Articles Posted in Naturalization

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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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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick discusses a new pilot program that will improve the accuracy and reporting of current USCIS processing times. As our readers will be aware, USCIS processing times have increased significantly during the past few years, especially for certain types of petitions, due to severe backlogs and personnel shortages caused by the COVID-19 pandemic.

Unfortunately, this has made it more and more difficult for applicants to ascertain exactly where they stand in the processing pipeline. To help resolve these issues, USCIS is testing new ways to better calculate processing times for immigration benefit requests with the unveiling of a new pilot program. This new system will help certain applicants determine whether their case is outside of the normal processing time, and when they can inquire about the status of their case. The pilot program will begin with posted processing times for Forms I-90, I-102, I-485, I-526, I-751, I-765, I-817, I-824, I-829, I-914, I-924, N-400, N-600 and N-600K.

Overview

Unfortunately, thousands of applicants have been negatively impacted by the lengthy processing times, currently affecting a broad range of applications and petitions filed at USCIS service centers nationwide. Many have been waiting months on end for interview scheduling, while others have yet to receive a Notice of Action, informing them that their case was properly filed and received by USCIS.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick discusses what’s ahead for U.S. immigration law in 2021.

Want to know more? Keep on watching for more information.

Overview

As we enter the Biden administration, many of our readers want to know what’s possible in the world of immigration law. What might President Biden do within his first 100 days in office and how might his decisions impact immigration?

We anticipate that U.S. immigration policies will experience an overhaul under the Biden administration beginning on January 20th when he takes office. His administration will likely focus on undoing many of the harmful and restrictive policies passed during the last four years by President Donald Trump. We believe that litigation will slowly die down as the need to challenge President Trump’s policies disappears.

Biden’s policies in general will favor the expansion of temporary work visas for highly skilled professionals which we believe will benefit U.S. companies seeking to hire more foreign talent.

Biden’s transition to the presidency will also have the likely effect of encouraging many families to begin working on their immigration processes to legalize their status in the United States.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick discusses a new court order that prohibits the government from enforcing a final rule that sought to increase filing fees for certain applications and petitions filed with the United States Citizenship and Immigration Services (USCIS). For more information keep on watching.

Overview

As many of you know on August 3, 2020, the Department of Homeland Security published a final rule in the Federal Register which sought to increase filing fees for most applications and petitions for immigration benefits payable to the United States Citizenship and Immigration Services (USCIS). These filing fee increases were made by USCIS in order to help the agency meet its operational costs and ensure adequate resources to cover services provided by USCIS to applicants and petitioners.

Just days before the filing fee increase was scheduled to go into effect, a federal judge from the U.S. District Court for the Northern District of California issued a nationwide temporary injunction blocking the government from implementing the final rule. The court order essentially stops the government from enforcing the fee increases as the government had originally planned beginning October 2, 2020.

The preliminary injunction issued by the court took effect immediately as of the date of the ruling (September 29, 2020) and will remain in effect pending resolution of the lawsuit Immigrant Legal Resource Center, et al., v. Chad F. Wolf.

Why did the Judge Grant the Injunction?

Several nonprofit organizations including the immigrant Legal Resource Center came together to file a lawsuit in the U.S. District Court for the Northern District of California challenging the government’s planned enforcement of the final rule increasing USCIS filing fees. In their lawsuit, these organizations asked the court to grant a nationwide injunction to block the government from enforcing the rule to applications and petitions postmarked on or after October 2, 2020.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick updates you regarding a recent practice followed by the United States Citizenship and Immigration Services (USCIS) – the waiver of marriage based green card interviews during the Coronavirus pandemic. Additionally, our office has observed that the agency is processing certain types of applications much more quickly than others.

Want to know more? Stay tuned for more information about this important topic.

Overview

Green Card Interview Waivers for Employment Based Applicants

Beginning in April of this year, our office began to receive approval notices for employment-based adjustment of status applications, without the need for the applicant to attend the in-person face-to-face interview as is typically required by USCIS.

As you may recall on March 18th USCIS announced the suspension of in-person services at field offices nationwide, which meant the cancellation of face-to-face interviews. It was not until June 4th that USCIS announced that it would begin resumption of services at field offices nationwide.

Presumably to avoid a growing backlog of cases needing to be scheduled for an interview, USCIS began to grant employment-based green card petitions without requiring the applicant to attend the in-person interview due to the suspension of in-person services.

USCIS never officially announced a policy change allowing for these interview waivers, and instead these changes were occurring as a matter of practice based upon the agency’s discretion.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick provides new updates regarding previously planned furloughs by the United States Citizenship Immigration Services (USCIS) as well as the expansion of interview waiver eligibility for certain visa applications at United States Embassies and Consulates Worldwide.

For more information on these important topics please keep on watching.

Overview

USCIS Cancels Planned Furloughs

We have great news for our readers. Recently, USCIS announced that it will cancel the agency’s planned furlough of more than 13,000 employees, which was scheduled to take place on August 30, 2020, to help the agency meet its budget quotas and ensure operational capacity.

On August 25th USCIS made the announcement stating that as of now the agency is able to maintain its operations through the end of fiscal year 2020.

What does this mean for applicants?

While the cancellation of these planned furloughs is certainly good news for the American workforce, USCIS has made clear that delays will continue for the foreseeable future, including an increase in backlogs and wait times across the board. USCIS has specifically stated that there is no guarantee that the agency can avoid future furloughs. The only mechanism that will safeguard operations is additional funding from Congress to help the agency meet its operational costs through fiscal year 2021

According to USCIS, the agency has cut costs by reducing the need to work with outside contractors who have in the past assisted USCIS adjudicators to process and prepare case files, and provide support to the agency. Of course, without this additional assistance, delays will continue to be expected.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick shares the latest update regarding reopening procedures for United States Citizenship and Immigration Services (USCIS) field offices nationwide.

Keep on watching for more information.

Overview

On May 27, 2020, USCIS announced that some domestic field offices and asylum offices would begin to reopen to the public on or after June 4, 2020. Unfortunately, as June 4th came and went, it became evident that USCIS would not be able to reopen its offices on June 4th. USCIS recently published an office closure webpage which shows that all field offices, asylum offices, and application support centers are still closed to the public, except for those seeking urgent emergency services. Unfortunately, this means that there will be delays in reopening offices nationwide. We have received information that the San Diego Field Office plans to reopen during the month of July. Based on this information we believe that the majority of field offices, asylum offices, and application support centers will also reopen around this time frame.

Even when USCIS offices do reopen, it will not be business as usual. USCIS has said it will be reducing the number of appointments and interviews at its offices to comply with social distancing requirements. As a result, USCIS will not be scheduling nearly as many biometrics appointments and interviews as it did before the coronavirus pandemic. This will result in further delays in the adjudication of applications and petitions that require an interview such as applications for permanent residency and naturalization.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick shares the latest update regarding the United States Citizenship and Immigration Services (USCIS) field office closures.

Keep on watching for more information.

Overview

On March 18, 2020, USCIS made the decision to temporarily close USCIS field offices, application support centers (ASC), and asylum offices to help slow the spread of COVID-19. This means that since March 18th no green card interviews, asylum interviews, biometrics appointments, nor info pass appointments have taken place.

After making the announcement, USCIS initially planned to reopen its offices on April 7th but the agency ultimately extended the temporary closure until May 4th.

In its most recent update USCIS has said that the agency is readying offices to reopen on or after June 4th.

Please keep in mind that although USCIS offices have been closed to the public, USCIS service centers nationwide continue to accept and process applications for immigration benefits.

Emergency Services

In addition, although USCIS field offices are closed to the public, they are still providing limited in-person services for those with emergencies. These individuals can contact the USCIS Contact Center for emergency assistance.

What will happen to appointments that were cancelled?

USCIS field offices will send notices to applicants and petitioners with scheduled appointments and naturalization ceremonies impacted by the extended temporary closure.

Asylum applicants who had an interview impacted by the closures will receive interview cancellation notices and asylum interviews will be automatically rescheduled.

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Welcome back to Immigration Lawyer Blog, where we discuss all things immigration. In this video, we cover a new policy update handed down by USCIS that affects children of U.S. service members and government employees stationed abroad.

The new policy update states that certain children of U.S. government employees and U.S. armed forces members, employed or stationed outside the United States, will not be considered to be “residing in the United States” for purposes of acquiring citizenship under INA 320 beginning October 29, 2019.

In other words, some children of U.S. government workers and members of the U.S. armed forces stationed abroad will no longer be granted automatic citizenship. Instead, their parents will need to apply for their citizenship by filing Form N-600K Application for Citizenship and Issuance of Certificate Under Section 322 before the child’s 18th birthday.

Who does the Policy affect?

This policy applies to the following categories of children of U.S. government employees and U.S. armed forces members:

  • children of non-U.S. citizens adopted by U.S. citizen employees or service members;
  • children of non-U.S. citizen parents who become citizens after the child’s birth; and
  • children of U.S. citizens who do not meet residency requirements to transmit citizenship to their children at birth.

While these children will no longer obtain citizenship automatically, U.S. citizen parents residing outside the United States, with children who are not U.S. citizens, can still apply for their citizenship, by filing Form N-600K before the child’s 18th birthday.

Who does the Policy not affect?

The policy DOES NOT affect children who are citizens at birth or who have already acquired citizenship prior to October 29, 2019.

The Takeaway

This new policy does not take away the citizenship rights of children of U.S. service members and government employees stationed abroad, but rather makes it harder for these children to acquire citizenship by requiring parents to submit Form N-600K with supporting documentation. Previously, children who regularly resided outside the United States could acquire citizenship automatically.

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What happens when you have let your green card expire, and you now want to apply for citizenship?

Overview: 

Under current immigration law, a naturalization applicant is not required to have a valid green card at the time of filing for citizenship.

Because of this, individuals with a now expired green card do not need to apply to renew their green cards before applying for citizenship.

However, in cases where the green card was lost or stolen it is recommended that the individual file Form I-90 to renew a lost or stolen green card.  Even in this case you may still apply for citizenship and provide a copy of your I-90 receipt notice as proof that your green card renewal is in process.

Exception: Individuals who are traveling or individuals who need to have a valid green card to prove that they are eligible to engage in lawful employment,  should apply to renew their green cards as soon as possible.

Remember that as a general rule, applicants are allowed to apply for citizenship even if their green card has now expired, but in certain cases it may be a good idea to apply for a green card renewal prior to applying for naturalization.

Conditional Green Cards

If you have received a conditional 2-year green card, you must first remove the conditions on your conditional permanent residence on Form I-751. Conditional residents may apply for citizenship on their third anniversary of becoming a resident, if they remain married to the same individual who petitioned for their green card.

For more information about citizenship please click here.

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