New Naturalization Form Required Beginning 12/22/2016

 

immigration-application

New Naturalization Form Required Beginning 12/22/2016

USCIS as issued a new form to apply for naturalization (US citizenship). Beginning December 22, 2016 USCIS will only accept the 9/29/2016 edition of this form.  If you file a form dated earlier that 9/29/2016 your application will be rejected.  The date for the form is on the right at the bottom of Form N-400.

For tips on applying for naturalization click on Naturalization Tips.

 

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Tips for Naturalization (US Citizenship) Applications

 

  1. You must be eligible to apply for naturalization. 

If you are not eligible, not only will your application be denied, depending on your circumstances, you might lose your permanent residence (green card) status. For information on who is eligible to apply for naturalization visit Who is Eligible for Naturalization.

 

  1. English Language requirement

You must be able to read, write and speak basic English.

 

  1. Exemption for the English Language Test

50/20 Rule

  • If you are 50 years old, and have lived in the US as a green card holder for at least 20 years, you may not have to take the English test. You must still take the civics test, but you may take it in your native language.

55/15 Rule

  • If you are 55 years old, and have lived in the US as a green card holder for at least 15 years, you may not have to take the English test. You must still take the civics test, but you may take it in your native language.

 

  1. Medical Exception to the English Language and/or Civics (US History & Government) Test

If you have one of the following conditions, you may be eligible for an exemption of the English language, and or, civics test requirements:

  • Physical Disability
  • Developmental Disability
  • Mental Impairment

For these conditions, you must prove that the condition has lasted, or is expected to last, at least 12 months.  You need evidence from your doctor to explain how your disability or impairment prevents you from learning English. For an exemption from the civics test, you must prove that the disability or impairment prevents you from learning the information needed to pass the test.

 

  1. Children

Be sure to list ALL your children, even children who do not live in the US, or who do not live with you. If did not list all your children on forms you have already filed with the Immigration Service (USCIS), you will need to explain why you did not list them on an earlier form.

 

  1. Child Support

If you have children under 21, who do not live with you, provide evidence that you provide financial support for each child.  Also, provide evidence, such as copies a child support or government order, and show how you have followed the order. This could include documents such as:

  • Cancelled checks or money order receipts;
  • Government documents showing child support payments
  • Evidence that your wages have been garnished
  • Notarized letter from the person who cares for your children

 

  1. Trips Outside the US for 6 Months or Longer

If you have been outside the US for 6 months or longer after becoming a green card holder, you should provide evidence that you continued to intend to live in the US during the entire time you were outside the US, such as;

  • You continued to have employment in the US
  • Your close relatives remained in the US
  • You maintained a residence in the US

 

  1. Selective Service
  • If you are a man between the ages of 18 and 26, you must provide proof that you registered with the Selective Service.
  • If you are age 26 or older and required to register with the Selective Service, but did not register, you must explain why you did not register. You will also need a status information letter from the Selective Service. For more information on Selective Service registration click on sss.gov.

 

  1. Arrests/Convictions – Anywhere in the world, for any reason
  • If no charges were filed, you must provide proof that your case was ended by the court.
  • If charges were filed, you must provide evidence of what happened with the charges.
  • If you have had any arrests or conviction vacated, set aside, sealed, expunged or in any way removed from your record, you need to provide a statement from the court that there is no record of your arrest or conviction.

Please Note:

  • You must provide the above evidence even if a judge, government officer or lawyer told you that you no longer have a record, or that you do not have to disclose the arrest/conviction.
  • You must provide evidence of traffic violations if:
    • The incident involved alcohol or drugs; or
    • The incident led to an arrest; or
    • The incident seriously injured another person

 

  1. Forms and Filing Fees Can Change
  • Be sure to use the most up-to-date version of the Application for Naturalization (Form N-400).
  • Be sure to pay the correct filing fee. Visit the Immigration Service website to make sure you use the correct form and pay the correct filing fee.

http://www.syracuseimmigration.com/daly/1638-2/

No Immigration Status? Make a Plan

plan-ahead

No Immigration Status? Make a Plan

There is no way to know what actions the new administration will take concerning immigration after January 20, 2017. It is possible that many undocumented immigrants will be arrested and placed in immigration detention centers. If that happens to you, it will be important for you and your family to have back-up plans in place.

 

If you are undocumented (without immigration status in the US) you may want to take some of the following steps to protect yourself and your family in case you arrested by Immigration.

  1. If you are eligible to apply for any immigration status in the US, you should apply as soon as possible. For example, if you are married to a US citizen, and you entered the US with a visa, you may apply for a green card in the US. If this applies to you, and you file before you are arrested, you may be able to be released from immigration custody.
  1. Make sure someone you trust has your personal information, so that they can find out where you are being held and/or communicate with you if you are deported. This information includes;
  • Accurate spelling of your name, including your middle name and any other names used
  • Birthday
  • Social Security number (if any)
  • Address and other contact information outside the US, including the names of relatives or friends who may receive mail on your behalf
  • Other contact information for you such as an e-mail address, or the phone number of relatives or friends in the US
  • Copies of any notices you may have received from USCIS or the Immigration Court
    • These papers will contain your A number, if you have one. This will make it easier for your relatives to locate you. Not everyone has an A number.
  1. If you have children in the US, you will need to have a plan in place for their care.
  • Custody or Guardianship Plans
  • Designate someone to care for your children in an emergency
  • Consult a family law attorney about custody or guardianship in case you are detained
  • If no parent or relative is available to take custody or guardianship of your children, it is important to make sure that whoever cares for your children has the legal power to make decisions for them concerning medical care and education. The documents below may be important:
  • Power of attorney for health care and education for your children
  • Power of attorney for finances for your children
  1. Make a will, or update your will, so that your husband, wife or children will have a legal claim to your assets.
  1. Designate/Update beneficiaries on pension or retirement accounts and life insurance policies
  1. Beware of immigration scams. During a time of uncertainty, it is even more important to be on the lookout for immigration scams. Those who are at risk of getting arrested and deported are more likely to be targeted by scam artists who try to sell their phony services to those who have no options for staying in the US. They do this by:
  • Filing applications that include false information. It is very important that all the information included on an immigration application be truthful and accurate. If you file a form that includes false information, or for a benefit for which you are not eligible, it may make it impossible for you to file immigration applications later.
  • Providing fake documents, such as a fake green card, or a fake driver’s license. If you give false documents to an immigration officer, you may never be able to return to the US, even if you become eligible to apply for immigration status in the future.
  1. In most cases, if you entered the US without inspection at the border (you did not answer questions from an inspector) or you overstayed your period of admission (stamped in your passport) you will not be able to file an immigration application in the US. In some cases, you may be able to file an immigration application from your home country.
  1. To help you look at your immigration choices, or plan for future immigration to the US, we strongly recommend that you consult with an experienced immigration lawyer. If you want to schedule an appointment for a consultation with a lawyer from our office, click on contact us.

Remember:

  • If it sounds too good to be true, it is probably not true.
  • Immigration officers do not call people on the phone asking for money.
  • You cannot “buy” a valid green card or social security card.
  • You must be eligible to apply for a green card, usually because you have a close relative or an employer who may file an application for you.
  • Do not be tricked by rumors and bad information.
  • Protect yourself and your children by planning for the future.