before September 22, 1922, or whose husbands became citizens during the marriage and before September 22, 1922, may have automatically become citizens of the United States as a result of their marriages. Consequently, persons who need additional information along these lines should communicate with any office of the Immigration and Naturalization Service.
Persons who have become citizens automatically may be issued certificates of citizenship by the Immigration and Naturalization Service in their own names, showing that they are citizens through their husbands or parents. A person who desires to obtain such a certificate (including a parent or guardian of a child too young to act for himself or herself) may submit an application on Form N-600, 'Application for Certificate of Citizenship,' to the nearest office of the Immigration and Naturalization Service. The filing of the application is an entirely voluntary matter, however, and the failure to submit it does not in any way affect a person’s citizenship.
The applicant should be prepared to submit in connection with the application evidence of birth, marriage, death, divorce, and other essential matters in the form of certificates or documents which will prove the claim to citizenship through marriage or through parents. Detailed instructions regarding the nature of the proof needed in each case are included in the application form.
Legalizing Stay In the United States Part 8
In the cases of some foreign-born persons who are in the United States, them are no records showing admission for permanent residence, or at least no records can be found. These persons may have been brought here during childhood and may never have known just when or how they came; or they may have come here as visitors or other temporary nonimmigrant class and decided to stay; or they may have entered unlawfully.
Since no records of lawful admission for permanent residence can be identified, they cannot become citizens of the United States until such records have been made. An alien eligible for citizenship and not within a class barred from the United States under the immigration laws, such as criminals and other immoral persons, subversives, smugglers, and persons unlawfully connected with narcotics who have resided in the United States since before January 1, 1972, can have a record of lawful admission to the United States for permanent residence created if they are persons of good moral character. The application is Form I-485, 'Application for Permanent Residence.' This form, together with information about the procedure to be followed, may be obtained from the nearest Immigration and Naturalization Service office. The required fee, photographs and supporting documents must be filed with the nearest Immigration and Naturalization Service office.
If an applicant can prove that he or she has been in the United States since before July 1, 1924, the record of admission will be made as of the date of actual entry into the United States and he or she will be able to apply for naturalization without completing any more residence in the United States. If an applicant did not come to the United States until on or after July 1, 1924 but before January 1, 1972, the record of admission will be made as of the date the application is approved, and he or she will then have to complete whatever additional residence and physical presence in the United States are required for naturalization.
Persons who claim to have entered the United States on or after January 1, 1972, should ask for information and advice from the nearest office of the Immigration and Naturalization Service or a social service agency.
Offices of the Immigration and Naturalization Service Part 9
The following is a list of offices of the Immigration and Naturalization Service from which information concerning matter referred to in this pamphlet may be obtained. (* Indicates District Offices):
Agana, Guam 96910 Charlotte, NC 28217 801 Pacific News Bldg., 6 Woodlawn Green, 238 O’Hara St. Room 138
Albany, NY 12207 *Chicago, IL 60604 James T. Foley Federal 10 West Jackson Blvd Courthouse, Room 220 445 Broadway
Albuquerque, NM 87103 Cincinnati, OH 45202 517 Gold Ave. S.W., 550 Main Street, Room 1010, P.O. Box 567 Room 8525
*Anchorage, AK 99501 *Cleveland, OH 44199 7581 Anthony Celebreeze 620 East 10th Ave., Federal Building Suite 102 1240 E. 9th Street, Room 1917
Atlanta, GA 30303 *Dallas, TX 75247 77 Forsyth Street, S.W. 8101 N. Stemmons Room G-85 Freeway
*Baltimore, MD 21201 *Denver,CO 80239-2804 Equitable Tower 4730 Paris Street 100 South Charles, Albrook Center 12th Floor
*Boston, MA 02203 *Detroit, MI 48207-4381 JFK Federal Building 333 Mt. Elliott St. Government Center
*Buffalo, NY 14202 *El Paso,TX 79901 68 Court Street 700 E. San Antonio St. P.O. Box 9398-79984
Fresno, CA 93721-2816 *Los Angeles, CA 865 Fulton Mall 90012 300 N. Los Angeles Street
*Harlingen, TX 78550 Louisville, KY 40202 2102 Teege Road Room 604, Gene Snyder Courthouse 601 West Broadway
Hartford, CT 06103-3060 Memphis, TN 38103- Ribicoff Federal Bldg 3815 450 Main Street 245 Wagner Place Suite 250
*Helena, MT 59626 *Miami, FL 33138 Federal Bldg., Rm 512 7880 Biscayne Blvd. 301 South Park, Drawer 10036
*Honolulu, HI 96813 Milwaukee, WI 53202 595 Ala Moana Blvd. Federal Building, Room 186 517 E. Wisconsin Av.
*Houston, TX 77060 509 North Belt
Indianapolis,IN 46204 *Newark, NJ 07102 Gateway Plaza, Room 400 Federal Bldg., 950 North Meridian St. 970 Broad Street
Jacksonville, FL 32202 *New Orleans, LA 400 West Bay Street 70113 Room G-18 Postal Service Bldg. P.O. Box 35029 701 Loyola Avenue Room T-8005
*Kansas City, MO 64153 9747 North Conant Ave. *New York, NY 10278 26 Federal Plaza Las Vegas, NV 89101 300 Las Vegas Blvd. Room 1430
Norfolk, VA 23510 Sacramento, CA 95814 Norfolk Fed. Bldg. 711 'J' Street 200 Granby Mall Room 439
Oklahoma City, OK Salt Lake City, UT 73108 84101 149 Highline Blvd. 230 W. 400 South St Suite 300 *San Antonio, TX *Omaha, NE 68144 78239 3736 South 8940 Fourwinds Drive 132nd St. * San Diego, CA *Philadelphia, PA 92188 19130 880 Frnot Street 1600 Callowhill St
*Phoenix, AZ 85004 * San Francisco, CA 2035 N. Central Ave. 94111-2280 630 Sansome Street
Pittsburgh, PA 15222 RM 2130 Federal Bldg. San Jose, CA 95113 1000 Liberty Avenue 280 South First St. Room 1150 * Portland, ME 04103 739 Warren Avenue *San Juan, PR 00936 P.O. Box 365068
* Portland, OR 97209 Federal Office Bldg. *Seattle, WA 98134 511 N.W. Broadway 815 Airport Way, S.
Providence, RI 02903 Spokane, WA 99201 203 John O. Pastors 691 U.S. Courthouse Federal Building Building
Reno, NV 89502 St. Albans, VT 05478 712 Mill Street Federal Building P.O. Box 328
St. Louis, MO 63103-2815 Robert A. Young Federal. Building 1222 Spruce Street
*St. Paul Bloomington, MN 55425 2901 Metro Drive Suite 100
Tampa, FL 33609 5509 W. Gray Street Suite 113
*Washington, DC Arlington, VA 22203 4420 N. Fairfax Dr.
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