Citizenship Update: New Application Form Goes into Effect on May 5th
United States Citizenship and Immigration Services (USCIS) has created a new Form N-400, Application for Naturalization, which will go into effect on May 5th. At 21 pages, this new form is twice as long as the current one:
Potential applicants should be aware:
Some of the changes make Form N-400 more clear - like the expanded sections requesting information on prior residences, employment, and school attendance for the past five years - while others result in the applicant being required to disclose more of his/her history.
For example, USCIS has added many additional questions involving what the law calls "good moral character," which an applicant must demonstrate to be granted citizenship. The new form asks broadly whether an applicant has ever made a misrepresentation to obtain any public benefit in the U.S. It also asks the extremely broad question whether an applicant has ever given any U.S. government official any information or documentation that was false, fraudulent, or misleading.
Note that these questions, as written, appear to require a "yes" answer even if the applicant did not intend to mislead or to misrepresent information. Issues may arise in the context of tax returns, applications for identification documents like driver's licenses, applications for home mortgages, etc.
One misstep in the citizenship application process may result in automatic denial or increased questioning at the interview stage. Given these and other changes, it is more important than ever for an applicant to consult with an immigration attorney before plunging ahead with a citizenship application.
From French to U.S. Citizenship Part III: Adrienne Applies for a Green Card
To recap, our French citizen Adrienne, who recently married U.S. citizen Brian, has just discovered that she IS eligible to apply for a green card from within the United States.
This is wonderful news! Adrienne's next question is, understandably, where does she go from here?
Adrienne continues to work with the immigration lawyer who advised her that she can apply. He tells her that in her case, the process to obtain her permanent green card can be completed in 2 parts.
Part I involves applying for a temporary, or "conditional" green card, which is valid for 2 years after the date of issuance. This is required because at the time she is applying, Adrienne and Brian have not yet been married for 2 years.
Part II requires that Adrienne apply to have the conditions removed - this is her application for a permanent green card. One year after Adrienne has her permanent green card, she can apply for citizenship.
The first step in Part I of the process is for Adrienne to begin gathering documentation to submit to USCIS (United States Citizenship and Immigration Services). Her lawyer tells her that he will prepare her application and attach the required supporting evidence once she has it.
Adrienne must prove:
1. Her identity (that she is who she says she is);
2. that she last entered the U.S. lawfully (with her B-2 visa);
3. that her marriage to Brian is legally valid and legitimate (not solely for immigration purposes);
4. Brian's identity and U.S. citizenship;
5. that she is not likely to become a "public charge" - that a U.S. citizen or lawful permanent resident (green card holder) has agreed to serve as her "sponsor" and to support her financially; and
6. that she has had all required vaccinations and is not infected with certain transmittable diseases.
Therefore, Adrienne gets to work. She locates her French birth certificate and has it translated into English. She makes copies of her marriage certificate and passports, including her U.S. visas, as well as the I-94 card that was issued to her at her last entry. She asks Brian to make a copy of his U.S. birth certificate and passport and to sign an affidavit of support for her. She also asks Brian to track down his tax return from the previous year and recent pay stubs to prove that he makes enough income to support her. Adrienne gathers as much evidence as possible to prove that her marriage is legitimate (including financial documents, photos, and affidavits from friends and relatives). Finally, Adrienne schedules a medical exam with a Civil Surgeon, who will fill out the proper paperwork to show that Adrienne is not barred from adjusting status here due to any health issues.
Adrienne is overwhelmed! She is grateful that her attorney is there to guide her and to review all of her supporting documentation to check for any potential landmines.
After about a month of preparation, Adrienne is finally ready to file her application. Her attorney prepares the paperwork, including numerous forms for Adrienne and Brian to sign.
The attorney submits the application, and Adrienne awaits a response.
To be continued . . .
This is wonderful news! Adrienne's next question is, understandably, where does she go from here?
Adrienne continues to work with the immigration lawyer who advised her that she can apply. He tells her that in her case, the process to obtain her permanent green card can be completed in 2 parts.
Part I involves applying for a temporary, or "conditional" green card, which is valid for 2 years after the date of issuance. This is required because at the time she is applying, Adrienne and Brian have not yet been married for 2 years.
Part II requires that Adrienne apply to have the conditions removed - this is her application for a permanent green card. One year after Adrienne has her permanent green card, she can apply for citizenship.
The first step in Part I of the process is for Adrienne to begin gathering documentation to submit to USCIS (United States Citizenship and Immigration Services). Her lawyer tells her that he will prepare her application and attach the required supporting evidence once she has it.
Adrienne must prove:
1. Her identity (that she is who she says she is);
2. that she last entered the U.S. lawfully (with her B-2 visa);
3. that her marriage to Brian is legally valid and legitimate (not solely for immigration purposes);
4. Brian's identity and U.S. citizenship;
5. that she is not likely to become a "public charge" - that a U.S. citizen or lawful permanent resident (green card holder) has agreed to serve as her "sponsor" and to support her financially; and
6. that she has had all required vaccinations and is not infected with certain transmittable diseases.
Therefore, Adrienne gets to work. She locates her French birth certificate and has it translated into English. She makes copies of her marriage certificate and passports, including her U.S. visas, as well as the I-94 card that was issued to her at her last entry. She asks Brian to make a copy of his U.S. birth certificate and passport and to sign an affidavit of support for her. She also asks Brian to track down his tax return from the previous year and recent pay stubs to prove that he makes enough income to support her. Adrienne gathers as much evidence as possible to prove that her marriage is legitimate (including financial documents, photos, and affidavits from friends and relatives). Finally, Adrienne schedules a medical exam with a Civil Surgeon, who will fill out the proper paperwork to show that Adrienne is not barred from adjusting status here due to any health issues.
Adrienne is overwhelmed! She is grateful that her attorney is there to guide her and to review all of her supporting documentation to check for any potential landmines.
After about a month of preparation, Adrienne is finally ready to file her application. Her attorney prepares the paperwork, including numerous forms for Adrienne and Brian to sign.
The attorney submits the application, and Adrienne awaits a response.
To be continued . . .
Could Justin Bieber Be Deported?
Justin Bieber's potential conviction for the egging of his neighbor's home, which reportedly caused $20,000 in damages, is a hot topic right now. Is it true that he could actually be deported?
The short answer is "yes." If Mr. Bieber is convicted of a crime, it is possible that he will be put into deportation proceedings and ordered removed from the United States.
Reportedly Mr. Bieber is currently here on an O-1 visa. This means he was admitted to the United States as a person of "extraordinary ability" in science, art, education, business, or athletics. To be admitted, he had to demonstrate sustained national or international acclaim in his field (which he likely did through the popularity of his music). The O-1 visa may be issued for up to three years initially and then extended in increments of up to one year to accomplish the purposes of an activity. So, it is possible for Mr. Bieber to remain in the United States indefinitely if he can keep convincing the immigration department (USCIS) that he needs more time to accomplish his purposes here.
However, that possibility goes out the window if Mr. Bieber becomes deportable and is put into removal proceedings.
According to the United States Code, anyone who is admitted to the U.S. and within five years commits a "crime of moral turpitude" with a possible sentence of one year or more, shall be removed.
So what is a "crime of moral turpitude?" This is where it gets dicey. This area of immigration law is complex, and the description of the code section that Mr. Bieber is charged with violating will determine the answer. If he is charged with a crime against property that involves "evil intent," such as malicious destruction of property, then it will likely be considered a crime of moral turpitude.
Even if Mr. Bieber is convicted of a crime of moral turpitude with a potential sentence of one year or more, does that mean that he will definitely be placed into deportation proceedings?
No. The immigration enforcement department has discretion in deciding which cases to prosecute. Therefore, they may decide not to initiate proceedings against him. So, if you have "Bieber Fever," there is still hope for keeping this pop star in the United States!
The short answer is "yes." If Mr. Bieber is convicted of a crime, it is possible that he will be put into deportation proceedings and ordered removed from the United States.
Reportedly Mr. Bieber is currently here on an O-1 visa. This means he was admitted to the United States as a person of "extraordinary ability" in science, art, education, business, or athletics. To be admitted, he had to demonstrate sustained national or international acclaim in his field (which he likely did through the popularity of his music). The O-1 visa may be issued for up to three years initially and then extended in increments of up to one year to accomplish the purposes of an activity. So, it is possible for Mr. Bieber to remain in the United States indefinitely if he can keep convincing the immigration department (USCIS) that he needs more time to accomplish his purposes here.
However, that possibility goes out the window if Mr. Bieber becomes deportable and is put into removal proceedings.
According to the United States Code, anyone who is admitted to the U.S. and within five years commits a "crime of moral turpitude" with a possible sentence of one year or more, shall be removed.
So what is a "crime of moral turpitude?" This is where it gets dicey. This area of immigration law is complex, and the description of the code section that Mr. Bieber is charged with violating will determine the answer. If he is charged with a crime against property that involves "evil intent," such as malicious destruction of property, then it will likely be considered a crime of moral turpitude.
Even if Mr. Bieber is convicted of a crime of moral turpitude with a potential sentence of one year or more, does that mean that he will definitely be placed into deportation proceedings?
No. The immigration enforcement department has discretion in deciding which cases to prosecute. Therefore, they may decide not to initiate proceedings against him. So, if you have "Bieber Fever," there is still hope for keeping this pop star in the United States!
From French to U.S. Citizenship Part II: Adrienne Finds Out if She is Eligible for a Green Card
We last left Adrienne in a difficult position. She was a newlywed immigrant from France who had spent the previous two years "out of status" and working without authorization in the U.S. Adrienne was unsure whether she would be able to remain in the U.S. permanently with her new husband.
Wisely, Adrienne asked a local immigration attorney to evaluate her case.
Adrienne's first question was: Would the fact that she had accumulated unlawful presence affect her ability to obtain a green card?
The answer was, in her case, no. This is for three reasons.
First, Adrienne did not accumulate any unlawful presence during her first stay here in the U.S. She entered lawfully - with a J visa. She then transitioned to the H-1B visa while still in J status. She left the country immediately after she was laid off from the translation company that had sponsored her for the H-1B. Therefore, during that first visit, which lasted over 4 years, Adrienne was always in lawful immigration status.
Second, the next time Adrienne entered the country, she did so lawfully, using a B-2 visitor's visa.
Third, after her second entry Adrienne remained in the U.S. for two years and then married Brian, a United States citizen.
These three factors made Adrienne eligible to apply for a green card at that time, without having to return to France and apply there or apply for a waiver of a bar to admissibility.
Had Adrienne done things differently, her case would have been more complex. For example, if Adrienne had accumulated more than six months of unlawful presence during her first stay here in the U.S., for example by remaining in the country for more than six months after she was laid off from her job before returning to France, then she would have been subject to a bar to admissibility. She would have been required to apply for a waiver of this bar and to demonstrate extreme hardship to her U.S. citizen spouse Brian.
Adrienne's second question was: Did the fact that she had worked in the U.S. without authorization change things?
The answer was, again, no. While prior unauthorized work can prevent someone from "adjusting status" or obtaining their green card while in the United States, this rule does not apply to someone applying for a green card through her U.S. citizen spouse. This is true as long as the person did not make a "false claim to U.S. citizenship." In Adrienne's case, she did not make a false claim because she never used a U.S. citizen's social security number or claimed to be a U.S. citizen on any employment paperwork.
Adrienne was relieved. She could apply for a green card from right here in the United States!
She just had to learn how to get the process started. To be continued . . .
From French to U.S. Citizenship, Part I: Adrienne's Journey from the J-1 Visa, to the H-1B Visa, to the B-2 Visa
Adrienne was 23 years old. Until then, she had lived her entire life in France. Most of her family and friends were there. She had completed a bachelor's degree in the field of French Language Teacher Education and a master's program in French Translation at a French university. While Adrienne loved her country, she had always wanted to spend time in the United States. She knew that the U.S. offered many new experiences and employment opportunities for her. This is the story of Adrienne's journey from French to U.S. citizenship.
After graduation from her master's program in 2001, Adrienne searched for job opportunities in the U.S. It was then that she learned of the J exchange visitor program. This program provides opportunities for foreign nationals to travel to the U.S. for a limited amount of time to teach, study, conduct research, or receive on the job training. Adrienne was able to secure an internship with a translation agency that met the requirements for the J-1 visa. When she arrived in the U.S., she was so excited to finally be here! However, her J-1 was valid for 6 months only, a common stipulation. In order to remain in the U.S. after the expiration date, she needed to change to a different immigration status.
One option was the H-1B visa. This is the most common employment-based visa. It allows a foreign worker who possesses the equivalent of a U.S. bachelor's degree to work in a specialty occupation here in the U.S. on a temporary basis, for up to six years. It is a "dual intent" visa, meaning that the foreign worker can intend to remain in the U.S. permanently at the time she applies for the visa. Adrienne qualified for the H-1B because it was determined that her French degrees were equivalent to a U.S. bachelor's degree in French Translation. Her employer, the translation company, was willing to sponsor her for this visa. Luckily they had an established relationship with an immigration lawyer who could handle the case. The H-1B application that he submitted was approved. Adrienne could remain in the U.S. for six years or until her employment ended. The company would have the option to sponsor her for a green card at any time so that she could remain permanently.
After four years at her new job, Adrienne was really enjoying her life in the U.S. and contemplating whether she wanted to apply for a green card. Unfortunately, at that time the translation company was forced to downsize and lay off a number of its employees. Adrienne was one of them. Adrienne did not consult an immigration lawyer. Had she done so, she would have learned that she could transfer her H-1B visa to a job at a different company. However, Adrienne believed that she had no choice but to return to France. She left immediately after she was let go, before she began to accrue "unlawful presence" in the U.S.
After about a year back in France, Adrienne felt the pull of the U.S. once again. This time, she applied for the B-2 tourist visa to visit the U.S. for a short time. To get her B-2 visa approved, Adrienne had to demonstrate that she had strong ties to her home country. In her case she was able to show that most of her immediate and extended family resided in France and that she had a job there to return to. Adrienne was granted a tourist visa for six months.
Soon after Adrienne arrived in the U.S. for the second time, she met Brian, a U.S. citizen. They immediately had a strong connection. Adrienne quickly decided that she did not want to leave Brian to return to France. However, she did not know how to extend her lawful immigration status. Therefore, Adrienne remained in the U.S. after her tourist visa expired. At that point, she went "out of status" and began accumulating "unlawful presence" in the U.S. She did not have authorization to work in the U.S., but she did so anyway, as she had to make money to pay her expenses. Adrienne remained out of status for the next two years while she and Brian dated. It was then that they realized that they wanted to spend the rest of their lives together. They were married a few months later.
It was also at this time that Adrienne realized she would need to consult with an immigration attorney. She was concerned about her unlawful presence and the fact that she had worked without authorization. Adrienne worried: would she be able to remain in the U.S. with her new husband, her life partner, or would they be forced to separate?
To be continued . . .
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