Category Archives: naturalization

Updated Notice to Appear (NTA) Guidance Requires USCIS to Initiate Removal Proceedings In More Cases

On June 28, 2018, USCIS issued updated guidance requiring its officers to initiate removal proceedings in more cases to align with President Trump’s executive order, Enhancing Public Safety in the Interior of the United States.  USCIS Director L. Francis Cissna said the new policy equips USCIS officers to better support the immigration enforcement priorities of the Department of Homeland Security (DHS).

The 2018 memorandum instructs USCIS to issue a Notice to Appear in removal proceedings before an Immigration Judge to inadmissible or deportable persons in an expanded range of situations, instead of referring NTAs to the U.S. Immigration & Customs Enforcement (ICE) in limited cases.  One major change is that an NTA must be issued whenever a person’s immigration benefit request is denied and he or she is “not lawfully present” in the United States.

What is a Notice to Appear?

A Notice to Appear is a Form I-862 the DHS issues to initiate removal proceedings against a person. The NTA includes the charges against the person and alleges the immigration laws he or she violated.  Some NTAs include the date and time of the initial hearing, when you first appear before an immigration judge who decides whether you should be removed or whether you qualify for relief, including voluntary departure in lieu of a removal order.

What Was the Previous USCIS Policy on Issuing a Notice to Appear? 

The November 7, 2011 Policy Memorandum (PM), which is now superseded by the June 28, 2018 PM, provided “USCIS guidelines for referring cases and issuing Notices to Appear (NTAs) in a manner that promotes the sound use of resources of the Department of Homeland Security and the Department of Justice to enhance national security, public safety, and the integrity of the immigration system. ”

The 2011 policy instructed USCIS to issue an NTA in the following situations:

  • Cases where it is required by statute or regulation, such as termination of Conditional Permanent Resident Status and denials of Form I-751, and asylum referrals.
  • Fraud or willful misrepresentation/section INA 212(a)(6)(C) cases when a Statement of Findings substantiating fraud is part of the record.
  • In naturalization (Form N-400 application) cases where the applicant is removable, including those who were inadmissible at the time of obtaining permanent residence.

The 2011 policy further directed USCIS to refer matters to ICE in the following situations:

  • Egregious Public Safety (EPS) cases “where information indicates the alien is under investigation for, has been arrested for (without disposition), or has been convicted of” certain specified aggravated felonies as defined under section 101(a)(43) of the INA; is a Human Rights Violator, is a known or suspected street gang member or is subject to Interpol  hits; or has re-entered the U.S. after removal subsequent to a felony conviction where no Form I-212, Application for Consent to Reapply for Admission, has been approved.
  • Cases where the person is inadmissible or removable due to a criminal offense falling outside of the EPS definition, after USCIS completes adjudication.

What is the Current USCIS Policy on Issuing a Notice to Appear?

The June 28, 2018 Policy Memorandum (PM) requires USCIS to issue a Notice to Appear in a broader range of cases without first consulting ICE.

Many more persons will be placed in removal proceedings as USCIS is now required to issue an NTA in the following situations:

  • If an application or petition for immigration benefits is denied and the person is not in lawful status (not lawfully present).
  • If an application or petition for immigration benefits is denied and the person is removable (i.e. subject to any removability grounds under INA 237), especially when there is evidence of fraud or misrepresentation and/or abuse of public  benefit programs.
  • Criminal cases in which the applicant is removable and has been convicted of or charged with any criminal offense, or has committed acts that are chargeable as a criminal offense, even if the criminal conduct was not the basis for the denial or is the ground of removability.
  • Naturalization cases in which the applicant is removable and USCIS denies a Form N-400, Application for Naturalization, on good moral character grounds due to a criminal offense.

USCIS will continue to apply the 2011 NTA guidance to the following:

  • Cases involving national security concerns.
  • Cases where issuing an NTA is required by statute or regulation.
  • Temporary Protected Status (TPS) cases, except where, after applying TPS regulatory provisions, a TPS denial or withdrawal results in an individual having no other lawful immigration status.
  • Deferred Action for Childhood Arrivals (DACA) recipients and applicants when USCIS is: (1) processing an initial or renewal DACA request or DACA-related benefit request; or (2) processing a DACA recipient for possible termination of DACA.

UPDATE: On September 27, USCIS announced it will begin implementing the new guidance on October 1 in certain cases. For instance, it may issue NTAs on denied status-impacting applications, including Form I-485, Application to Register Permanent Residence or Adjust Status, and Form I-539, Application to Extend/Change Nonimmigrant Status. The June 2018 NTA Policy Memo will not be implemented with respect to employment-based petitions and humanitarian applications and petitions at this time. 

In a September 27th teleconference, USCIS also said it will not issue an NTA immediately upon denial of an immigration benefit.  Normally, it will wait for the expiration of the motion or appeal period before issuing an NTA. If an NTA is issued before a motion or appeal is filed or while it is pending, and USCIS takes favorable action on the motion or appeal, USCIS will notify ICE. Withdrawing an application does not cancel USCIS’s authority to issue an NTA. 

Potential Negative Effects of the NTA Policy Change

The new NTA guidance might discourage eligible applicants from seeking immigration benefits out of fear of getting their requests denied and being placed in removal proceedings if they are not lawfully present.  This includes persons applying for a green card (lawful permanent resident status), a change or extension of status, a waiver of inadmissibility and other immigration relief.

Departing the United States on one’s own, after being denied an immigration benefit, will bring harsh penalties when an NTA is issued and the person fails to appear for the scheduled Immigration Court hearing. An in absentia removal order is issued if there is clear, unequivocal and convincing evidence that written notice was provided and that the person is removable, but did not attend the proceeding.

At the same time, those who wait in the United States for an initial court date to appear before an immigration judge will continue to accrue unlawful presence toward the 3/10-year bar to re-entry under INA 212(a)(9)(B).  A person who accrues unlawful presence of more than 180 days but less than one year is barred from re-entering the U.S. for three years. The bar to re-entry is 10 years if the person accrues unlawful presence of more than one year prior to departure. The initiation of removal proceedings does not stop the accrual of unlawful presence.

Furthermore, the updated policy turns USCIS into another immigration enforcement component of DHS, along with ICE and the U.S. Customs & Border Protection (CBP).  An increase in the issuance of NTAs will create additional backlog in the immigration court system and lengthen USCIS processing times.

Conclusion

Besides the new NTA policy, USCIS issued updated guidance to make it easier to deny a petition or application without first issuing a Request for Evidence or Notice of Intent to Deny. Another  USCIS policy change also subjects more nonimmigrant students and exchange visitors to accruing unlawful presence toward the 3/10-year bar, as well as the permanent bar under INA 212(a)(9)(C).

All these new policies are in line with the February 2018 change in USCIS’ mission statement, deleting sentences that refer to the United States as “a nation of immigrants” and to noncitizens who apply and pay for immigration benefits as “customers.” USCIS Director Cissna explained that this is “a reminder that we are always working for the American people.”

For more information, read our related articles:

Updated Policy Makes It Easier for USCIS to Deny Petitions and Applications Without First Issuing a Request for Evidence (RFE) or Notice of Intent to Deny (NOID)

USCIS Policy Change Makes Nonimmigrant Students and Exchange Visitors More Likely to Accrue Unlawful Presence Toward 3/10-Year Bar and Permanent Bar

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This article provides general information only. It is based on law, regulations and policy that are subject to change. Do not consider it as legal advice for any individual case or situation. Each legal case is different and case examples do not constitute a prediction or guarantee of success or failure in any other case. The sharing or receipt of this information does not create an attorney-client relationship.

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5 Benefits of Having Immigration Counsel at Your In-Person Interview with USCIS

When you receive notice of your in-person interview with U.S. Citizenship & Immigration Services (USCIS), you might be tempted to attend it without counsel to save on legal fees.  Many applicants, however, end up spending more money down the line because they did not have a qualified attorney helping them deal with unexpected problems at the interview.

If you filed the application or petition on your own, you could tell yourself the wait is over and the interview is just a formality before USCIS grants the immigration benefit. If you had counsel helping you with the filing, you might decide her presence at the interview is excessive because your important questions have already been addressed.

But the advantages of having reputable, experienced counsel appear with you at the interview far outweigh the disadvantage of incurring legal fees for representation.

In-person interviews with USCIS are necessary to obtain most immigration benefits, including asylum, permanent residence (green card) and naturalization (U.S. citizenship). The interview usually occurs at the USCIS Field Office with jurisdiction over the applicant’s place of residence.

As of October 2, 2017, under the Trump Administration, USCIS began to phase-in interviews for the following:

• Employment-based adjustment of status/green card applications  (Form I-485, Application to Register Permanent Residence or Adjust Status) filed on or after March 6, 2017, in the EB-1, employment based first preference, EB-2, employment based second preference, and EB-3, employment based third preference.

• Refugee/asylee relative petitions (Form I-730, Refugee/Asylee Relative Petition) for beneficiaries who are in the United States and are petitioning to join a principal asylee/refugee applicant.

Previously, except in certain situations such as when a criminal record or unlawful presence existed, applicants in these categories were not scheduled to attend an in-person interview with USCIS for their applications to be adjudicated.

USCIS plans to gradually expand interviews to other immigration benefits. It notes the change is in line with Trump’s Executive Order 13780, “Protecting the Nation From Foreign Terrorist Entry Into the United States,” and is part of the agency’s  efforts to improve the detection and prevention of fraud and enhance the integrity of the immigration system.

Here are 5 main benefits of having immigration counsel at your in-person interview with USCIS:

1. Provide protection against excessive screening or vetting

The in-person interview is a screening and vetting procedure for persons seeking immigration benefits to reside or stay long-term in the United States. While USCIS officers are trained to be professional, courteous, and respectful of your legal rights, some may turn (or may seem) hostile when there is reason to believe the applicant is committing immigration fraud, is a danger to the community, or is ineligible for or undeserving of the benefit sought.

Interviews with USCIS are not supposed to be adversarial in nature. They are meant to gather complete and accurate information (both favorable and unfavorable) to properly adjudicate the case, not to find a reason to deny the requested benefit.

Nevertheless, due to expansions in immigration enforcement priorities under the Trump Administration, there are now more reports of applicants being arrested and detained by U.S. Immigration & Customs Enforcement (ICE) at their interviews  with USCIS. These cases normally involve beneficiaries attending I-130 interviews who have prior or outstanding removal orders and have remained unlawfully in the country.

Prior to the interview, the attorney can review your criminal record and immigration history to evaluate the risks of interview attendance. While attorneys have no authority to stop ICE from lawfully apprehending or detaining an applicant at the USCIS interview, they may ask critical questions to verify where the applicant will be held and the next steps in the detention and removal process. Unless there is an express agreement, however, the attorney is not obligated to represent you beyond the interview with USCIS.

In less complicated cases — such as where ICE apprehension or detention is unlikely because the only violation is a visa overstay — your having counsel at the interview is still crucial. Attorney appearance encourages the USCIS officer to remain professional and courteous and stick to relevant issues.

2. Clarify unclear questions and complex issues

At the in-person interview, the USCIS officer may ask for any information related to questions on the application forms, your eligibility for the benefit sought, your marital history, your manner of entry into the U.S., your admissibility to the U.S. (such as any arrests, charges or convictions, or misrepresentations made to an immigration official), your educational background, and your past and present employment (including the documents you used to obtain a job in the United States).

When a USCIS officer asks a vague or unclear question, the attorney may request clarification to ensure the applicant understands what is being asked. If the attorney knows the answer is factually or legally incorrect, she may also ask the officer to rephrase the question or point to objective records in the file to show the applicant is mistaken.

3. Help prevent unnecessary delays and complications

USCIS stated the new interview requirement, which became effective on October 2, 2017,  will amount to approximately 17% of the agency’s total workload. Thus, longer processing times and increased delays in all adjudications , especially interview-based applications, are expected.  These days, USCIS is taking one year or more to adjudicate green card and naturalization applications, as opposed to six to nine months in the past.

At the interview, you should strive to present all the necessary information and requested documents to facilitate approval. Otherwise, it may take several weeks or months for USCIS to issue a Request for Evidence or Notice of Intent to Deny, to which you must respond within a specified time frame (e.g. 87 days and 30 days, respectively.)

Your attorney can help you figure out what you need to bring to the interview, based on the instructions in the interview notice and the unique facts of your case. The attorney is also better equipped to evaluate whether a favorable decision or adverse notice is expected, depending on what occurred at the interview, and prepare you for next steps following the interview.

4. Serve as an advocate

Unlike in court hearings before a judge, interviews with USCIS do not involve your attorney asking you direct questions to solicit testimony. The USCIS officer asks the questions and  you provide the answers.

Questions on issues that may seem inappropriate or unimportant to you might be relevant to your eligibility for the immigration benefit and be in line with USCIS policy. Having counsel at the interview helps you determine when it’s better to answer, ask for clarification, or object (for good cause).

Your attorney cannot respond to questions the USCIS officer directs to you. She also may not coach you on how to lie about facts or hide information that is requested. But she may advise you on legal issues or raise objections to inappropriate questions or, as a last resort, ask to speak with a supervisor (particularly if the interview becomes argumentative or antagonistic).

Having an attorney present at the interview helps to protect and advocate your legal rights. If USCIS instructs you to provide a sworn, written statement on controversial points, the attorney can verify that you understand what you are providing and signing.

Counsel can further help you avoid misrepresenting material facts to the USCIS officer and explain unfavorable information to defuse a difficult situation. They advise you on pitfalls and weaknesses in your case that will likely be at issue in the interview. They determine when and how to best present testimony and documentary evidence to highlight positive factors and offset negative factors in your case.

It is rare for interviews to be  video-recorded. Without counsel, it will just be the USCIS officer and you (and possibly your interpreter) in the interview room. The officer will takes notes for the file, but you typically will not have access to them unless you submit a Freedom of Information/Privacy Act Request, which normally takes several months to process. Moreover, in the FOIA response, the agency may redact, or black out, any information protected by one of the nine FOIA exemptions to prevent certain harms, such as an invasion of privacy, or harm to law enforcement investigations.

An attentive attorney at the interview will carefully observe the discussion and take informative notes on questions asked and answers given. If USCIS issues a Notice of Intent to Deny or other adverse notice based on purported discrepancies and inconsistencies at the interview, an attorney may provide a credible explanation on what was said in the interview and how it was conducted. It won’t just be your word against the allegations of the interviewing officer.

5. Add credibility to your claim

Having an attorney present does not mean you have something to hide. On the contrary, many USCIS officers prefer applicants to bring counsel to the interview for it to run more smoothly and effectively.

In addition, because attorneys have a duty of candor to the tribunal, their presence generally adds credibility to your claims.  An attorney cannot knowingly present false information or false documents or perpetuate fraudulent claims without running afoul of the professional responsibility rules.

The attorney can help prepare you for interview by describing what questions to expect and which issues are likely to arise, and how to best address them. They can further prepare and submit a legal memorandum to stave off concerns and persuade the officer to approve your case.

Conclusion: Bring Counsel to the Interview

There are many applicants who attend their interviews without counsel and get their applications or petitions approved. But these cases are usually very well-documented with positive information and no adverse factors to consider. The applicant also has to be very fortunate having a relatively short interview where no problems arose. It is hard to know how exactly your interview will go.

Many things can go wrong at the interview with USCIS, which may lead to severe consequences including denial decisions and even a Notice to Appear in removal proceedings before an Immigration Court.

For example, the USCIS officer may conduct separate interviews of the U.S. citizen (I-130 petitioner) and his foreign national spouse (I-485 applicant) and determine they entered into a sham marriage for immigration purposes. The officer may review the entire immigration history and/or criminal record of a naturalization applicant and find that he is not only ineligible for citizenship, but is subject to removal from the United States.

Even if you prepared and filed the application or petition with USCIS on your own, or with the help of an immigration consultant or online immigration service, you may have counsel enter her appearance at the interview by submitting a Form G-28, Notice of Entry of Appearance as Attorney, to the USCIS officer.  Once the G-28 is accepted, the appearance will be recognized until the matter is concluded (absent a withdrawal of representation).

It’s best to secure counsel for the interview at least two weeks in advance to avoid scheduling conflicts and lack of preparation.

In some cases, the interview goes so well that having counsel seems to be an added expense with no benefit. But more than likely, counsel’s presence at the interview contributes to the successful outcome, even though you might not be able to measure the effects. And when the stakes are high, it’s better to be over-prepared than under-prepared and to err on the side of caution by having counsel at the interview.

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This article provides general information only. It is based on law, regulations and policy that are subject to change. Do not consider it as legal advice for any individual case or situation. Each legal case is different and case examples do not constitute a prediction or guarantee of success or failure in any other case. The sharing or receipt of this information does not create an attorney-client relationship.

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5 Questions to Ask Yourself Before You File for Naturalization (U.S. Citizenship)

Before you file a Form N-400, Application for Naturalization, to obtain U.S. citizenship, there are five key questions to ask  yourself. Your answers will help you determine whether you qualify for naturalization and may become a naturalized U.S. citizen.

QUESTION #1: Were you lawfully admitted to the U.S. as a permanent resident? (Do you meet the LPR Admission requirement?)

With few exceptions (which apply to U.S. nationals and certain members of the U.S. armed forces), you must first be lawfully admitted as a permanent resident before you may file for naturalization when you are 18 or older.

If you were granted a green card or immigrant visa in error, or if you obtained permanent residence by fraud or willful misrepresentation, you do not meet the lawful admission requirement for naturalization.

Fraud or Misrepresentation

In reviewing your naturalization application, USCIS will make sure your permanent resident status was lawfully obtained, instead of merely rely on your having a green card. If USCIS determines you were granted lawful permanent resident (LPR) status by mistake or fraud, it will not only deny your Form N-400, but will likely place you in removal proceedings.

QUESTION #2: Have you continuously resided in the U.S. for at least 3/5 years?(Do you meet the Continuous Residence requirement?)

You must reside continuously in the U.S. for at least 5 years as a permanent resident at the time you file your naturalization application. An exception is if you are a qualified spouse of a U.S. citizen, in which case your continuous residence must be at least 3 years at the time you file for naturalization.

You must also maintain continuous residence from the time you file the Form N-400 up to the time of naturalization (i.e. take the naturalization oath and become a U.S. citizen).

You may file your naturalization application up to 90 days before reaching the 3/5-year continuous residence period. This is known as the 90 day early filing period.

Your LPR status begins when USCIS approves your adjustment application or when you are admitted to the U.S. on an immigrant visa. For certain groups, the start date of becoming an LPR may be earlier than the actual approval of the status (commonly referred to as a “rollback” date). For example, USCIS generally considers an asylee’s date of admission as an LPR to be one year prior to the date the adjustment application was approved.

Breaks in Continuity of Residence

Continuous residence relates to the time you resided lawfully in the U.S. without any single absence long enough to “break” continuity for naturalization. There are two types of absences from the U.S. that interfere with the continuity of residence for purposes of naturalization:

1.  Absence of more than 6 months but less than one year is presumed to break the continuity of residence.

Example: Melinda is absent from the U.S. from September 19, 2013 to June 26, 2014. Her absence of 280 days is presumed to break the continuity of residence because it lasted more than six months. Any time spent in the U.S. prior to September 19, 2013 presumably does not count toward her continuous residence.

She may, however, provide evidence showing she did not disrupt her residence during her stay abroad, such as keeping her job in the U.S. and not obtaining employment while abroad; maintaining a residence in the U.S. to which she retained full access; and  having strong family ties in the U.S.

2. Absence of one year or more (without an approved Form N-470, Application to Preserve Residence for Naturalization Purposes, which only certain persons may file) absolutely breaks the continuity of residence.

Example: Jonas was absent from the United States from December 11, 2014 to January 11, 2016. His absence of 396 days absolutely breaks the continuity of residence because it lasted more than a year. Any time spent in the U.S. prior to December 11, 2014 does not count toward his continuous residence.

Four Years and One Day Rule | Two Days and One Day Rule

If you broke the continuity of residence because you stayed abroad too long, you may not file your naturalization application as early as 90 days before you meet the continuous residence requirement.

Instead, if you are subject to the 5-year continuous residence requirement, you must wait at least 4 years and 1 day after re-entering and continuously residing in the U.S. to file for naturalization. If the 3-year continuous residence requirement applies to you, the wait is 2 years and 1 day.

NOTE: Absences of less than 6 months may also break the continuity of residence depending on the facts surrounding the absence. An example is if you claimed nonresident alien status to qualify for tax exemptions or if you failed to file income tax returns because you consider yourself  a non-resident alien.

You must have the intent to maintain lawful permanent resident status and consider all absences from the U.S. to be fixed, temporary visits abroad. Abandonment of LPR status makes you ineligible for naturalization.

USCIS will consider the entire period from the LPR admission until the present when determining whether you meet the continuous residence requirement.

QUESTION #3: Have you been physically present in the U.S. for at least half the continuous residence period? (Do you meet the Physical Presence requirement?)

You  must have been physically present in the U.S. for at least 30 months of the five years prior to filing your naturalization application (or at least 18 months if the 3-year continuous residence requirement applies).

Physical presence concerns the total number of days you are actually or physically in the U.S. during the period required for naturalization.

You also must have resided for at least three months immediately prior to filing the Form N-400 in the USCIS district or state where you claim to reside.

QUESTION #4: Are you a person of good moral character? (Do you meet the Good Moral Character requirement?)

You must show good moral character (GMC) during the applicable statutory period, i.e. 3/5-year period immediately before you file for naturalization and up to the time of the Oath of Allegiance.

USCIS is not limited to reviewing your conduct only during the statutory period. Your conduct prior to the 3/5-year period may also affect your ability to establish GMC if your present conduct does not reflect a reformation of character or the earlier conduct relates to your present moral character. USCIS will consider the totality of the circumstances and weigh favorable and unfavorable factors, when considering reformation of character, including family ties; absence or presence of other criminal history; education; employment history; other law-abiding behavior (e.g. paying taxes); community involvement; your credibility; compliance with probation; and length of time in the U.S.

If you lie on your Form N-400 application or during the naturalization interview,  and you are caught, USCIS will deny your application for lacking good moral character. If you are granted naturalization and you are later found to have lied during your interview, your citizenship may be revoked through rescission proceedings.

USCIS will consider your criminal history when determining whether you meet the GMC requirement. Committing certain crimes may lead to permanent bars or conditional bars to naturalization.

Permanent Bars to Establishing Good Moral Character

There are certain convictions or criminal offenses that permanently bar you from establishing GMC for naturalization. They include a conviction for murder at any time, and a conviction for an aggravated felony on or after November 29, 1990 (e.g. murder, rape, or sexual abuse of a minor; illicit trafficking in controlled substance; and crime of violence, theft offense and passport/document fraud leading to imprisonment of at least 1 year). They also include involvement in Nazi persecutions, genocide, torture, and particularly severe violations of religious freedom.

Conditional Bars to Establishing Good Moral Character

Other offenses are conditional bars to naturalization. These temporary bars are triggered by acts, offenses, activities, circumstances, or convictions within the statutory period for naturalization, including the period prior to filing and up to the time of the Oath of Allegiance.

Conditional bars include a conviction or admission of one or more Crimes Involving Moral Turpitude (other than political offense), such as theft, forgery, and terroristic threats – except for one petty offense; violation of any law on controlled substances – except for simple possession of 30g or less of marijuana; prostitution offenses; and willful failure or refusal to support dependents, unless extenuating circumstances are shown.

Criminal History May Lead to Denial of N-400 and, In Some Cases, Cause You to be Placed in Removal Proceedings 

The Form N-400 asks several questions about arrests, charges, and convictions. You should report all criminal offenses, including those that have been expunged or sealed or those that occurred before your 18th birthday.  You are required to submit the certified court disposition and, in many cases, USCIS will request the police report and other related documents.

If you have committed certain serious crimes that make you removable from the U.S., USCIS will not only deny your naturalization application but may also place you in removal proceedings before the Immigration Court.  Be sure to read Immigration Consequences of Criminal Offenses: Myths & Facts. 

QUESTION #5: Can you pass the English and civics tests? (Do you meet the English or Civics requirements?)

You must be able to read, write and speak basic English. During the naturalization interview, the USCIS officer will instruct you to write a certain phrase in English and will give you an English phrase to read, e.g. “Only U.S. citizens may vote.”

You also have to know the fundamentals of U.S. history and the form and principles of the U.S. government. The USCIS officer will have 10 civics questions to ask, and you must answer 6 correctly. You need to study for the civics test; you have one opportunity to retake it if you fail it the first time.

Certain applicants, because of age and time as a permanent resident, or because of a disability, have different English and civics requirements. Those over 50 years old and have lived in the U.S. for at least 20 years as a permanent resident, or those over 55 years old and have lived in the United States for at least 15 years as a permanent resident, or those with a disability that prevents them from fulfilling this requirement and will be filing a “Medical Certification for Disability Exceptions” (Form N-648) qualify for an exemption.

Consult an experienced immigration attorney

Sometimes the answers to these five key questions are clear. Sometimes they are not. Consult an immigration attorney, who fully understands the naturalization requirements, to verify your eligibility for naturalization before you file a Form N-400 application with USCIS. The attorney can also help you assess and maximize your likelihood of becoming a naturalized U.S. citizen.

Getting counsel to prepare and file the naturalization application, advise you on what to expect at the interview, and attend the interview with you typically makes a positive difference.

This article provides general information only. It is based on law, regulations and policy that are subject to change. Do not consider it as legal advice for any individual case or situation. Each legal case is different and case examples do not constitute a prediction or guarantee of success or failure in any other case. The sharing or receipt of this information does not create an attorney-client relationship.

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Saying Thanks on Thanksgiving Day

In the United States, we celebrate Thanksgiving today (November 26). In the spirit of this holiday, I’d like to express my gratitude for your connecting with me as a current client, a prospective client, a past client, a referral source, or a friend of Dyan Williams Law PLLC, or a reader of our blog, The Legal Immigrant.

No one wants to talk to a lawyer about their problems. But eventually, most people end up needing to consult with a lawyer.

Foreign nationals who seek to immigrate to the U.S., study or work temporarily in the U.S., or become naturalized U.S. citizens usually need a trusted immigration lawyer to help them figure out the process. A full-on Do-It-Yourself (DIY) approach often gets you into trouble when it comes to navigating the U.S. immigration system. The immigration process is governed by complex laws, changes constantly, and is riddled with confusion and uncertainty.

When prospects call me on the telephone, send me an email, or submit an online inquiry to discuss their case, I strive to make our communication not only comfortable, but also surprisingly pleasant. I speak in layman’s terms they can understand, instead of use legal jargon that is meaningless to them. I ask clarifying questions to understand where they want to go with their case. I provide insightful information to steer them in the right direction.

To give prospects a sense of what it’s like to work with me, I offer a complimentary case evaluation by telephone (and sometimes by email). This involves addressing general concerns and questions about their case. I also write articles and post them on my blog, The Legal Immigrant; participate in a legal Q&A forum that deals with tough immigration issues; and speak to small and large groups on hot immigration topics.

When offering specific and detailed guidance to potential clients, I charge a consultation fee. Why? Two reasons: First, I want to avoid tire kickers who have no intention of working with me, but simply want free advice. Second, I offer tremendous value in the consultation that is worth much more than the fee. When a person is willing to pay the consultation fee, this shows there is some understanding of the value I bring. The consultation is typically the first step to creating a trust-based relationship that makes a huge difference to my clients and their families.

Your contacting me about your case, hiring me as your attorney, or referring others to me is key to having a successful law firm that serves the community well. I appreciate your support and our connection, not just on Thanksgiving Day, but every day.

May you and your family and friends experience joy and gratitude on Thanksgiving Day and beyond.

Cheers,

Dyan Williams

Founder & Principal Attorney
(612) 225-9900
dw@dyanwilliamslaw.com

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The Joys and Benefits of Becoming a U.S. Citizen

After years of living in the United States – first an F-1 student, then an H-1B professional worker, and next a lawful permanent resident – I became a naturalized U.S. citizen on Monday, September 28, 2015.

As an immigration attorney, I have helped many foreign nationals attain U.S. citizenship for more than a decade. I found my firsthand experience of becoming a U.S. citizen to be quite momentous.

My naturalization oath ceremony was held at the Earle Brown Heritage Center in Brooklyn Center, Minnesota. Along with more than 400 other persons from all around the world, I took the Oath of Allegiance to the United States of America – pledging to support and defend the U.S. Constitution and renouncing allegiance to my former country (Jamaica).

The Honorable Tony N. Leung (U.S. District Magistrate Judge) administered the oath, spoke about immigrating from Hong Kong to the U.S. with his family when he was a child, and encouraged us to treasure our cultural past while embracing our future as U.S. citizens.

We received our certificates of naturalization at the end of the ceremony. I happily display mine in the photos of me with my husband and daughter, and with Judge Leung.

Becoming a U.S. citizen is a special milestone for immigrants and is the pinnacle of an immigrant’s long journey.  Naturalization is not required. But if you choose to complete the process, you receive unique benefits, such as the ability to:

  • file immigrant petitions for more family members (including parents, siblings and married children)
  • gain automatic citizenship for your lawful permanent resident children under age 18
  • receive full protection from deportation
  • obtain a U.S. passport
  • travel more easily to foreign countries
  • travel outside the U.S. for as long as you want with no barriers to re-entry
  • obtain federal jobs and government benefits that are available only to U.S. citizens
  • run for public office
  • vote in federal elections

The right to vote is perhaps the most well-known and appreciated benefit of becoming a U.S. citizen. It often drives the decision of many immigrants, including me, to apply for citizenship.

Before my naturalization oath ceremony began, members of the League of Women Voters presented on the importance of voter registration and voting, and gave instructions on filling out the registration form, which were part of our ceremony packet. They stood at the exits to collect our voter registration forms at the end of the ceremony – after we completed the oath, received our naturalization certificates, and officially became U.S. citizens.

No doubt, immigration is a hot topic among the 2016 presidential candidates and a divisive issue in the United States. This ever-growing, complex problem has no easy fix. A candidate’s position on immigration and plans for immigration reform will likely be a deciding factor for most New Americans who choose to vote.

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