when should you use a lawyer for citizenship

by Maximo Rice 8 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 interview.

Even if you don't think you have a conviction, if you have ever been arrested by the police for any reason you should talk to an attorney before filing an N-400. You might think you don't have a criminal record because a conviction has been expunged or a charge dismissed.Apr 25, 2016

Full Answer

Do you need a lawyer to apply for citizenship?

Get a Lawyer If You Have a Criminal Record If you were arrested or convicted for something minor more than five years ago (or more than years ago if you're applying as the spouse of a U.S. citizen), you might not need a lawyer when applying for citizenship. Just make sure you tell USCIS what happened, even if your record was sealed or expunged.

Can an immigration lawyer help me prepare for the citizenship test?

There aren't many immigration lawyers who will help you with your English or your knowledge of U.S. history and government (civics), if you need that kind of test-preparation help. The best the lawyer can do is tell you where to find the resources to study and learn.

Why do I need an immigration lawyer?

You are going to need an immigration lawyer's help to know whether you should apply now, apply later, or never apply at all. The lawyer can also help explain to USCIS what happened and why it might not matter.

Is it possible to hire a lawyer for the application process?

It might be possible to hire a lawyer for the application part of the process and not to attend the interview with you, in order to get a lower price. 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.

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Should I hire an attorney for US citizenship?

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 ...

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.

Is it worth using an immigration lawyer?

Immigration services can be just as complex, and it is likely worth the expense to hire an immigration lawyer for immigration questions and processes to avoid unnecessary staffing and legal employment compliance hurdles.

Should I use a lawyer for n400?

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.

How long does a citizenship interview takes?

about 20 minutesA typical citizenship interview lasts about 20 minutes, but the exact timeframe varies by applicant.

How can I speed up my citizenship process?

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. Be ready to prove the reason you need expedited processing with documentation backing up your statements.

Can Congressman help with immigration?

The immigration process is long and requires patience. If you are waiting for a decision on your application and it has taken longer than the USCIS estimated processing time or if you have a strong reason to ask for expedited processing of your case, your U.S. congressional representative might be able to help.

How can I make immigration process faster?

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.

How much does a US immigration lawyer cost?

An immigration lawyer charges between $150 and $300 per hour, with a typical 30-min consultation fee of $75 to $150. Legal assistance when filing basic immigration forms costs $250 to $800, while green card assistance runs from $800 to $5,000, plus the USCIS fees of $460 to $700.

How much does it cost to become a US citizen?

$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's the difference between attorney and lawyer?

Attorney vs Lawyer: Comparing Definitions Lawyers are people who have gone to law school and often may have taken and passed the bar exam. Attorney has French origins, and stems from a word meaning to act on the behalf of others. The term attorney is an abbreviated form of the formal title 'attorney at law'.

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.

How long do you have to be a permanent resident?

a period of time as a permanent resident (usually five years, but some cases require less) physical presence in the United States for at least half of that time. You also have to pass a basic United States civics exam and prove you can write and read English.

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 is the 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.

Can you be denied naturalization if you cheat on your spouse?

If you have ever cheated on your spouse or failed to support your dependents, you might be ineligible. These aren’t necessarily crimes, so it’s common to forget that they do have an effect on your naturalization. But make no mistake: USCIS can deny your naturalization for them. II.

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.

Can a dual citizen serve in the military?

Military service in the other country by a dual U.S./other citizen is discouraged by the United States, but when it is mandatory for citizens of that country to serve in their military it is accepted.

Can the State Department take away dual citizenship?

Unless a dual citizen acts in the following manners the State Department is unlikely to act and take away his/her citizenship: He/she is serving in a "policy level position" in a foreign government. He/she has committed treason against the United States by for example, fighting the U.S. voluntarily during wartime.

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 ...

Do lawyers have control over work?

Most lawyers will want to have complete control over the work product if they are going to take on the lawyer-client responsibilities, and therefore a reduced fee for what you hoped would be a simple review is not going to be worth it to the lawyer. When you're ready to hire a lawyer, make sure the lawyer-client agreement says exactly what ...

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 immigration lawyer save you time?

An immigration lawyer can save you time. Not just the time it would take you to figure out how to apply, but also time you might waste if you make a mistake in applying or don't send the right type of document. At the least, U.S. Citizenship and Immigration Services (USCIS), the government agency in charge of naturalization, ...

Can a lawyer give you a ride to USCIS?

Don't expect your lawyer to give you a ride to the USCIS office, unless you've agreed to this arrangement. There aren't many immigration lawyers who will help you with your English or your knowledge of U.S. history and government (civics), if you need that kind of test-preparation help. The best the lawyer can do is tell you where to find ...

How early can I apply for naturalization?

Using form N-400, you can apply for naturalization 90 days earlier. You’ll have to fill out a lengthy form, including names of all organizations you’ve been affiliated with (outside the US) in the past five years, be background checked and fingerprinted.

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 I apply for a LPR if I am already married?

If not already a LPR, he or she can apply for an immigrant visa as the widow (er) of a US citizen, as above, and then apply for naturalization immediately on being admitted as a lawful permanent resident. Otherwise, there is no specific naturalization benefit to having been previously married to a deceased US citizen.

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).

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.

Do I need a lawyer to get a driver's license?

The process is about as standardized as applying for a driver’s license. People don’t usually use a lawyer to apply for a driver’s license either.

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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What Does The Law Say About Citizenship?

  • U.S. law provides that foreign military service will result in loss of U.S. citizenship if the following conditions apply: 1. A person serves as as either a commissioned or non-commissioned officer in the foreign military; or 2. The foreign military force in which the U.S. citizen serves is engaged in active hostilities against the United States; and 3. The service was voluntary and the person inte…
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What Does U.S. Policy Say About Citizenship?

  • U.S. policy is quite accommodating of a person’s activities in foreign countries. Generally speaking, unless a dual citizen acts in the following ways, the State Department is unlikely to act and take away their citizenship: 1. The person is serving in a “policy level position” in a foreign government and indicates their wish to give up their U.S. citizenship; 2. The person has committ…
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Should I Consult An Immigration Lawyer?

  • You should talk to an immigration lawyerabout your specific situation to make sure you are not endangering your U.S. citizenship. You should also check with the other country of which you are a citizen or want to become a citizen, because it might have policies about serving in its army while having another country’s citizenship. An immigration law...
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