Articles Posted in Naturalization

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Here at the Law Offices of Jacob J. Sapochnick we like to celebrate our client’s successes. From our staff members to our attorneys, we are with you every step of the way on your immigration journey. Every client has a story, and it is these stories that inspire us to deliver the best service every day to achieve optimum results for our clients.

Several months ago a client visited our office after she received a denial for an N-400 application for naturalization that she had filed on her own early last year. Our client was an elderly woman seeking a waiver of the English language and Civics requirement of the N-400 application for naturalization on the basis of her disability. The issue in this case was that our client had various medical diagnoses that greatly impaired her cognitive abilities and by extension her capacity to learn. Due to these conditions, our client would not be able to successfully pass the English language and Civics component of the N-400.

In order to seek a waiver of the English language and Civics requirement, on the basis of physical or mental disability, Form N-648 must be properly completed by a licensed medical professional, who can attest to the applicant’s physical or mental disabilities. After consulting with the client and reviewing the paperwork that had been previously submitted to USCIS, we discovered that the Form N-648 was unsatisfactorily completed. The medical professional that had completed this form on our client’s behalf did not adequately explain the origin, nature, and extent of our client’s disability. The medical professional did not provide any documentation to support the explanation of our client’s medical condition, including such evidence as medically acceptable clinical or laboratory diagnoses to bolster the report. Most importantly, the medical professional failed to explain how the origin, nature, and extent of our client’s medical condition was so severe that they rendered her unable to learn or demonstrate English proficiency and knowledge of U.S. history and government.

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At the Law Offices of Jacob J. Sapochnick we work closely with clients to address their specialized immigration needs, making their success our number one priority. Many of our clients have experienced immigration issues that could have easily been eliminated with the help of an experienced immigration attorney. Such was the case when our client, we will call him Ernesto, visited our San Diego office to discuss his naturalization case that had gone from bad to worse.

Ernesto had gained permanent residence through marriage to his U.S. Citizen spouse and was ready to apply for naturalization, having remained married to his spouse for at least 3 years before filing his application. Ernesto’s first problem was that he had relied on the assistance of a foreign attorney to prepare and file his application—an attorney who was not licensed to practice law in the United States and was not well versed in immigration law. The attorney had filed his naturalization application without carefully assessing his situation and pin pointing any potential issues he might experience. As a result of his foreign attorney’s incompetence, Ernesto’s application for naturalization was denied and his appeal—also filed by the foreign attorney– was also denied, leaving Ernesto in a very difficult position.

In the Notice of Intent to Deny Ernesto had received USCIS explained the reasons why he had been denied. The main issue was that USCIS was not convinced that he entered his marriage “in good” faith. Furthermore, USCIS argued that Ernesto had failed to present documented evidence proving that he had lived in marital union with his spouse for the 3 years preceding his examination. Due to the fact that USCIS had doubts about the legitimacy of the marital union, they conducted a home inspection at a time that Ernesto was not at his home. During the inspection, the field officers searched the bedroom he shared with his wife and discovered that his clothing was not present. Upon further examination, we found that the officers that conducted the home inspection failed to check the other bedrooms in the home and did not see that his clothing was located in an adjacent bedroom, and not in the room that he shared with his spouse. Ernesto had perfectly legitimate reasons for why he had not been at the home at the time of the inspection, and why his clothing was located in a different room of the house. Ernesto was a businessman and was typically out of town on business trips. On the particular day that the home inspection was conducted, he was out of town on a day business trip. Ernesto had also been traveling to the East Coast frequently for 4-5 months to pursue potential business investments and proposals, leaving his wife behind. Ernesto had been toying with the idea of starting a business on the East Coast, but was not certain if the plans would come to fruition, for that reason his wife had stayed behind across the country while he weighed his options. As a businessman, Ernesto maintained a non-traditional schedule that required him to work long hours, in addition to being apart from his wife. Due to the differences between his schedule and his wife’s schedule he decided to move his clothing to another bedroom so that he would not disturb his wife while he was preparing for his jam packed business schedule. In the end Ernesto’s business plans in the East Coast fell through and he returned to the state of California where he lived with his wife.

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The eventual goal of most immigrants, residing in the United States temporarily, is to gain United States Citizenship, and later to immigrate their immediate relatives to the United States. It is very difficult however to obtain U.S. Citizenship, and there are important requirements that must be satisfied before applying. For starters, you must meet the minimum age requirement to apply, you must also be a legal permanent resident (LPR) of the United States (green card holder) for a certain period of time before you may apply. In addition, you must prove that you have maintained your legal permanent resident (LPR) status by demonstrating that you have remained continuously physically present in the United States. Lastly, you must be competent in the English language, and be a person of good moral character in order to apply for U.S. Citizenship. There are many valuable benefits conferred to U.S. Citizens. The most important benefit is that U.S. citizens are entitled to protection from the United States government in exchange for their allegiance to the country. Secondly, unlike green card holders, U.S. Citizens may leave the country and travel abroad for any length of time without having to worry about returning to the United States to maintain their immigration status. U.S. Citizens can also apply for immigration benefits for their immediate relatives and other family members more quickly than legal permanent residents. Legal Permanent Residents may also lose their immigration status and risk removal from the United States if they are convicted of serious crimes such as crimes of moral turpitude. U.S. Citizenship is also required for many jobs in the United States including law enforcement. Generally, there are also greater employment opportunities for American Citizens.

When applicants sign the N-400 application for naturalization they are promising to support the United States constitution, obey all of the laws of the United States, renounce foreign allegiances and/or foreign titles of nobility, and bear arms for the Armed Forces of the U.S. or to perform services for the U.S. government when called upon. The N-400 oath of allegiance must be taken very seriously. If you are not prepared to support the U.S. Constitution and bear arms for the U.S., you should not apply for citizenship.

General Naturalization Requirements

In order to apply for naturalization, applicants must satisfy all of the requirements below except for members of the armed forces and their immediate relatives. Members of the armed forces may apply for expedited naturalization as indicated below.

  • Language Requirement: You must be able to read, write, speak, and understand the English language in order to take the Citizenship test, although exemptions exist for certain applicants.

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Did you know that if you fail to provide USCIS written notice of a change of address, within 10 days of moving to your new address, you may be convicted of a misdemeanor crime?  If you currently have a case pending with USCIS, and you fail to provide written notice of a change of address to USCIS, within 10 days of moving, you could face a fine of up to $200, imprisonment up to 30 days, or both if convicted. If you are an alien (non U.S. Citizen) you could also face removal from the United States for non-compliance (INA Section 266(b)).

It is extremely important for applicants to notify USCIS immediately upon moving to a new address. Filing a change of address with USCIS is easy and it’s free. Applicants may change their address online by visiting the USCIS website and completing Form AR-11 online. In order to file a change of address online, you must know the Receipt Number (appearing on the Notice of Action) associated with your application, if your application is currently pending with USCIS. A Receipt Number is also known as the case number, identifying the petition submitted. The Receipt Number typically begins with three letters and is followed by ten digits.

The first three letters of the Receipt Number indicate the USCIS service center which is processing the petition, as follows:
– EAC – Vermont Service Center;
– WAC – California Service Center;
– LIN – Nebraska Service Center; and
– SRC – Texas Service Center

If you have filed more than one petition with USCIS (as in cases of adjustment of status for spouses of U.S. Citizens) you must provide the receipt number of each petition you have filed, when submitting the change of address online. If you do not have your receipt notice or have lost it, you should contact USCIS National Customer Service Center by telephone for assistance:

Our number is: 1 (800) 375-5283
Our TTY number is: 1 (800) 767-1833

If you are outside the United States and have filed an application or petition with a USCIS Service Center, you can call 212-620-3418 to check the status of your case.

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According to a new study by the Pew Research Center, the number of permanent residents applying for U.S. Citizenship has risen 5% when compared to the 2012 election cycle. This fiscal year USCIS received the highest number of applications for naturalization in four years. The Pew Research Center suggests that the recent surge in applications for naturalization is not due to political reasons.

This fiscal year approximately 249,609 permanent residents applied for naturalization, a 13% increase from the previous fiscal year, according to preliminary data provided by the U.S. Citizenship and Immigration Services. During the last election cycle, in fiscal years 2011 and 2012, there was a 19 % increase in applications, compared to this year’s election cycle at 13%. Research conducted by the Pew Research Center indicates that the increase in the number of applications is due to practical reasons, such as avoiding fee increases and criminal prosecution, and not for political reasons. For instance, during fiscal years 2007 and 2008, the number of naturalization applications decreased by 62%, at a time when USCIS announced an increase in the application fee for adults, from $330 to $595, taking place on July 30, 2007. As a result of this announcement, an unusual number of applications were filed before the planned increase in filing fees. In fiscal year 2007, before the increase in filing fees, the number of naturalization applications increased by 89% compared to fiscal year 2006. This was the largest increase in naturalization applications ever seen since 1907.

From fiscal year 1995 to 1998, more than 900,000 people applied for citizenship every fiscal year, reaching a record high 1.4 million naturalization applications in fiscal year 1997, due to a series of Congressional legislation enacted in the mid 1980s. According to the Pew Research Center, one such legislation was the Immigration Reform and Control Act of 1986, which gave approximately 2.7 million undocumented immigrants the opportunity to become legal permanent residents. This piece of legislation increased the pool of potential citizens who would apply for naturalization within 5-10 years. By 2009, nearly 40% of permanent residents had become U.S. Citizens. In 1996 Congress passed laws restricting public benefits and legal protections of noncitizens, and expanded the list of offenses for which legal permanent residents could be prosecuted and deported. These laws prompted millions of permanent residents to apply for naturalization out of fear of deportation.

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Every year USCIS receives and adjudicates approximately 6 million applications from foreign nationals seeking to immigrate to the United States, and U.S. companies seeking to employ foreign workers temporarily.  According to the Department of Homeland Security’s Office of Immigration Statistics, “an estimated 13.1 million lawful permanent residents (LPRs) were living in the United States on January 1, 2013.” Of these permanent residents, more than half–8.8 million–were eligible to apply for naturalization. Additionally, the United States issues approximately 700,000 temporary non-immigrant work visas for a variety of temporary workers including: highly skilled foreign workers employed in specialty occupations in the STEM fields, fashion models, internationally acclaimed athletes and entertainers, aliens of extraordinary ability, religious workers, intra-company transferees, treaty traders/investors, foreign media workers, and agricultural and seasonal workers.

The reason the issuance of temporary worker visas is so low, when compared to the issuance of permanent resident cards, is because most of the temporary foreign worker visa programs are subject to a congressional cap, that limits the amount of non-immigrants that can be admitted per fiscal year. Additionally, certain temporary nonimmigrant worker visa classifications are granted for a specified period of time, although in most cases at least one extension may be granted. The cap applies primarily to the H nonimmigrant worker classifications, and non-minister religious workers. The H visa category accounts for approximately 54% of all visas issued for temporary workers. That is why the H visas are the most talked about visas among politicians when discussing immigration reform. The cap does not apply to treaty traders/investors, aliens of extraordinary ability, intra-company transferees, NAFTA professionals (Canada and Mexico), and foreign media workers. In comparison to developed countries, the United States admits a relatively low number of temporary foreign workers. Foreign workers are typically admitted either to fill labor shortages in the American job market, or because of their exceptional, or highly technical skills, as is the case for the H-1B visa classification.  Only highly skilled foreign nationals, aliens of extraordinary ability, aliens holding advanced degrees, high capital investors, nurses and physical therapists, doctors in undeserved area, and recipients of national interest waivers, have the unique opportunity to obtain permanent residence based on employment.

The mammoth task of meaningful immigration reform will not be easy and it will not happen overnight. The presidential nominees have failed to outline a clear strategy to overhaul our immigration system. None of the presidential candidates have addressed the most contentious areas of immigration policy that must be revised, in order to repair our broken immigration system.

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It is our pleasure to bring you the latest in immigration news including recent USCIS announcements, workload updates, tips, and important reminders to avoid delays in application processing or rejections. For more information please contact our office.

Comment Period for Proposed USCIS Form Revisions:

The Department of Homeland Security (DHS) and United States Citizenship and Immigration Services (USCIS) have proposed changes to the following USCIS forms. DHS and USCIS invite the general public, organizations, and federal agencies to submit comments on the proposed revisions by the deadlines outlined below:

The American Immigration Lawyers Association will be hosting a free workshop on September 19, 2015 at various sites around the country.  The workshop will be providing assistance to lawful permanent residents who are eligible for naturalization. Each year, at sites across the country, AILA attorneys and other stakeholders provide assistance to lawful permanent residents eligible for naturalization.  Last year, AILA and its partner “ya es hora ¡Ciudadanía!” held more than 50 naturalization clinics in 22 states and the District of Columbia serving thousands of immigrants who aspired to become citizens. We will provide more updates to our community as they become available. For more information about the event please contact AILA’s Pro Bono department probono@aila.org.

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