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info@getsonschatz.com
Immigration Law Success Stories
April 22, 2010
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.
February 9, 2010
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.
January 7, 2010
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.
November 24, 2009
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.
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.
November 11, 2009
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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