CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Nigerian

LOCATION: New York

Our client contacted us in March 2015 to seek legal representation for his naturalization and citizenship N-400 application. He came to the United States from Nigeria and obtained his green card in April 2002. He retained our office on April 3, 2015.

The N-400 application was filed on April 16, 2015 with all supporting documents. Prior to his citizenship interview, our office prepared him via conference calls. On August 19, 2015, our client appeared at the Holtsville, NY USCIS office for his naturalization interview. Our client answered all questions correctly and passed his naturalization and citizenship interview. Eventually, his application was approved on September 10, 2015. His oath taking is scheduled in which he will become a naturalized U.S. Citizen.

{ 0 comments }

CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Surinamese

LOCATION: Cleveland, OH

Our client contacted us in February 2015 to seek legal representation for her naturalization and citizenship N-400 application. She came to the United States from Suriname and obtained her green card in May 2012 through marriage to her U.S. Citizen husband. She retained our office on March 1, 2015.

The N-400 application was filed on May 27, 2015 with all supporting documents. Prior to her citizenship interview, our office prepared her in our office. On July 31, 2015, our client appeared at the Cleveland, OH USCIS office for her naturalization interview. Attorney Sung Hee (Glen) Yu from our office accompanied our client. Our client answered all questions correctly and passed her naturalization and citizenship interview. Eventually, her application was approved on August 4, 2015. Her oath taking is scheduled in which she will become a naturalized U.S. Citizen.

{ 0 comments }

CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Indian

LOCATION: Kentucky

Our client contacted us in March 2015 to seek legal representation for his naturalization and citizenship N-400 application. He came to the United States from India and obtained his green card in June 2010 through marriage to his U.S. Citizen ex-wife. He first retained us for his H-751 since he got divorced to his US Citizen spouse, and that was approved. He retained our office again on March 6, 2015 for his N-400 application.

The N-400 application was filed on March 26, 2015 with all supporting documents. Prior to his citizenship interview, our office prepared him for his naturalization interview via conference calls. On June 25, 2015, our client appeared at the Louisville, KY USCIS office for his naturalization interview. Attorney JP Sarmiento from our office accompanied our client. Our client answered all questions correctly and passed his naturalization and citizenship interview. Eventually, his application was approved on July 28, 2015. His oath taking is scheduled in which he will become a naturalized U.S. Citizen.

{ 0 comments }

CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Filipino

LOCATION: Chicago, IL

Our client contacted us in January 2015 to seek legal representation for his naturalization and citizenship N-400 application. He came to the United States from the Philippines and obtained his green card in June 2005 through his family’s petition. Our client would have filed his naturalization application before; however, he was hesitant to file it because of his criminal conviction and the related misrepresentation (not putting his DUI conviction on his immigrant visa application).

Before he became the green card holder, he came to the United States as a tourist and committed a DUI offense. He was convicted and he properly paid his fine. Thereafter, he went back to the Philippines before his authorized stay expired. However, when he applied for his immigrant visa, he did not disclose this DUI record. Nevertheless, his immigrant visa was issued and he became a green card holder in the U.S.

On his most recent trip abroad, at the point of entry, the CBP officer stopped him, and asked him about his DUI record. He disclosed it and eventually was let in. At that point he worried about any potential naturalization application because this DUI was not disclosed on his immigrant visa application prior to him gaining permanent residency.

Although he was admitted into the U.S., he started to worry about his permanent residency and eligibility to file his naturalization application. When he contacted our office, we thoroughly explained him that there an argument that could be made regarding his N-400 eligibility despite the aforementioned issue. He retained our office on January 7, 2015.

The N-400 application was filed on January 27, 2015. The application actually include a “yes” regarding previous misrepresentation but included a detailed explanation of it.

According to 9 FAM 40.63 N2, in order to find an alien inadmissible under INA 212(a)(6)(C)(i), it must be determined that:

(1)   There has been a misrepresentation made by the applicant 

(2)   The misrepresentation was willfully made; and

(3)   The fact misrepresented is material; and

(4)   The alien by using fraud or misrepresentation seeks to procure, has sought to procure, or has procured a visa, other documentation, admission into the United States, or other benefit provided under the INA.

According to 9 FAM 40.63 N6.1 “Materiality” Defined:

“Materiality does not rest on the simple moral premise that an alien has lied, but must be measured pragmatically in the context of the individual case as to whether the misrepresentation was of direct and objective significance to the proper resolution of the alien’s application for a visa. The Attorney General has declared the definition of “materiality” with respect to INA 212(a)(6)(C)(i) to be as follows: “A misrepresentation made in connection with an application for a visa or other documents, or with entry into the United States, is material if either:

(1)   The alien is inadmissible on the true facts; or

(2)   The misrepresentation tends to shut off a line of inquiry which is relevant to the alien’s eligibility and which might well have resulted in a proper determination that he or she be inadmissible

Section 212(a) delineates several crimes and convictions that render a person inadmissible, such as crimes of moral turpitude, controlled substance violations, and aggravated felonies among others. Misdemeanor DUIs are not included.

Finally, the William Yates Interoffice Memorandum by the USCIS issued on September 19, 2005 is the seminal memorandum regarding good moral character determinations in naturalization applications. Based on the memorandum:

“One of the basic eligibility requirements for naturalization is that of establishing good moral character. An applicant for naturalization must show that, during the statutorily prescribed period, he or she has been and continuous to be a person of good moral character…

Proper application of 8 C.F.R. § 316.10(b)(3)(iii) requires that naturalization adjudicators not seize upon minor unlawful acts committed by an applicant without engaging in an individualized analysis of whether the commission of those acts does in fat reflect adversely upon the applicant’s moral character.”

Our argument lied on the premise that the underlying facts would not have rendered him inadmissible, the misrepresentation was not material, and finally, that is beyond the 5-year statutory period for “good moral character”.

Prior to his citizenship interview, our office thoroughly prepared him via conference calls. On May 12, 2015, our client appeared at the Chicago, IL USCIS office for his naturalization interview. Attorney Sung Hee (Glen) Yu from our office accompanied our client. Our client answered all questions correctly and passed his naturalization and citizenship interview. Eventually, his application was approved only 2 days later on May 14, 2015. His oath taking is scheduled in which he will become a naturalized U.S. Citizen.

{ 0 comments }

CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Chinese

LOCATION: Cleveland, OH

Our client contacted us in December 2014 to seek legal representation for his naturalization and citizenship N-400 application. He came to the United States from China and obtained his green card in March 2012 through marriage to his U.S. Citizen wife. He retained our office on January 2, 2015.

The N-400 application was filed on January 12, 2015 with all supporting documents. Prior to his citizenship interview, our office prepared him in our office. On March 27, 2015, our client appeared at the Cleveland, OH USCIS office for his naturalization interview. Attorney Sung Hee (Glen) Yu from our office accompanied our client. Our client answered all questions correctly and passed his naturalization and citizenship interview. Eventually, his application was approved on April 3, 2015. His oath taking is scheduled in which he will become a naturalized U.S. Citizen.

{ 0 comments }

CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Chinese

LOCATION: Ohio

Our client contacted us in October 2014 to seek legal representation for her naturalization and citizenship N-400 application. She came to the United States from China and obtained her green card in September 2009. She retained our office for her naturalization application on October 20, 2014.

The N-400 application was filed on October 20, 2014 with all supporting documents. Our office prepared her before her naturalization interview via conference calls.

On January 12, 2015, our client appeared for her interview at the Cleveland CIS office.  Our client answered all questions correctly and passed. Eventually, her naturalization application was approved. Her oath taking is scheduled in which she will become a naturalized U.S. Citizen.

{ 0 comments }

CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Egyptian

LOCATION: Cleveland, OH

Our client contacted us in June 2014 to seek legal representation for his naturalization and citizenship N-400 application. He came to the United States from Egypt and obtained his green card in August 2009 through the marriage to his U.S. Citizen ex-wife. He has since divorced his wife but it had been almost five years since he got his green card. He retained our office on June 13, 2014.

The N-400 application was filed on June 24, 2014 with all supporting documents. Prior to his citizenship interview, our office prepared him for his naturalization interview at our office. On September 9, 2014, our client appeared at the Cleveland, OH USCIS office for his naturalization interview. Our client answered all questions correctly and passed his naturalization and citizenship interview. Eventually, his application was approved on December 1, 2014. His oath taking is scheduled in which he will become a naturalized U.S. Citizen.

{ 0 comments }

CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Israeli

LOCATION: Ohio

Our client contacted us in 2013 to seek legal representation for his naturalization and citizenship N-400 application. He came to the United States from Israel and obtained his green card in June 2002. He retained our office for his naturalization and citizenship N-400 application. He was concerned about his multiple DUI convictions and disorderly conduct charge. He also had a drug case which was dismissed. Nevertheless, our client had a clean record since 2008, so he we told him we can use this as argument for his good moral character (5 years is the rule, but CIS can go past 5 years to make this good moral character assessment).

The naturalization and citizenship N-400 application was filed on January 6, 2014 with all supporting documents. Our office prepared him before his naturalization interview, and also accompanied him on June 2, 2014 at the Cleveland CIS office. Our client passed his naturalization and citizenship N-400 interview. However, his N-400 case remained pending due to his former criminal convictions. The USCIS officer asked our client to submit a certified copy of his criminal records and an affidavit from his former spouse. We filed the RFE response to the Cleveland USCIS Field Office in July 7, 2014.

Eventually, his naturalization application was approved on October 6, 2014. His oath taking is scheduled in which he will become a naturalized U.S. Citizen.

{ 0 comments }

CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Pakistani

LOCATION: Michigan

Our client contacted us in May 2014 to seek legal representation for her naturalization and citizenship N-400 application. She came to the United States from Pakistan and obtained her green card in July 2008. She retained our office for her naturalization application on May 15, 2014.

The N-400 application was filed on May 28, 2014 with all supporting documents. Our office prepared her before her naturalization interview via conference calls.

On September 30, 2014, our client appeared for her interview at the Detroit CIS office.  Our client answered all questions correctly and passed. Eventually, her naturalization application was approved. Her oath taking is scheduled in which she will become a naturalized U.S. Citizen.

{ 0 comments }

CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Portuguese

LOCATION: West Virginia

Our client contacted us in May 2014 to seek legal representation for his naturalization and citizenship N-400 application. He came to the United States from Portugal and obtained his green card in March 2009. He retained our office for his naturalization and citizenship N-400 application on May 27, 2014.

The N-400 application was filed on June 3, 2014 with all supporting documents. Our office prepared him before his naturalization interview via conference calls. On September 4, 2014, our client appeared for his N-400 interview at the Pittsburgh CIS office.  Our client answered all questions correctly and passed his naturalization and citizenship N-400 interview. Eventually, his naturalization application was approved on September 18, 2014. His oath taking is scheduled in which he will become a naturalized U.S. Citizen.

{ 0 comments }