Articles Posted in Citizenship Law

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In this video attorney Jacob Sapochnick touches upon an important debate in immigration law, is it better to keep your green card or apply for U.S. Citizenship once you are eligible to do so?

This video will explain the types of circumstances in which an individual may prefer to maintain his or her green card and opt out of becoming a U.S. Citizen.

To learn more about this important topic, please keep watching.

Overview

Differences between U.S. Citizenship versus Permanent Residence

U.S. Citizenship

Applying for U.S. Citizenship leads to a variety of legal rights and privileges that are not available to permanent residents (green card holders). For some, these benefits are a compelling reason to apply for citizenship to have access to the wide variety of opportunities that are only available to naturalized citizens.

Some of these benefits include but are not limited to:

  1. Having the Right to Vote in state and federal elections
  2. Applying to federal jobs that are only available to U.S. Citizens such as law enforcement positions, and occupations that require a high security clearance such as working in the defense industry or for the U.S. military
  3. Sponsorship of Family Members: U.S. Citizens can petition to immigrate their immediate relatives to the United States without being subject to the numerical limitations of the Visa Bulletin. Permanent residents on the other hand may only petition for certain relatives and such applications are subject to numerical limitations.
  4. International Travel Benefits: U.S. Citizens may also engage in international travel without having to worry about placing their legal status in jeopardy. Unlike citizens, permanent residents must maintain continuous residence and physical presence in the United States, or risk losing their immigration status
  5. Criminal Offenses: Certain criminal offenses can lead to the deportation of a green card holder as well as other serious issues including being permanently barred from entering the U.S. that do not affect U.S. Citizens in the same manner.

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If you recently became a naturalized U.S. Citizen, congratulations on accomplishing this huge milestone! Now that you have passed your citizenship interview, you will want to apply for a U.S. passport. In this short video, attorney Jacob Sapochnick, explains everything you need to know about how to apply for your new passport in 2024.

Did you know? As a U.S. passport holder, you can travel to more than 180 countries all over the world without having to obtain a visa. Additionally, one of the biggest perks of becoming a U.S. Citizen is that you can live abroad for as long as you want without worrying about your immigration status.

If this topic interests you, please keep on watching our video.

Overview

When should I apply for a U.S. Passport?

Our office typically recommends that new U.S. Citizens apply for their passport as soon as they attend the oath of allegiance ceremony and receive their naturalization certificate.

How long does it take to receive a U.S. passport after applying?

The current regular processing time for a U.S. passport to be issued is 8 to 12 weeks. Those who need a passport sooner can apply for expedited processing of their passport for an additional fee. Expedited processing times are 4 to 6 weeks. Those who need to travel within 14 calendar days, can apply for an emergency passport and receive it within several days, however appointments for emergency passports are very difficult to obtain.

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In this blog post, we provide you with the latest details regarding upcoming changes to the N-400 Application for Naturalization in the new year. USCIS recently announced that it is planning to conduct trial testing of a newly redesigned naturalization examination that seeks to update the civics component of the N-400 examination, and potentially introduce a new English-speaking element to the examination. Trial testing is expected to begin in January 2023 and last for a period of 5 months.

Want to know more? Just keep on watching.

Did you know? During your naturalization interview, you will be asked to undergo a naturalization examination which is made up of two components, an English, and civics test. During the English examination, you must demonstrate an understanding of the English language and the ability to read, write, and speak basic English. During the civics test, you will be asked to answer questions about American government and history.

Overview

As you might be aware, this year the United States Citizenship and Immigration Services (USCIS) revealed that it received the highest number of naturalization applications since fiscal year 2008. According to statistics, approximately 1,047,000 permanent residents became U.S. Citizens in 2022, with naturalization applications rebounding to pre-pandemic levels.

What are the proposed changes to the N-400 Application for Naturalization?

Starting in January 2023, USCIS will conduct trial testing to introduce a new standardized English-speaking test as part of the requirement to demonstrate an understanding of the English language.

Additionally, the trial testing will include an updated civics examination with new content and a new multiple-choice format. The reading and writing portions of the English examination will remain unchanged.

USCIS will conduct the trial testing with volunteer community-based organizations (CBOs) that work with immigrant English language learners and lawful permanent residents (LPRs) preparing for naturalization.

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In this video, attorney Jacob Sapochnick addresses a very important topic, what can you do if your N-400 application for naturalization has been denied?

To help you navigate this situation, in this video we discuss all the options you should consider moving forward. If you would like to know more about this important topic, please keep on watching.

Did you know? Over the last few months, more and more N-400 naturalization applicants have been wrongfully denied following the N-400 naturalization interview. It is important to understand the common pitfalls of N-400 naturalization applicants so you can avoid them in the future and ensure your success.

Overview

What are some common reasons for N-400 denials?

There are numerous different reasons why N-400 applications for naturalization may be denied.

Some denials occur simply because the applicant provided incomplete or deficient information requested on the N-400 application for naturalization. For instance, the Form N-400 requires applicants to provide detailed information about all places of residence, work, and school history, during the last 5 years.

Failure to provide complete and accurate information in these sections can be a cause for denial following the N-400 interview.

As an example, John Doe came to our office seeking consultation after the denial of his N-400 application. Upon closer review of his denial notice, we discovered that John failed to provide his complete residential history during the past 5 years. The immigration officer that interviewed John knew about the deficiencies in John’s residential history, because residential addresses that he previously provided to the U.S. Citizenship and Immigration Services (USCIS) on his green card applications did not appear on his N-400 application. Rather than give John the opportunity to cure these deficiencies, the immigration officer denied the N-400 application and applied immigration bars for fraud and misrepresentation. The N-400 was denied based on John’s failure to establish good moral character (a requirement of the N-400 application) due to the omissions in his application.

Other denials may occur based on an immigration officer’s review of the applicant’s past immigration and criminal history, leading to a denial.

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In this video attorney Jacob Sapochnick addresses a somber but important topic: What happens when a U.S. Citizen dies, can a LPR spouse still apply for naturalization after 3 years?

To know more about this topic, just keep on watching.

Overview

Applying for Naturalization After the Death of an Immediate Relative

In this post we answer one of your frequently asked questions:

Q: I became a green card holder through my husband, who was born in the U.S. and was a U.S. citizen. Sadly, my husband died last year. I would like to apply to become a U.S. citizen as soon as possible. Can I still apply for naturalization after 3 years of having my green card?

A: This question comes up more often than we would like to admit.

As you may know as a general rule, a legal permanent resident (LPR) is eligible to apply for naturalization after being a green card holder for at least 5 years.

However, there is an exception to the rule. Spouses of U.S. Citizens are eligible to apply for naturalization after 3 years of being a permanent resident, so long as they are still married and living in the same household as their U.S. Citizen spouse. Couples that are no longer living together (such as where a separation occurs) do not qualify for the 3-year exception.

But what happens when the spouse dies?

This situation recently happened to one of our clients. She was able to prove that she was living with her U.S. Citizen spouse up until the time of his death and wanted to know if she could still take advantage of the 3-year rule to apply for naturalization.

Sadly, under section 319(a) of the INA, “A person is ineligible for naturalization as the spouse of a United States citizen, if, before or after the filing of the application, the marital union ceases to exist due to death or divorce….”

That means that where a marital union ended due to the U.S. Citizen spouse’s death, the legal permanent resident cannot take advantage of the 3-year rule and must wait to reach their five-year anniversary as a legal permanent resident (LPR) before they can apply for naturalization. It is permissible to file your application 90 days before reaching your fifth anniversary as a permanent resident.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. We hope you spent a wonderful Thanksgiving holiday with your loved ones. We are grateful for all our viewers and the support you give us on this platform. We thank you for your trust and support.

In this video, attorney Jacob Sapochnick answers one of your frequently asked questions: I have a green card, why should I become a U.S. Citizen? In this blog post, you will find out what your rights are as a permanent resident versus a U.S. Citizen, and some of the key advantages you have as a U.S. Citizen.

Keep on watching to find out more.

Overview

What is the difference between having a green card and U.S. Citizenship?

First, let’s discuss the basics. When a person wants to immigrate to the United States permanently, the first step is to apply for a green card (also known as permanent residence). There are various different ways a person can qualify for a green card. The most common avenues to obtain a green card are family sponsorship through a qualifying relative (U.S. Citizen or LPR spouse, child, parent, or sibling) or employment-based sponsorship, where an individual will first obtain a work visa based on a job offer and then become eligible to apply for permanent residence through their employer. There are also other special categories of immigrants such as asylum seekers, Violence Against Women Act (VAWA) victims of domestic violence, diversity visa lottery winners, and many others who also qualify for a green card. There also green card avenues for individuals of exceptional ability (EB-1), those whose employment is in the national interest (EB-2), and EB-5 immigrant investors who invest at least half a million dollars in a new business enterprise or Regional Center project. While there are many ways to obtain a green card, the ultimate goal is to obtain permanent residency.

Once a person has obtained a green card, typically that person must wait a number of years before being eligible to apply for U.S. Citizenship. For instance, those who obtained their green card based on marriage to a U.S. Citizen and continue to remain married, must wait 3 years from the date they became a permanent residence to apply for citizenship. All others must wait 5 years from the date they became a permanent resident to become eligible to apply for U.S. Citizenship.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick discusses President Biden’s new plan to make the citizenship application process more accessible and available to more people: what’s happened so far and what plans does the Biden administration have for the future?

Keep on watching for all the details. In addition, please stay tuned for information about big changes coming soon to the United States passport application process, including a new gender option for applicants who are gender non-conforming, and information about a new bill introduced last week called, America’s CHILDREN Act that would open a pathway for permanent residence for certain individuals who came to the United States as children but overstayed their length of authorized stay.

Overview

Biden’s Interagency Strategy for Promoting Naturalization

The Biden administration is launching a nationwide campaign initiative to encourage long time lawful permanent residents (green card holders) to become U.S. Citizens. These efforts stem from President Biden’s February 2nd Executive Order “Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans.” A hallmark of this executive order is to “welcome strategies that promote integration, inclusion, and citizenship.” As part of these efforts, the Biden administration is now working closely with the United States Citizenship and Immigration Services (USCIS) to unveil a new strategy that will encourage an estimated 9 million green card holders living in the United States to apply for U.S. Citizenship. These unprecedented efforts will target those permanent residents who have the ability to naturalize.

How will this be done?

The Biden administration will be strategizing with USCIS to determine the best ways to reach this massive pool of permanent residents by holding naturalization ceremonies at national parks to raise awareness, partnering with the US Postal Service to display promotional posters at Postal Service facilities about becoming a US citizen, and engaging with the Department of Veterans Affairs and veteran service organizations to find ways to educate service members and veterans on citizenship.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick answers one of your frequently asked questions: How long does it take to get U.S. Citizenship after sending your application to USCIS? What are the actual steps involved in applying for citizenship?

Keep on watching to find out more.

Overview

How long does it take to get U.S. Citizenship these days?

The current processing time from start to finish to obtain U.S. Citizenship is over 12 months. The process begins with the filing of the N-400 Application for Naturalization with the United States Citizenship and Immigration Services (USCIS) along with all of the necessary supporting documentation and ends with the mailing of the Oath Ceremony notice that contains the date, time, and location where the applicant must appear for his or her naturalization ceremony, following approval of the application at the in-person interview which takes place at a USCIS field office.

Why the delays?

As our readers will know, the Coronavirus pandemic and ongoing USCIS backlogs have greatly increased the processing times for nearly all types of applications filed with the agency, and the N-400 Application for Naturalization is no exception. The lengthy processing time also largely depends on the number of applications being scheduled for interviews at your local USCIS office. Certain local offices are experiencing much higher workloads than others, which can result in longer processing times in comparison to field offices in smaller cities. Unfortunately, these backlogs are set to continue through at least 2023.

What are the steps to apply for U.S. Citizenship?

STEP ONE: Filing and preparing the Form N-400 Application for Naturalization

The first step involved in the naturalization process is filing and preparing Form N-400, the Application for Naturalization, and including all the necessary supporting documentation with the application. This form is taking about 1 year to be processed by USCIS.

TIP: If you are a self-filer, be sure to carefully read the N-400 form instructions and ensure that you have provided accurate responses and completed the form correctly. Failure to ensure the proper completion of the form can result in delays, or serious immigration consequences. In addition, self-filers must ensure that they have sent the appropriate filing fees and have mailed the application to the proper address.

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