Citizenship / Naturalization and the N-400 Application

20 09, 2016

Do I Need to Renew My Green Card If I Am Applying for U.S. Citizenship?

By |2016-09-20T12:50:18-05:00September 20th, 2016|Categories: Citizenship / Naturalization and the N-400 Application, Customs and Border Patrol / Travel to and from the U.S., DHS / Citizenship and Immigration Services (USCIS), DHS / Immigration and Customs Enforcement (ICE), Employment Authorization / Work Cards in the U.S., Family-Based Immigration Law, General, Green Cards, Lawful Permanent Residence in the U.S.|

Published September 20, 2016     U.S. Citizenship and Immigration Services Headquarters recently issued a directive clarifying the circumstances under which prospective applicants for naturalization – filing Form N-400 –  must also renew their Permanent Resident cards and file Form I-90.    The directive establishes guidelines that are at odds with practices that had long been in place at local CIS offices, such as Chicago’s, since naturalization applicants with expired green cards were rarely, if ever, asked whether the Green Card renewal process had been initiated during the course of a naturalization interview/process.   The following are the two most common scenarios applicants […]

7 06, 2016

International Travel For Non-Citizens With Criminal Records

By |2016-06-07T08:08:26-05:00June 7th, 2016|Categories: Citizenship / Naturalization and the N-400 Application, Customs and Border Patrol / Travel to and from the U.S., DHS / Citizenship and Immigration Services (USCIS), DHS / Immigration and Customs Enforcement (ICE), General, Lawful Permanent Residence in the U.S., Non-Immigrant Visas for Temporary Workers / H-1B, Removal / Deportation Proceedings and Court Hearings|

PUBLISHED June 7, 2016   In the post 9/11 world, non-U.S. citizens with criminal records seeking to reenter the U.S. following international travel face the distinct possibility their inspection process at the airport will be delayed, or even continued for additional scrutiny before an upper level immigration official at a later date.  First, the databases used by immigration officials in screening individuals seeking entry into the U.S. have grown in sophistication.  More active intelligence sharing by and between law enforcement agencies, both local and federal, means more information is available to more officials.  In sum, if you are not a U.S. citizen […]

7 09, 2015

Applying for a Green Card – The Top 5 Things That Matter

By |2015-09-07T12:13:29-05:00September 7th, 2015|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, General, Green Cards, Immigrant Health Care Workers in the U.S., Immigrant Visas for Spouse / Fiancee / Child Visas, Immigration and Criminal Law / Detainees, Immigration and PERM / Labor Certification, Lawful Permanent Residence in the U.S., U.S. Immigration Law and Legislation, Undocumented Immigrants and Workers in the U.S.|

published September 7, 2015   There are dozens and dozens of factors that go into an individual’s eligibility for a U.S. lawful permanent residence, or green card. For individuals present in the U.S., the following are the top 5 issues impacting eligibility for “adjustment of status” and undergoing final processing in the U.S.: 1)    Immigration Status:    Ideally, an individual will have maintained lawful nonimmigrant, or temporary status in the U.S., and from a maintained immigration status, an individual is in an ideal position to pursue U.S. resident status, that is assuming they have the requisite family or employment relationship/sponsor. For those without […]

11 05, 2015

Accidental Voters and Disproportionate Immigration Consequences

By |2015-05-11T18:33:46-05:00May 11th, 2015|Categories: Citizenship / Naturalization and the N-400 Application, DHS / Citizenship and Immigration Services (USCIS), DHS / Immigration and Customs Enforcement (ICE), Family-Based Immigration Law, General, Green Cards, Lawful Permanent Residence in the U.S., Removal / Deportation Proceedings and Court Hearings|

Published May 11, 2015 It’s maddening.   At least once a week over the course of the past 6 years, I hear a story of a foreign national mistakenly being registered to vote, and even voting, and then facing the scare of their life when it comes to the processing of their US green card, or citizenship.  Some may even have to fight off deportation.   In case after case, it involves an otherwise law abiding foreign national being lured into registering to vote by a well-intended but misinformed Department of Motor Vehicle employee, or other voter registration recruiter.  Shortly thereafter, the foreign […]

30 04, 2015

Top Six Reasons to Hire an Immigration Lawyer

By |2015-04-30T08:40:32-05:00April 30th, 2015|Categories: Amnesty for Immigrants in the U.S., Asylum in the United States, 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), DHS / Immigration and Customs Enforcement (ICE), Employment Authorization / Work Cards in the U.S., Employment-Based Immigration Law, Family-Based Immigration Law, General, Green Cards, Immigrant Health Care Workers in the U.S., Immigrant Visas for Spouse / Fiancee / Child Visas, Immigration and Criminal Law / Detainees, Immigration and PERM / Labor Certification, immigration reform, Lawful Permanent Residence in the U.S., Removal / Deportation Proceedings and Court Hearings, U.S. Immigration Law and Legislation, Uncategorized, Undocumented Immigrants and Workers in the U.S.|

Published April 26, 2015   1.  To Keep a Clean and Simple Case, Clean and Simple: A knowledgeable and experienced immigration lawyer will know how a filing, whether family based or employment based, should be prepared.   The immigration lawyer will know exactly how to file the paperwork, how it should be documented, where the filing should be submitted, how to keep the filing on track and to make sure it does not fall through the cracks.   If an interview is scheduled, the immigration lawyer will prepare the applicant for all questions and processes they will face, and accompany the applicant to […]

28 03, 2015

Green Card Renewal: Electronic Filing and Answers to Common Questions

By |2015-03-28T12:28:04-05:00March 28th, 2015|Categories: Citizenship / Naturalization and the N-400 Application, Conditional Permanent Residence Based on Marriage, Customs and Border Patrol / Travel to and from the U.S., DHS / Citizenship and Immigration Services (USCIS), DHS / Immigration and Customs Enforcement (ICE), 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., U.S. Immigration Law and Legislation|

Published March 28, 2015   With the unveiling of a new electronic filing option for eligible applicants looking to renew their permanent resident, or “green” cards (see below for link information), I am reminded of the most common questions clients present when it comes to the legal implications of a soon expiring, or already expired, card.   Importantly, the discussion below specifically does NOT include the rules and processes for renewing the 2 year “conditional” green card which is issued mainly to applicants obtaining resident status based on a recent marriage.    If my green card expires, does my status as a permanent […]

5 01, 2015

Be on the Look-Out for Pseudo Attorneys, “Consultants”, Thieves and Other Charlatans

By |2015-01-05T11:14:01-06:00January 5th, 2015|Categories: Amnesty for Immigrants in the U.S., 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), DHS / Immigration and Customs Enforcement (ICE), Employment Authorization / Work Cards in the U.S., Employment-Based Immigration Law, Family-Based Immigration Law, General, Green Cards, Immigrant Health Care Workers in the U.S., Immigrant Visas for Spouse / Fiancee / Child Visas, Immigration and PERM / Labor Certification, immigration reform, Lawful Permanent Residence in the U.S., Removal / Deportation Proceedings and Court Hearings, Uncategorized, Undocumented Immigrants and Workers in the U.S.|

Published:  January 5, 2015 With the roll out of the new Obama Executive Action immigration initiative nearing, I share the following reflections and warnings with the goal of informing and empowering the unsuspecting prospective applicant.  These are based on 20+ years practicing exclusively in the area of immigration law and having seen numerous new immigration laws and programs implemented during this time. The primary audience for news in the realm of immigration benefits for the undocumented is scared, vulnerable and desperate.  Scared of being undocumented and its consequences.  Vulnerable to deceit and ill intentioned predators purporting to provide reliable counsel.  Desperate […]

24 11, 2014

Obama’s New Executive Order: Who is covered? What benefits are available? When can you file? What are the risks?

By |2014-11-24T14:25:38-06:00November 24th, 2014|Categories: Amnesty for Immigrants in the U.S., Citizenship / Naturalization and the N-400 Application, Deferred Action for Childhood Arrivals (DACA), DHS / Citizenship and Immigration Services (USCIS), DHS / Immigration and Customs Enforcement (ICE), Employment Authorization / Work Cards in the U.S., General, Green Cards, immigration reform, 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:  November 24, 2014 President Obama’s Executive Action:   Who Benefits?  What are the Benefits?  When Are the Benefits Available? While some disagree whether it should be called an amnesty, or not, under President Obama’s recently signed executive order, various large groups of immigrants – both undocumented and documented, stand to benefit, including: Approximately 4 million undocumented individuals may now be eligible to apply for “Deferred Action” status and a 3 year Employment Authorization Document (“EAD”).  For those fighting removal proceedings, the Deferred Action status will effectively put an indefinite halt to such proceedings. To qualify for the EAD and Deferred Action […]

27 08, 2014

I Married a U.S. Citizen and Applying for a Green Card….AGAIN!

By |2014-08-27T08:10:56-05:00August 27th, 2014|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, Lawful Permanent Residence in the U.S.|

Published:  August 27, 2014 As discussed in this column previously, the Green Card via marriage to U.S. citizen option can be a quick and easy route for most foreign nationals, whether residing in the U.S. or abroad.  For example, a qualified foreign national residing in the U.S., whether in lawful status, or even out of status, entering into a bona fide marriage to a U.S. citizen will receive an Employment Authorization Document within 90 days of filing, and an actual green card within 6-8 months of filing – assuming all goes well during the applicant’s “adjustment of status” interview at their […]

17 06, 2014

Green Card Holders and International Travel: The Most Common Questions

By |2014-06-17T14:50:24-05:00June 17th, 2014|Categories: Citizenship / Naturalization and the N-400 Application, Conditional Permanent Residence Based on Marriage, Customs and Border Patrol / Travel to and from the U.S., DHS / Citizenship and Immigration Services (USCIS), DHS / Immigration and Customs Enforcement (ICE), Employment-Based Immigration Law, Family-Based Immigration Law, General, Green Cards, Immigrant Health Care Workers in the U.S., Immigrant Visas for Spouse / Fiancee / Child Visas, Lawful Permanent Residence in the U.S., United States Embassies Abroad|

Published:  June 17, 2014 The U.S. government issues permanent resident cards, or “green cards,” to individuals seeking to “reside” in the U.S.   That means there are significant limits on the amount of time Green Card holders can spend outside the U.S. for a given period or for any single trip.  Below is a discussion of the most common questions Green Card holders present when it comes to international travel and related issues. In general, what is the maximum amount of time a Green Card holder can travel outside the U.S. on a single trip? In general, a U.S. resident can leave […]

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