should you get a lawyer when applying for citizenship?

by Prof. Rowland Fay 9 min read

Permanent residents who wish to apply for US citizenship do not always need to hire an attorney. If you have a clean history you may prefer to handle your case on your own, or just have a lawyer review your application for any red flags before filing.

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.Sep 16, 2021

Full Answer

Do I need an immigration lawyer to get citizenship?

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. So if there's some potential problem with your eligibility for citizenship, a lawyer is going to be able to spot it before you get started.

Can I apply for citizenship if I have been arrested?

If you were arrested, charged, or convicted of any type of crime recently, a lawyer might tell you to wait a while before applying for citizenship, or be able to convince USCIS that what happened doesn't affect your "good moral character."

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.

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.

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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.

What disqualifies you from getting citizenship?

USCIS's definition of aggravated felony includes many crimes that you would expect; such as rape, sexual abuse of a minor, drug trafficking, firearm trafficking, racketeering, running a prostitution business, child pornography, and fraud of $10,000 or more.

Is it hard to fill out citizenship application?

With 20 pages of questions (and another 18 pages of instructions), filling out the application for U.S. citizenship can be intimidating for many applicants. Officially known as Form N-400, Application for Naturalization, the majority of applicants can prepare the application without extensive help from an attorney.

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.

Why does U.S. citizenship take so long?

Why Does Getting U.S. Citizenship Take So Long? The United States Citizenship and Immigration Services (USCIS) receives many applications each year and takes time to review each one carefully. Because of the high scrutiny they have for each application, it can take many months before they finally get to yours.

What can affect my citizenship application?

Good Moral CharacterAny crime against a person with intent to harm.Any crime against property of the Government that involves fraud or an evil intent.Two or more crimes for which the aggregate sentence was five years or more.Violating any controlled substance law.Habitual drunkenness.Illegal gambling.Prostitution.More items...•

How much does it cost for citizenship 2021?

$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 long does it take to get citizenship after applying 2020?

On average, it takes anywhere from 18 months to 24 months to complete the naturalization process and become a U.S. citizen. The naturalization process has 5 general steps; beginning with filing Form N-400 and ending with taking the Oath of Allegiance.

What is the 4 year 1 day rule for U.S. citizenship?

The 4-year 1 day rule is simple. If you break continuous residence (travel outside the US), a new period starts to run when you return. From the day of return, you must stay in America for at least 4-years and a day before you are eligible to reapply for naturalization.

How many questions are on the citizenship test 2021?

The civics test is an oral test and the USCIS officer will ask you to answer 20 out of the 128 civics test questions.

How much does it cost to become a citizen 2020?

$725There are many ways to become a U.S. Citizen, but Citizenship by Naturalization is the most common way to apply for U.S. citizenship. The Naturalization application costs $725 in 2020. Two separate fees make up this larger fee: a $640 filing fee for the required Form N-400, and $85 for the biometrics appointment.

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 ...

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.

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.

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.

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 ...

Can a lawyer tell you how to answer citizenship questions?

However, a lawyer will know everything that is legally possible to make your application process go as quickly and successfully as it can. Your lawyer cannot tell you how to answer any questions on the application form, although he or she can explain the questions to you so you can understand how to answer. At your citizenship interview, your ...

How long do you have to live in the US to get a green card?

Once you have your green card, you must live continuously in the US. If you live with US citizen spouse, you will become eligible after three years for citizenship. Otherwise the duration is five years. Using form N-400, you can apply for naturalization 90 days earlier.

Can a widow apply for permanent residence?

The widow (er) of a US citizen may, in certain situations, apply for permanent residence based on his or her relationship to a now-deceased US citizen. The widow (er) files the petition in the stead of the deceased citizen, one of the very few situations where a person can self-petition for an immigrant visa.

Can a widow be a US citizen?

The widow (er) of a US citizen who died while in honorable active service in the United States Armed Force, is entitled to immediate naturalization as a US citizen, provided that he or she is already a lawful permanent resident. Certain additional conditions apply; see INA 319 (d).

What can't an attorney do?

What an attorney can’t do: help you break the law or get around eligibility issues. If you’re not eligible, an attorney isn’t going to be able to pull any strings to get around the issue. The government also doesn’t process attorney cases any faster, so hiring an attorney won’t usually get you a faster interview.

What does an attorney do in an interview?

For the most part your attorney is there to help you spot issues, counsel you on whether and when to file, and prepare you for what to expect at the interview.

How long is the USCIS naturalization form?

But the process has gotten harder over time. When I began to practice Immigration law the naturalization form was 10 pages long. Now it’s 22 pages long. And some of the documents USCIS ends up asking for (like official tax transcripts and old conviction records) can be a chore to hunt down.

What are the factors that must be considered when filing a criminal complaint?

A number of factors must be considered, including: prior arrests. prior convictions (misdemeanor or felonies) either in the U.S. or in another country, even if they have been “expunged.”. problems in your marriage, cheating, etc.

How long does it take to become a permanent resident?

a period of time as a permanent resident (usually five years, but some cases require less)

Can USCIS deny naturalization?

But make no mistake: USCIS can deny your naturalization for them. II. Consider if Your Case is Complicated or Risky. If you are sure you are eligible, then you might be able to file your naturalization application on your own.

Can a criminal conviction trigger deportation?

I met with a man recently who had all the technical requirements to naturalize but also had an old criminal conviction that could in theory trigger deportation proceedings. It isn’t a guarantee that the government would try to deport him if it found out about his conviction.

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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