do an immigration lawyer when applying for citizenship

by Kurtis Treutel 9 min read

You should definitely hire an immigration lawyer to help you with the citizenship process if you're having difficulty following instructions on how to do it yourself, or if you start it yourself and find that you have too many questions about how to fill out the form or what documents you need to send or bring to your USCIS interview.

Do I need a lawyer to apply for U.S. citizenship? No. You can file USCIS forms yourself, including Form N-400, Application for Naturalization, which can be submitted online. However, some people choose to seek assistance from a lawyer or Executive Office for Immigration Review (EOIR)-accredited representative.Sep 16, 2021

Full Answer

Do I need an immigration lawyer to become a US citizen?

If you’re a permanent resident in the United States and are ready to become a citizen, you may be wondering whether to hire an immigration lawyer to help you through the naturalization process. No doubt, a big part of that decision will depend on the cost.

Why do I need a lawyer for my citizenship interview?

The lawyer can also attend your citizenship interview with you —mostly to take notes about what happens during the interview in case you are denied, but also to speak up on your behalf if the USCIS officer needs clarification or asks you inappropriate questions.

Why hire an immigration lawyer?

An experienced immigration lawyer has helped lots of people apply for citizenship successfully and knows what to do every step of the way. A lawyer, as you would expect, also knows the law.

Is it easier to apply for citizenship through USCIS?

USCIS has special rules making it easier and quicker to apply for U.S. citizenship in certain situations. Most of these situations involve persons who are overseas because they or their spouse is working for the U.S. government, or they're in (or have been in) the U.S. armed forces.

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Should you bring a lawyer to citizenship interview?

One of the benefits of having a lawyer at a citizenship interview is that we are allowed to ask for clarification. If you are ever confused by one of the questions the USCIS officer asks, your attorney can communicate the issue with the question.

Can a lawyer speed up citizenship process?

The immigration process can be intimidating and take a long time, but hiring an immigration attorney to support you with your case can speed up the process and help you meet your goals.

Can you get deported while applying for citizenship?

In some cases, green card holders applying for U.S. citizenship can face deportation as a result of discoveries made during background checks. But non-citizens are more commonly deported due to criminal activities including the violation of immigration laws.

Who can help me fill out citizenship application?

It is advisable to seek the help of an immigration attorney in moving forward with your Naturalization process. An attorney can help you: Determine your eligibility to become a U.S. citizen. Gather all information and documents required to prove your eligibility.

How long does it take to be called for citizenship interview?

The citizenship interview usually takes place about 14 months, on average, after USCIS receives your naturalization application (sooner or later for some applicants). USCIS will send you a letter — only once — with the date and location of your interview, as well as a list of any documents that you must bring.

How long does certificate of citizenship take?

9 to 14 monthsAfter filing Form N-600, Application for Certificate of Citizenship, your N-600 processing time can take anywhere from 9 to 14 months. This is an approximation. It may be shorter for some and longer for others. In some cases, USCIS will make a request for additional information or even schedule an additional interview.

How many immigrants get denied citizenship each year?

Citizenship Denials and Delays. Even though the N-400 naturalization form is one of the least complicated aspects of immigration, a sizeable 10% of applicants find that they've been denied citizenship each year.

What are the reasons to be denied U.S. citizenship?

Citizenship Denial ReasonsHaving a Criminal Record. ... Failing to Provide Child Care and Support. ... Failing to Pay Taxes. ... Committing Fraud on Your Citizenship Application. ... Not Meeting Physical Presence Requirements. ... Failing Your English or Civics Test During the Interview Process. ... Forgetting Selective Service Registration.

What happens if you fail citizenship interview?

If you fail either of the tests during the interview, another interview will be scheduled within 60 to 90 days of the first interview and you can take the tests again. If you fail either test a second time, your request for naturalization will be denied.

How much does 2021 citizenship cost?

$725How Much Will It Cost To Become A U.S. Citizen? As of February 2021, the total application fee for naturalization is $725. This fee consists of the processing fee of $640 and the biometrics fee of $85. The USCIS does not refund these filing fees regardless of the outcome of the naturalization application.

How much is the fee to apply for U.S. citizenship?

$725The current naturalization fee for a U.S. citizenship application is $725. That total includes $640 for application processing and $85 for biometrics services, both of which are nonrefundable, regardless of whether the U.S. government approves or rejects an application.

What documents do I need for citizenship?

Documents to bring to your naturalization interviewProof of green card holder (permanent resident) status. ... State-issued identification. ... Travel Records. ... Proof of current marital status and termination of your prior marriages. ... Proof of termination of your spouse's previous marriages, if any.More items...

What can a lawyer do for a student?

A lawyer may provide legal advice about a person's ability to obtain a work visa in another country for a specified period of time. If a student is studying abroad, then he or she may want to consult with a immigration attorneys for the appropriate visa. An immigration attorney also helps people obtain citizenship through naturalization.

What is the best way to get citizenship?

Applying For Citizenship. An immigration lawyer can be very helpful when you are applying for citizenship from another country. The process of applying for citizenship can be very complex and time-consuming. A lawyer helps you gather the documentation you need to become a citizen.

Why do you need an immigration lawyer?

An immigration attorney also helps ensure that you are handling the process with as much efficiency as possible. He or she will try to avoid any delays in helping you obtain your citizenship.

Who will deal with USCIS?

Your lawyer will deal with USCIS as your representative.

What happens if USCIS needs something from you?

Throughout the whole process, if USCIS needs something from you or needs to tell you something, it will send your lawyer a copy of any notice it sends you. Your lawyer will deal with USCIS as your representative.

Why is it harder to find a lawyer?

It's going to be harder to find a lawyer who is willing to just review work you've done before you send your application . This is because even a simple review creates a lawyer-client relationship and all of the responsibilities that come with it for the lawyer. Most lawyers will want to have complete control over the work product ...

Is it worth hiring a lawyer for citizenship?

Whether it's worth it to hire a lawyer to help you with your citizenship application is mostly a question of how much you think you need the help, how much money the lawyer wants, and how much you're willing to spend . You might try calling several different immigration lawyers in your area to see how much they charge. Find out how experienced they are with citizenship applications when you call.

When you're ready to hire a lawyer, what should you do?

When you're ready to hire a lawyer, make sure the lawyer-client agreement says exactly what the lawyer is or isn't going to do for you.

Can a lawyer attend a citizenship interview?

The lawyer can also attend your citizenship interview with you — mostly to take notes about what happens during the interview in case you are denied, but also to speak up on your behalf if the USCIS officer needs clarification or asks you inappropriate questions.

Do immigration lawyers have influence?

In the American system, an immigration lawyer does not have any special influence over the government's decision. There is nothing outside the law that a lawyer can do that will make your application process go faster or make it more likely that you will get your citizenship. However, a lawyer will know everything that is legally possible ...

How Many U.S. Citizenship Applicants Hire Immigration Lawyers?

Not everyone can afford an immigration lawyer, and not everyone needs one. In fact, 46% of our readers went through the process without help. Slightly more (48%) hired a lawyer. Their citizenship applications may have involved complicating circumstances that call for expert immigration help. Or they may have felt unable to complete the complex paperwork and go through the interview on their own. Or maybe they just wanted the best shot possible at getting citizenship.

What is Martindale Nolo research?

References in this article to survey results come from Martindale-Nolo Research's 2017 immigration study, which analyzed survey responses from readers who had filed immigration applications and had researched hiring a lawyer. The names of any quoted readers have been changed to protect their privacy. References to attorney reports of fees and billing practices are based on a database of thousands of attorneys who claimed their profiles on Avvo.com and provided information about their practice.

What is a Martindale Hubbell rating?

Martindale-Hubbell® Peer Review Ratings™ are the gold standard in attorney ratings, and have been for more than a century. These ratings indicate attorneys who are widely respected by their peers for their ethical standards and legal expertise in a specific area of practice.

Why do immigration attorneys charge more?

So they may charge more if your case involves complications like a criminal record or a history of arrests or deportation proceedings.

How much does an immigration lawyer charge per hour?

In the rare cases when immigration lawyers charge by the hour, you could expect to pay somewhere between $150 and $500 per hour. Still, it might be more economical for you to pay by the hour in some circumstances, such as when you can complete and submit the forms and paperwork on your own, and you only need the attorney to give you legal advice and review the paperwork.

How many people who hired a lawyer have their citizenship granted?

More than 9 in 10 readers who hired a lawyer had their citizenship applications granted.

How much does a lawyer charge for citizenship?

More than nine in ten (91%) of our readers paid a flat fee to have their lawyers handle their citizenship applications. But the amount of those fees ranged widely. Nearly half (45%) of our readers paid between $1,000 and $2,000, while three in ten (30%) paid less than that. A quarter (25%) of readers paid more than $2,000.

What is Martindale Nolo?

Nolo is a part of the Martindale Nolo network, which has been matching clients with attorneys for 100+ years.

What can an immigration attorney do?

An immigration attorney can help the employer and worker decide which visa best suits the employer's needs and the worker's qualifications. Similar issues might come up in family-based or other types of visa situations.

What are some examples of public charges?

Possible examples include having committed a crime, previously lied to the U.S. government, or having any financial instability that might lead to you being considered a likely public charge. If you know that any of these grounds apply to you, it makes sense to get legal help before you begin the application process.

What happens if you are not in the immigration process?

If the proceedings are not yet finished or are on appeal, your entire immigration situation is in the power of the courts— and you will not get anywhere trying to use the same application procedures as people who are not in proceedings.

Is USCIS responsible for wrong advice?

The people who staff USCIS phone and information services are not experts. USCIS takes no responsibility if their advice is wrong— and won't treat your application with any more sympathy. Even following the advice of officials higher up in the agency may not be safe. Always get a second, preferably lawyer's opinion.

Do lawyers have to ask about delays in USCIS?

Delays at the USCIS Service Centers are also far too common. Lawyers do not have a lot of power in such circumstances. But at least the lawyer might have access to inside inquiry lines, where they (and only they) can ask about delayed or problematic cases.

Is ETA Form 9089 complex?

Additionally, the PERM application (ETA Form 9089) is complex. Employers find it difficult to understand how to complete the required Form 9089. (You can learn more about the PERM process at Employer Recruitment Responsibilities Under PERM .) There's no room for even the smallest mistake when completing Form 9089. Almost any error will result in a denial; even it it's a one-cent difference in the worker's salary.

3 attorney answers

In addition to the information contained in the previous two replies, note that sometimes an applicant may handle every detail about a naturalization petition correctly, but the USCIS makes consequential mistakes.

David Nabow Soloway

In addition, by hiring an attorney, you will have someone with you throughout the application process and at your interview that can answer your questions, make sure that your rights are protected, and ensure that the law is applied correctly in your case. Respectfully, Elizabeth

Elizabeth Rompf Bruen

Many people navigate the citizenship process successfully without an attorney. This is impossible to answer without knowing your sophistication and education level. There is more to the process than just reading and answering the form but of course this is important as well.

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