what can lawyer do for you at citizenship interview

by Jon Herzog 9 min read

Your lawyer will deal with USCIS as your representative. 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.

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Can a lawyer help me prepare for my citizenship interview?

One of the benefits of having a lawyer at your citizenship interview is that we know what to expect from the citizenship interview and can help you learn how to pass the immigration …

What does an attorney do at a USCIS interview?

There are typically two parts to the US citizenship interview. First, the immigration officer reviews the US citizenship application to determine whether or not the person applying for US …

Why do I need an immigration lawyer?

Sep 08, 2021 · For some people, they will hire a citizenship lawyer for the paperwork it takes to become a citizen but will forgo an attorney for the interview. Although you do end up saving a …

Do I need an immigration lawyer to naturalize?

Jun 27, 2021 · The lawyer can also help explain to USCIS what happened and why it might not matter. The time to hire the lawyer is before you apply. Get a Lawyer If You (or Your Spouse) …

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What does an attorney do at a naturalization interview?

An attorney at the USCIS interview would: Provide Clarifications, Explain Facts and Provide Legal Arguments. If there is a need to clarify a question (by the adjudicator) or an answer (by the applicant), it is the attorney's role to “jump in” and provide such clarification in order to keep the interview on track.Jun 28, 2019

Should I bring attorney to my citizenship interview?

Though the interview does not require your immigration and naturalization attorney to be present, there are benefits of having a lawyer at citizenship interview. The experienced attorneys at Scott D. Pollock & Associates P.C. are able to help you study, prepare, and protect you during your citizenship interview.

Can a lawyer speed up citizenship process?

While an immigration attorney cannot per say “speed up” your case, the immigration attorney is knowledgeable in immigration law and will know the best strategy and options for your case. Undeniably, this avoids any unreasonable delay by anyone lacking specialized knowledge in this area of law.

How much does a lawyer charge for US citizenship?

Here are some typical legal fees for common immigration services: Green Card Petition for Relative: $1,000 to $3,500. Adjustment of Status Application: $2,000 to $5,000. Citizenship/Naturalization Application: $500 to $2,500.Dec 29, 2020

Can USCIS check my bank account?

Yes USCIS may verify information about your bank account with bank.Jul 9, 2020

What do they ask in citizenship interview?

During your naturalization interview, a USCIS officer will ask you questions about your application and background. You will also take an English and civics test unless you qualify for an exemption or waiver. The English test has three components: reading, writing, and speaking.

How can I speed up my citizenship process?

You can generally request expedited processing by calling the USCIS Contact Center at 800-375-5283 (TTY 800-767-1833) or by asking Emma after you have obtained a receipt notice.Mar 21, 2022

How can I speed up my n400?

Making an Expedite Request to USCIS

To request expedited processing of your naturalization application, you can either go through the USCIS Contact Center (800-375-5283) or write a letter to your local USCIS field office.

Why does USCIS take so long?

As of November 2021, the average time across all Field Offices is around 19 months. This backlog is largely due to the USCIS office closures amid the COVID-19 pandemic.

How many years of tax returns are required for citizenship?

5 years
Your tax returns are very important proof that you are eligible for naturalization. On the day of your interview, bring certified tax returns for the last 5 years (3 years if you are married to a U.S. citizen).

What does an immigration lawyer do?

Immigration lawyers represent individual and business clients before the USCIS, the Board of Immigration Appeals, and in Immigration Courts and the federal circuit courts on issues dealing with immigration, emigration, visas, green cards, adjustment of status, political asylum, and other important immigration and ...

How much does an immigration pardon cost?

$930. You may pay the fee with a money order, personal check, or cashier's check. When filing at a USCIS lockbox facility, you may also pay by credit card using Form G-1450, Authorization for Credit Card Transactions.4 days ago

What to expect at a citizenship interview?

What to Expect at the Citizenship Interview. It is very likely that you are going to meet others who are there for the same purpose. You may have to wait for a few minutes before it gets to your turn for the interview. When it is time, you will be called in to meet an official who will conduct the interview.

What to do if your citizenship is denied?

For a denied application, you will be sent a written letter telling you why your application is denied. It must, however, be noted that the denial does not mean the end of the process as you can explore these other options provided by the law to settle citizenship denials and delays cases. The options include requesting a hearing with a new immigration officer, and a district court review request.

What is the process of naturalization?

Citizenship Interview. The naturalization process that leads to U.S. citizenship involves many steps which are form completion, biometric screening, naturalization interview, oath taking and certificate collection. Each of these steps must be approached with the best clarity of thought to avoid eventuality of delays or denials.

What does it mean to be granted citizenship?

Granted Citizenship Application. This means your interview is successful and you are qualified to take an oath of allegiance to the U.S. Sometimes, you may have the chance of taking the oath immediately after the successful interview.

How to prepare for an interview?

For proper preparation, you have to get yourself familiar with the likely scenarios to face at the center, documents to take along, and the kind of interview questions you are going to answer.

What documents are needed for an interview?

The documents you are to take along with you while going for the interview include: Your I-1551 permanent resident card, Your passport (even if it is expired) Your state identification card. Any re-entry permits you have. Your interview appointment notice.

How often do you get a notice from USCIS?

Before the interview, you must have received an appointment from the USCIS giving you the date and the venue for your interview. The notice is sent only once, for that reason, you must ensure you are checking your mailbox regularly to avoid missing out on the schedule.

What does USCIS look for in a person before granting citizenship?

Citizenship and Immigration Services (USCIS) looks at your current situation and a lot of things that happened in your past to see whether you meet the eligibility requirements. Some of those things can delay or even prevent you from getting U.S. citizenship unless you understand how to explain them to USCIS. ...

What happens if USCIS denies citizenship?

If USCIS denies your citizenship application, it will send you a notice telling you what the problems were. If you don't want to give up trying for citizenship, you definitely need to see an immigration lawyer at this point.

Why is USCIS so special?

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. If you're planning on taking advantage ...

Can USCIS deny my application?

A " yes" answer to any of them doesn't mean USCIS will definitely deny your application, but depending on your explanation, it could. You are going to need an immigration lawyer's help to know whether you should apply now, apply later, or never apply at all.

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.

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 ...

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 ...

Can an attorney testify for a client?

It is true that an attorney is not allowed to "testify" for the client. The attorneys role is to ensure that the questioning is relevant, fair, and to facilitate the interview by clarifying confusions between the client and the officer as well as to answer and clarify any and all legal related issues.

Can an attorney help my mother understand the interview questions?

No, an attorney will not be able to help her to understand the questions. What attorney can do is to make sure that the officer who conducts the interview evaluates it properly without any prejudice to your mother and if she answered sufficiently, the officer would take it as such.

What can a lawyer do in an interview?

Your lawyer or accredited representative can, for example, object to certain questions that would invade your privacy or are not relevant to the interview, and can defend you on points where the officer might be wrong on a legal basis.

What is the citizenship test?

The U.S. citizenship test is in the form of an interview with a USCIS (U.S. Citizenship and Immigration) officer. For this citizenship interview, there are a few different kind of people you might bring with you.

What happens if you don't follow the rules for an interpreter?

If your interpreter does not follow the rules, he/she will be asked to leave and USCIS will provide you with another interpreter and as a result your interview might have to be rescheduled.

How many chances do you have to pass the citizenship test?

U.S. Citizenship Test – Very important. You only have two chances to pass your test. If you fail any portion of the test in your second attempt your citizenship application will be denied. As a result, you must be well prepared for this test.

Can you have an interpreter at USCIS?

USCIS may accept your interpreter or provide you with a different one. If your interpreter does not follow the rules, he/she will be asked to leave and USCIS will provide you with another interpreter and as a result your interview might have to be rescheduled.

What does an attorney do in a USCIS interview?

An attorney at the USCIS interview would: Provide Clarifications, Explain Facts and Provide Legal Arguments. If there is a need to clarify a question (by the adjudicator) or an answer (by the applicant), it is the attorney’s role to “jump in” and provide such clarification in order to keep the interview on track.

What is the role of an attorney in a case?

Similarly, if the case has an outstanding factual or legal issue, it is the attorney’s role to draw the adjudicator’s attention to such facts or legal arguments and make them on behalf of the applicant. Example:

Why didn't I disclose prior citations on the I-485?

Our client did not disclose prior citations on the I-485 (or N-400) application because the applicant did not realize that traffic (or other) tickets are considered a “citation” (they are!). The failure to disclose citations on the I-485 (or N-400) can be a significant negative factor even if it was done inadvertently. During the interview our attorneys were able to clarify that there are, in fact, citations that should have been disclosed and we addressed the reasons why such citations were (inadvertently) not disclosed on the I-485 (or N-400). Similarly, our attorney was able to explain that the substance of such citations should not affect the outcome of the application. The adjudicator agreed and approved the I-485 application

What is the role of an adjudicator?

Rarely, an attorney’s role is to intervene in a more decisive manner if the adjudicator intends to take a negative action on a case. Sometimes an adjudicator comes into an interview with a predetermined view that a certain facts justify denial or finding of ineligibility. This can be based on incorrect facts or understanding of the law, ...

Is an interview required for I-751 removal of condition?

With a very few exceptions, an in-person interview with USCIS adjudicator is a required step in the review process for all employment and family I-485 adjustment of status and all N-400 naturalization applications. An interview is required for many I-751 removal of condition applications as well. An applicant has the right to be accompanied by an attorney to such interview and a very common related question our office receives is, “Should I Bring an Attorney with Me to the USCIS Interview?”

Does having an attorney at the USCIS interview affect the application?

In our experience, having an attorney at the USCIS interview does not impact the application or the interview negatively. We have heard applicants express concern that bringing an attorney with them to the interview makes the adjudicator think that there is something “wrong” with the application or that they have something to “hide.”.

Is it important to have an attorney for an I-485?

As discussed in this article, we believe that it is very important to have an attorney help an applicant prepare for and attend the USCIS interview, even where the interview may appear “straightforward” or “easy.” We have seen way too many cases where the applicant felt comfortable presenting their case only to be confronted with information which they could not address or rebut and which has lead to a denial. Appealing an incorrect denial is certainly possible but it is very expensive and time-consum ing (in some I-485 cases requiring stopping employment or even departing the US).

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