Adjustment of Status & Naturalization
Immigration Law · Lesson 06
Adjustment of Status & Naturalization
這一課問的是:P 是否有資格調整為 LPR 身份,最終入籍為美國公民?
ActorActObjectStandardConsequence
Visual Scene · the picture in your head
Issue. Is P eligible to adjust to LPR status, and ultimately to naturalize as a US citizen?
這一課問的是:P 是否有資格調整為 LPR 身份,最終入籍為美國公民?
Core Terminology · 7 must-know
Tap a card to flip and reveal the meaning.
adjustment of status
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Inside-US process to become LPR.
身份調整。
Form I-485
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Application for adjustment of status.
I-485 表。
eligibility for adjustment
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Must be admissible + immigrant visa immediately available + INA § 245.
資格。
§ 245(i)
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Special grandfathering for those with old labor cert/petition.
§ 245(i)。
naturalization
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Process of becoming US citizen.
入籍。
good moral character
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Required for naturalization (5 years).
品行良好。
oath of allegiance
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Final naturalization step.
效忠宣誓。
Issue · what this lesson is really about
Is P eligible to adjust to LPR status, and ultimately to naturalize as a US citizen?
這一課問的是:P 是否有資格調整為 LPR 身份,最終入籍為美國公民?
Trigger words & phrases that should flag this issue:
adjustgreen cardnaturalizecitizenI-485
Expression Bank · how lawyers actually say it
Six function → sentence patterns. Use these in essay applications.
| Function | English sentence | 中文 |
|---|---|---|
| State adjustment | Adjustment requires admissibility, immediately available immigrant visa, and proper basis under INA § 245. | 身份調整三要件。 |
| State naturalization | Naturalization requires 5+ years LPR (3 if married to citizen), continuous residence, physical presence, good moral character, English/civics, attachment. | 入籍要件。 |
| Apply derived citizenship | Children of US citizens may derive citizenship through parents under specific conditions. | 子女可從父母得公民身份。 |
| Apply ineligibility bars | Aggravated felonies, certain criminal convictions, false claim to citizenship may bar adjustment/naturalization. | 重罪、不實主張等阻卻。 |
Rule Sentence · the workhorse
Adjustment of status under INA § 245 allows a non-citizen present in the US to become a lawful permanent resident without leaving the country, requiring admissibility and an immediately available immigrant visa; naturalization requires 5 or more years as LPR (3 if married to a US citizen), continuous residence, physical presence, good moral character, English and civics knowledge, and an oath of allegiance.
Sentence Anatomy · 5 roles, 5 colors
Every rule sentence breaks into five visual roles.
Actor 行為人applicant申請人
Act 行為filing adjustment or naturalization申請調整或入籍
Object 對象immigration status upgrade身份升級
Standard 法律標準INA § 245 + naturalization requirementsINA § 245 + 入籍要件
Consequence 後果LPR or citizenshipLPR 或公民
Casebook Snapshot · a real American case
Maslenjak v. United States
Holding. Denaturalization for naturalization fraud under 18 USC § 1425(a) requires the government to show the false statement was material — that is, the misrepresentation actually influenced the naturalization decision. Trivial lies don't suffice.
Why it matters. Maslenjak: denaturalization requires materiality; trivial misstatements during naturalization cannot strip citizenship.
Maslenjak:剝奪國籍須重大不實陳述(影響決定)。
Common Mistakes · what trips students
✗ LPR 自動 citizenship。
✓ Must affirmatively naturalize after eligibility period.
須主動入籍。
✗ any LPR 可 naturalize。
✓ Multiple eligibility requirements; not all qualify.
多項要件;非所有人合格。
Mini IRAC · build the Application
Issue. Can P, an LPR for 3.5 years married to a US citizen, naturalize?
Rule. Naturalization requires 3+ years as LPR if married to a US citizen (5+ years otherwise), plus other eligibility requirements.
Application (model). P has been an LPR for 3.5 years and is married to a US citizen. Because naturalization requires only 3 years of LPR status if married to a US citizen (versus the standard 5), the fact that P exceeds the 3-year threshold and is married to a citizen means the time-as-LPR requirement is met.
Pick the right element for each blank:
g1.
g2.
Conclusion. Therefore, P is eligible to naturalize as long as other requirements (good moral character, English/civics, attachment) are satisfied.
MBE Check · multiple choice
P, an LPR for 4 years, has a DUI conviction. Can P naturalize after the 5-year LPR period?
Practice Drill · tap to build the rule
Drop the chips here in correct order:
Tap chips to add → tap chips in the target to remove: