24 Aug What you should consider when applying for Naturalization
By Atty. Chris Caday Lozano
Petition for Caregivers
The priority date for “Other workers” for Final Action date is May 8, 2019, which is about 3 years waiting for the visa. The priority date for Date of Filing of Adjustment of Status for those in the U.S. is now current. This means that when the petition is approved an adjustment of status can be filed. This process is good for those who need caregivers.
Arrest and removal of undocumented is now up to the discretion of ICE officer
US Supreme Court did not allow Pres. Biden to overturn the immigration policy of Trump with regards to priority in arrest and removal. With increasing migrants at the border White House is now requiring ICE to deport more migrants under political pressure. It is now a decision to be made by the ICE officer which could include arrest of anyone who is undocumented. It is time to work on your green card now.
N-400 Application for Naturalization
The USCIS is now giving priorities to application for naturalization . The reason is obviously to allow qualified immigrants to vote in the coming midterm and presidential election. There are cases when the waiting time is only six months compared to prior years. Pres. Biden is encouraging all qualified to file for naturalization. This is a rare opportunity that all qualified should take advantage of.
What to consider when applying for Naturalization
When applying for naturalization, there are problems many applicants encountered during the interview process. This is because they look at how you first get your green card and what actions you have made while a green card holder. Listed below are some of them:
1. Proving good faith marriage. You will be surprised that you are applying for naturalization and yet the USCIS is considering you as a green card applicant although your marriage happened ten years ago. If you obtained your green card through marriage, no matter how many years has passed, they always asked questions and documents about whether your marriage is bona fide and what joint documents support this marriage.
2. Proving family relationship if you were petitioned by your parents, siblings or as derivative of your parents. You should be able to show proof of your relationship through marriage certificate, birth certificate, divorce or death certificate, whichever documents applied to your case.
3. If you were involved is a crime, no matter how minor you think it is, they will always look for documentation if you have been convicted and if you served your sentence.
4. There are crimes that will make you deportable when applying for naturalization. This will include committing two crimes of moral turpitude or an aggravated felony. Theft is a crime involving moral turpitude. There is waiver available, and you should talk to an immigration lawyer.
5. Green card holders who obtained their green card through misrepresentation may also be sent to removal proceedings. These include those who committed marriage fraud or declared as single but actually married when they first entered the U.S. If you have this kind of problem, you need to talk to an immigration attorney to find if you qualify for a waiver of fraud or misrepresentation.
6. Failure to file and pay your income tax may also disqualify you for naturalization. If you have a payment plan agreement with the IRS and you keep paying the monthly payments, you may be able to get approved. Again you need to consult with an immigration lawyer about your situation.
7. Failure to pay child support. You may be denied if you fail to pay for child support.
8. If you stayed outside the U.S. for more than 180 days in a single year, you may be denied naturalization.
9. If you lack the required period of residency, you may also be denied.
So that you will not have a problem when applying for naturalization, you should consult with an immigration attorney to avoid possible problem along the way.
Note: This is not a legal advice
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For the month of July 2022, we received approvals from USCIS five naturalization applications, two Fiancée visa petition, four removals of condition on residence and four adjustment of status applications.
Note: If you have immigration problems write us a letter and we will reply to you with no initial obligation. The Law Offices of Crispin C. Lozano can help you find a solution before your problem gets worse which could lead to deportation and family separation.
Chris Caday Lozano, Esq. is an active member of the State Bar of California, the American Immigration Lawyers Association and San Francisco Trial Lawyers. He practices immigration law, bankruptcy and income tax preparation since June 1999. His contact phone is 1-877-456-9266, email: info@CCLlaw.net Website: www.crispinlozanolaw.com/