Citizenship / Naturalization and the N-400 Application

20 09, 2018

Under New Policy, Immigration Applications Can Be Denied More Easily

By |2020-05-01T16:10:16-05:00September 20th, 2018|Categories: Citizenship / Naturalization and the N-400 Application, Conditional Permanent Residence Based on Marriage, DHS / Citizenship and Immigration Services (USCIS), Employment-Based Immigration Law, Family-Based Immigration Law, Green Cards, Immigrant Visas for Spouse / Fiancee / Child Visas, Lawful Permanent Residence in the U.S., Non-Immigrant Visas for Temporary Workers / H-1B, Removal / Deportation Proceedings and Court Hearings|

Published September 20, 2018   As of September 11, 2018 a new policy went into effect giving immigration officers greater authority to deny immigration related filings without first giving applicants an opportunity to supply the missing evidence.    According to U.S. Department of Homeland Security/Citizenship and Immigration Services officials, the new policy was prompted by what was seen as widespread documentary shortcomings in applicant filings and the consequent waste of resources forced on immigration officials in order to allow applicants to address these shortcomings, especially when the underlying filing may not ever be approvable.  From the standpoint of the government, instructions […]

11 09, 2018

It is Taking Forever for My Green Card or Citizenship Application to Be Decided: What Can I Do?

By |2020-05-01T16:12:21-05:00September 11th, 2018|Categories: Citizenship / Naturalization and the N-400 Application, Conditional Permanent Residence Based on Marriage, DHS / Citizenship and Immigration Services (USCIS), Employment Authorization / Work Cards in the U.S., Employment-Based Immigration Law, Family-Based Immigration Law, Green Cards, Lawful Permanent Residence in the U.S.|

Published September 11, 2018   For foreign nationals in the U.S., two of the most common applications filed with Department of Homeland Security/Citizenship and Immigration Services are the I-485 Application for Adjustment of Status (to acquire lawful permanent resident/green card status) and N-400 Application for Naturalization (to acquire U.S. citizenship).  Processing times for both applications these days – from day of filing to interview – ranges from 8-12 months, give or take.   But what happens if your case is pending longer than that?  What measures can be taken to follow up and ensure your case is being decided in a reasonable period […]

8 08, 2018

Trump Administration Looking Into Penalizing Immigrants Receiving Public Benefits

By |2020-05-01T16:15:33-05:00August 8th, 2018|Categories: Citizenship / Naturalization and the N-400 Application, Conditional Permanent Residence Based on Marriage, DHS / Citizenship and Immigration Services (USCIS), DHS / Immigration and Customs Enforcement (ICE), Family-Based Immigration Law, Green Cards, Immigrant Visas for Spouse / Fiancee / Child Visas, immigration reform, Lawful Permanent Residence in the U.S., U.S. Immigration Law and Legislation, Undocumented Immigrants and Workers in the U.S.|

Published August 8, 2018   “Public Charge” provisions have been a part of our nation’s immigration laws for more than a century, thus the reason all family based immigration applicants are required to have a financial sponsor who provide an “Affidavit of Support” to guarantee the new immigrant will not become dependent on certain government benefits.   In sum, foreign nationals who are deemed likely to become a “public charge” are “inadmissible” under U.S. immigration law and ineligible for permanent residence (green card).  The Trump Administration is now considering the implementation of new and expansive rules penalizing lawful immigrants who avail of […]

29 07, 2018

DHS Looks to Revoke U.S. Citizenship for Those Improperly Approved

By |2020-05-01T16:17:53-05:00July 29th, 2018|Categories: Citizenship / Naturalization and the N-400 Application, DHS / Citizenship and Immigration Services (USCIS), DHS / Immigration and Customs Enforcement (ICE), General, Green Cards, Immigration and Criminal Law / Detainees, Lawful Permanent Residence in the U.S., Removal / Deportation Proceedings and Court Hearings|

Published July 29, 2018   It is well known that a lawful permanent resident can be subjected to removal proceedings in the event they commit a deportable offense, or were improperly granted their residence in the first place due to some misrepresentation or fraud in their application.     Less well known or common are proceedings to revoke a foreign born individual’s naturalization as a U.S. citizen.   Examples of the rare cases of denaturalization that have gained wider attention over the years are those involving foreign nationals who concealed during U.S. immigration processing their involvement with Nazi war crimes during World War […]

12 07, 2018

US CIS Now More Active in Placing Denied Applicants in Removal Proceedings

By |2020-05-01T16:20:58-05:00July 12th, 2018|Categories: Citizenship / Naturalization and the N-400 Application, Conditional Permanent Residence Based on Marriage, Deferred Action for Childhood Arrivals (DACA), DHS / Citizenship and Immigration Services (USCIS), Employment-Based Immigration Law, Family-Based Immigration Law, Green Cards, Immigrant Visas for Spouse / Fiancee / Child Visas, Immigration and Criminal Law / Detainees, Lawful Permanent Residence in the U.S., Removal / Deportation Proceedings and Court Hearings, U.S. Immigration Law and Legislation, Undocumented Immigrants and Workers in the U.S.|

Published July 11, 2018     Under a new policy guidance memo released by U.S. Citizenship and Immigration Services (US CIS) earlier this month, the agency will now be taking a more active role in initiating removal proceedings against denied applicants.     Applicants for permanent residence, naturalization, change of status or other immigration benefits now will be more vulnerable to being placed in removal proceedings if they are deemed ineligible for the benefit sought and are in the U.S. in violation of immigration laws. Pursuant to the new guidance, US CIS is required to issue a Notice to Appear (NTA) – the […]

6 02, 2018

Chicago Based Applicants for Green Cards and Citizenship: DHS/CIS Processing Times

By |2020-05-01T17:07:51-05:00February 6th, 2018|Categories: Citizenship / Naturalization and the N-400 Application, Conditional Permanent Residence Based on Marriage, DHS / Citizenship and Immigration Services (USCIS), Employment Authorization / Work Cards in the U.S., Family-Based Immigration Law, Green Cards, Immigrant Visas for Spouse / Fiancee / Child Visas, Lawful Permanent Residence in the U.S.|

Published February 6, 2018   Marriage based adjustment of status applicants living in CIS Chicago’s jurisdiction are seeing an approximately 7-8 month wait to be scheduled for an interview.  Applicants for Naturalization (N-400) under CIS Chicago’s jurisdiction are being scheduled within approximately 8-10 months of application filing, and an oath ceremony, for approved cases, usually being scheduled 3 weeks or so following interview. At present the timeline for marriage based I-485 adjustment of status applicants — assuming all applications and supporting documentation are prepared and submitted correctly, is as follows: Dept. of Homeland Security/Citizenship and Immigration Services receipts are issued within 1 to […]

15 11, 2017

Beware Immigrants: Automatic Voter Registration

By |2020-05-01T17:25:53-05:00November 15th, 2017|Categories: Citizenship / Naturalization and the N-400 Application, Conditional Permanent Residence Based on Marriage, DHS / Citizenship and Immigration Services (USCIS), DHS / Immigration and Customs Enforcement (ICE), Employment-Based Immigration Law, Family-Based Immigration Law, General, Green Cards, Immigration and Criminal Law / Detainees, Lawful Permanent Residence in the U.S., Removal / Deportation Proceedings and Court Hearings, U.S. Immigration Law and Legislation|

Published November 15, 2017   On the topic of well-intended laws and unintended consequences, one of the first things that come to my mind is the law requiring local Department of Motor Vehicle facilities to ask all driver’s license applicants if they would like to register to vote.   In theory, the National Voter Registration Act of 1993, or “motor voter” is a beautiful law  – where prospective voters, many of whom would otherwise not go out of their way to register, are solicited and provided a convenient avenue to register to vote and have a voice in our electoral process.   However, the […]

21 03, 2017

Applying for U.S. Citizenship: The Top 4 Things That Matter

By |2020-05-01T18:20:10-05:00March 21st, 2017|Categories: Citizenship / Naturalization and the N-400 Application, Conditional Permanent Residence Based on Marriage, DHS / Citizenship and Immigration Services (USCIS), Family-Based Immigration Law, Green Cards, Immigrant Visas for Spouse / Fiancee / Child Visas, Immigration and Criminal Law / Detainees, Lawful Permanent Residence in the U.S., Removal / Deportation Proceedings and Court Hearings|

Published March 21, 2017   To be sure, a foreign national residing in the U.S. as a lawful permanent resident (aka “green card” holder) is not required to apply for U.S. citizenship.   That is, for whatever reasons or no reason, a green card holder has the option of living the rest of their life in the U.S. without seeking U.S. citizenship.    Of course there are downsides to such a decision, such as having to renew a green card every 10 years, not having the right to vote, and having limits on the type of immigration petitions you can file on […]

14 12, 2016

Naturalization Without the English and/or Civics/History Requirement

By |2016-12-14T08:29:22-06:00December 14th, 2016|Categories: Citizenship / Naturalization and the N-400 Application, DHS / Citizenship and Immigration Services (USCIS), Employment-Based Immigration Law, Family-Based Immigration Law, U.S. Immigration Law and Legislation|

Published December 14, 2016   With few exceptions, eligibility for U.S. naturalization depends on an applicant:  1)  having accumulated a minimum number of years of lawful permanent residence, 2) demonstrating good moral character for the statutory period and 3) passing a basic test of English proficiency (writing and reading) and knowledge about the U.S. government and history (civics). The following classes of individuals are exempt from the English language portion: Applicants 50 years of age and older, and with more than 20 years of lawful permanent residence, OR 55 years of age and older, and with more than 15 years of lawful […]

23 11, 2016

FILE BEFORE DECEMBER 23, 2016 TO AVOID IMMIGRATION FILING FEE INCREASES

By |2016-11-23T08:52:15-06:00November 23rd, 2016|Categories: Citizenship / Naturalization and the N-400 Application, DHS / Citizenship and Immigration Services (USCIS), Employment Authorization / Work Cards in the U.S., Employment-Based Immigration Law, Family-Based Immigration Law, Green Cards, Immigrant Health Care Workers in the U.S., Immigrant Visas for Spouse / Fiancee / Child Visas, Lawful Permanent Residence in the U.S., Non-Immigrant Visas for Temporary Workers / H-1B|

Published November 23, 2016   As of December 23, 2016, and for the first time in six years, a filing fee increase for certain immigration applications or petitions is set to take effect.  The operations of Citizenship and Immigration Services is almost entirely funded by the filing fees it receives to process applications for the various immigration benefits offered.   This filing fee increase has nothing to do with the recent election and the plan to implement this increase has been in the works for many months.    The chart below is the list of old and new filing fees.  Applications and […]

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