USCIS Approves N-400 Application for Naturalization After Applicant Accidently Registered to Vote

Our firm represented a client applying to become a United States citizen.  Our client was eligible to become naturalized because she had been a lawful permanent resident of the U.S. for at least five years.  We filed Form N-400 Application for Naturalization for our client.  We also filed an addenda to Form N-400 explaining our client’s accidental registering to vote.  When our client was renewing her driver’s license, she accidentally and unintentionally registered to vote while using the Department of Motor Vehicle computer systems.  Our client had understood from the start that she could not vote because she was not a US Citizen and never actually voted.  We advised our client to request that the local voter registration office remove her from the voter registration polls.  The local office removed our client from the voter registration polls, confirmed our client’s removal from the voter registration polls and verified that she had never voted.  Our firm organized and filed all of this information along with Form N-400.  We also prepared our client for the naturalization interview.  United States Citizenship and Immigration Services (USCIS) took a detailed statement from our client at the interview which we attended with her and helped her provide.  USCIS approved the N-400 and scheduled our client for a Naturalization Oath Ceremony. Our client attended the ceremony and officially became a United States citizen.

Filing of Writ of Mandamus in United States Federal District Court Leads to Approval of Naturalization Application

Our client had gained his United States Permanent Resident Status following a grant of asylum.  The basis of his asylum claim was that he had participated in a non-violent military overthrow of an existing government in his home country but following the change of government the new government that he had helped bring into power changed its policies and he feared persecution by the new government if he were forced to return to his home country.  After the requisite time period passed following receipt of his green card our client applied for U.S. Citizenship.  The N-400 Application for Naturalization asks whether the applicant has ever advocated the overthrow of a government by force and our client truthfully answered this question yes as that had been the basis of his asylum claim.  The Code of Federal Regulations specifically states that the mere involvement in the overthrow of a government is not in and of itself a basis for denial of a Naturalization Application and that an individual could not establish good moral character only if that individual believed in the overthrow of all governments.  Following his Naturalization Interview at the USCIS Philadelphia District Office, our client's Naturalization Application remained unadjudicated by USCIS for over 1 year.  When USCIS did not timely decide his Naturalization Application he sought the assistance of an attorney with expertise in filing a Writ of Mandamus to compel USCIS to decide his Application.  Our client contacted us through our "contact us" form on our website and we timely responded to his inquiry indicating that we could be of assistance.  Our client met with several attorneys and chose our firm to file a Writ of Mandamus Action on his behalf in the United States District Court for the Eastern District of Pennsylvania in an effort to obtain an order from a Federal Judge compelling USCIS to decide his Naturalization Application.  Upon filing of our Complaint for Writ of Mandamus, we were contacted by the U.S. attorney handling the matter on behalf of USCIS.  The U.S. attorney indicated to us that based upon our Complaint USCIS had agreed to decide our client's Naturalization Application and we agreed that we would not oppose a Motion by the U.S. attorney to Remand the case to USCIS for a final determination of the Naturalization Application within 14 days of the Court Order.  The Federal Judge entered an Order granting the Motion.  The next day our law firm received a call from an Immigration Officer at USCIS indicating that our client needed to take new fingerprints and a notice was sent to us for our client to be promptly fingerprinted.  The day after the fingerprints were taken our client received a notice for an oath ceremony within the 14 day time period mandated by the Court Order and he was sworn in as a United States Citizen at the oath ceremony.  Our client was overjoyed that we had helped him become a U.S. Citizen so quickly after filing the Writ of Mandamus when USCIS had delayed his Application for so long.  This was a true success story!!!

Naturalization Application Approved for Getson & Schatz, P.C. Client in Oregon

Immigration Law is Federal Law allowing our law firm to represent clients throughout the United States.  We had filed a Labor Certification Application for a client in St. Louis, Missouri in 2001 for an Occupational Therapist position which was approved.  We thereafter filed an I-140 Petition and Green Card Application on her behalf which was approved in 2005.  Following approval of her green card our client worked for her Petitioning employer but eventually changed jobs and moved to Oregon.  She contacted us for assistance with her United States Citizenship Application after she had been a United States Permanent Resident for 4 years and 9 months.  With our firm's assistance our client became a United States Citizen.  It was rewarding for us to see her become a United States Citizenship after having represented her for so many years.

Naturalization Disability Application Approved

Our firm successfully filed an N-648 Application in order to waive the English Language and U.S. History/Government requirements for naturalization for a client with a mental disability that prevented her from learning English and U.S. History/Government.  Our client has been receiving medical treatment for her disability for many years and has been receiving social security disability.  We provided guidance to our client's treating physician in preparing the N-648 and USCIS approved her naturalization application under the disability exception.

Naturalization Oath Ceremony in Philadelphia Scheduled 2 Weeks After Interview

We prepared and filed a Naturalization Application for our client based upon his residing in a bona fide marital relationship with his U.S. Citizen spouse for the 3 year period immediately preceding the filing of his Naturalization Application.  We attended the citizenship interview with our client at the USCIS Philadelphia District Office and provided the Information Services Officer with documentation evidencing the marital union for the 3 year period.  The Naturalization Application was approved and the oath ceremony was scheduled 2 weeks after the interview.

Naturalization Application approved including Name Change

An N-400 Application for Naturalization granting a change of name was approved by the Philadelphia Immigration Office.  An oath ceremony will take place at the U.S. District Court in the Eastern District of Pennsylvania.  The naturalization process is an excellent way for a United States Permanent Resident to change his or her name if desired without having to file a Petition for a Name Change in State Court.

Naturalization Application Approved that was filed 3 Years after obtaining Permanent Resident Status based upon marriage to a U.S. Citizen

The Philadelphia Immigration Office approved a N-400 Application for Naturalization filed by a Permanent Resident 3 years after obtaining the green card on the basis of residence in a marital union with a United States Citizen.  Our lawyers prepared the N-400 Application, prepared the client for the naturalization interview, prepared evidence of the marital union, and accompanied the client and spouse to the naturalization interview.

N-400, Application for Naturalization/Citizenship Approved Despite Divorce from U.S. Citizen Petitioner

Our client received her green card through marriage to a U.S. Citizen.  As they were separated less than one year after our client was admitted to the U.S. as a lawful permanent resident, the Immigration Service might have inquired regarding the marriage although our client had proof that the marriage was valid.  We applied for our client's citizenship on the basis of five years of lawful permanent resident status, rather than three years of residence and marriage to a U.S. citizen and our client's N-400 application was approved at her interview in at the USCIS Office in Mount Laurel, New Jersey.

N-400 Application for Naturalization/Citizenship Approved for Scientific Researcher

Yesterday, the USCIS approved the N-400, Application for Naturalization/Citizenship for our client, a scientific researcher at a major University, at his interview with the Immigration Service's Philadelphia District Office.

U.S. Citizenship and Immigration Services Philadelphia Office Approves N-336 Request for a Rehearing/Appeal of Citizenship Denial

Form N-336 requests for rehearing of USCIS denials of citizenship applications are rarely approved.  Our client's N-400 Application for Citizenship was originally denied because his previous immigration lawyer entered an ITIN, or Individual Taxpayer Identification Number, on his Form I-485 Application for a Green Card/Adjustment of Status where he was supposed to enter his Social Security Number.  At the time, he did not have a Social Security Number because he had no work authorization.  Our client had entered the U.S. from Mexico in  1993 and had never had work authorization until he filed his green card application many years later. The Immigration Service in Philadelphia determined that our client had committed fraud in entering an ITIN as his Social Security Number and denied his N-400 Application for Citizenship.  We promptly filed a Form I-336, which is used to appeal denials of citizenship applications.  In our appeal, we argued that our client had committed no fraud as he had no intent to mislead the Immigration Service and that even if he had made a misrepresentation, that it was not a "material misrepresentation" under the law as he was not required to have a Social Security Number at the time he applied for his green card through his approved employment based labor petition.  Our client's green card application was based on INA Section 245(i), a law designed to forgive both illegal employment and entry without inspection. The Immigration Officer who adjudicated our N-336 appeal agreed that our client could not be found to have committed fraud under the Immigration and Nationality Act and granted his Form N-336 and his N-400, Application for Citizenship.

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