Monday, May 5, 2014

Tips on filing USCIS Application for Naturalization or USA Citizenship, Form N-400.

Tips for Filing Form N-400, Application for Naturalization (Rev. 9/13/13)

On February 4, 2014, USCIS published a revised Form N-400 (Rev. 9/13/13), Application for Naturalization. When you fill out your Form N-400, you must complete every section and answer every question as completely as you can. Also, please note that, as of May 5, 2014, we will only accept the Form N-400 that has a revision date of 9/13/13.  The revision date is printed on the lower left corner of the form.
To help you understand the naturalization process, we developed A Guide to Naturalization (M-476). This publication provides information on eligibility requirements and naturalization procedures. For more information on naturalization eligibility requirements, including USCIS policies, please check out our USCIS Policy Manual.
To ensure you submit a complete and correct N-400, please follow these filing tips.
General Instructions
  • Read the Form N-400 Instructions carefully.
  • Use the revised version of Form N-400 which is posted on our website at www.uscis.gov/n-400. If you can, fill out your Form N-400on a computer.  When you use a computer to complete this form, the data you type is stored in the barcode at the bottom of each page. This improves accuracy and efficiency of processing.
  • We will accept N-400 forms (Rev. 9/13/13) that do not have the barcode on the bottom.
  • Do not damage or write on the 2D barcode located at the bottom of each page.
  • If you can’t use a computer to fill out this form, that’s okay.  We still accept hand-written applications.  Use a black pen when you fill out the form by hand.
  • Do not highlight or cross out text on the form or write outside the blank spaces provided for your answers. Answer every question.  If a question does not apply to you, answer with “N/A.” If your answer to a question is “none,” answer with “none.”
  • If you cannot answer a question because you do not have the information or you don’t know the answer, include a written explanation on a separate piece of paper.
  • If you do not have an Alien Registration Number (A-Number), leave that space blank.
  • Enter dates in month/day/year format (like this MM/DD/YYYY). If you cannot provide an exact date, leave that space blank and provide a written explanation on a separate piece of paper.
  • If you need more space to answer a question, attach another sheet of paper. Make sure you include the following information on each additional sheet of paper you submit:
    • Your Alien Registration Number (A-Number);
    • Any applicable dates;
    • Application Part and Item number; and
    • Your signature. 
  • The application you submit must have an original signature.  We will not accept a photocopy or a scan of your signature. 
  • When you submit your application, you must include the correct fee ($680.00) or a fee waiver request.  If you do not pay the correct fee, we will reject your application.  Applicants 75 years of age or older do not pay a biometric fee so the total fee is $595.  Also, military applicants filing under Sections 328 and 329 of the INA do not have to pay any fee. 
  • For other important filing tips, and more information on fees and customer service, visit our Lockbox Filing Tips webpage.
  • Please note the following common technical tip:
Part 2. Information About You
  • Item 3: List all names that you have ever used. Do not list your current legal name, but do include nicknames, aliases, and maiden name.
Part 4. Information About Your Residence
  • If your address includes a space or a lot number, enter this information in the “Street Number and Name” field.
  • If you have been living at a shelter, you do not have to provide that address if it is confidential.  You can provide another address where you can receive mail or say the address is confidential, and provide only the city and state.
  • If you lived somewhere that did not have a formal postal address, list the address the best way you can.
  • If you do not know your ZIP code plus the extra 4 numbers, leave this space blank.
Part 5. Information About Your Parents
Part 7. Information About Your Employment
  • If you are or were unemployed, enter “Unemployed” in the “Your Occupation” field and enter dates of unemployment.  Enter “N/A” in all other fields.
Part 8. Time Outside of the United States
  • If you have travelled outside the United States for more than one year since becoming a permanent resident, refer to the USCIS Policy Manual and Guide to Naturalization to determine if you are eligible for naturalization before you submit Form N-400.
  • In Items 1-3, list your travel (trips lasting 24 hours or longer) outside of the United States during the last 5 years.
  • During your interview, we may ask for more information about your travel beyond the past 5 years. 
  • If you cannot provide your exact travel details, use estimates.
  • If you travel outside of the United States frequently, include a written statement explaining where you travel and how often.  Be sure to include the estimated number of days you were outside of the United States.
Part 9. Information About Your Marital History
  • Check “Separated” only if you are legally separated from your spouse.
Part 11. Additional Information
  • You must answer all questions on this form honestly and completely.  If you answer “Yes” to any of the questions in this section, you must include a written explanation on a separate sheet of paper and provide any evidence to support your answer. Answering “Yes” does not automatically affect your eligibility for naturalization.
  • Item 7: If you did not file a tax return since you became a lawful permanent resident, even if you were not required to file based on your income, check “Yes” and provide a written explanation.
  • Item 14. A-F: If you were the victim of one of these crimes, you can answer “No.”  Answer “Yes” if you ever committed one of the acts listed.  Also answer “Yes” if any action you took, even if under duress, contributed or enabled another person to carry out these acts against others.
  • Item 28.B: If you were detained in jail less than 24 hours, enter “1” in the “Days” field.  On a separate sheet of paper, provide a written explanation that includes the actual number of hours you were detained.
  • Item 30.I: If you have made any misrepresentation, such as lying or omitting information, to obtain a public benefit, regardless of whether you intended to misrepresent yourself, answer “Yes” and provide a written explanation on a separate sheet of paper.
  • Item 46.C.2:
    • If you answered “Yes” and:
      • You are more than 31 years old when you apply OR
      • You are over age 29 and applying based on marriage to a U.S. citizen
        • you do not need to submit a status information letter from the Selective Service or a written statement explaining why you did not register 
    • If you are:
      • between 26 and 31 years old when you apply OR
      • between ages 26-29 and applying based on marriage to a U.S. citizen AND
      • you did not register for Selective Service
        • you must provide a status information letter from the Selective Service
        • you can send it with your application, or you can bring it with you to your interview
 
Last Updated: 05/05/2014

If you require legal assistance with your application for US citizenship, you are welcome to contact our office to schedule a phone consultation via email Attorney@law-visa-usa.com .

Luba Smal, Attorney at Law
Smal Immigration Law Office.

Sunday, April 27, 2014

CIR Immigration Reform is not going to happen in 2014.

Immigration reform ain't happening between now and November 2014. Additional proof that the House won't take up immigration anytime soon came last week after President Obama openly criticized House Republicans for not allowing votes on immigration bills. After doing so, Obama phoned House Majority Leader Eric I. Cantor -- the man who actually controls the House schedule -- and made a direct plea. But Cantor said in a statement that the president had only called "after he issued a partisan statement which attacked me and my fellow House Republicans and which indicated no sincere desire to work together."
Cantor has previously signaled a willingness to work on elements of the immigration issue, but never spoken out as boldly as Boehner, who has said several times in recent months that he personally believes that Congress and the GOP need to act. In other words, it's not likely that we will have any progress on Comprehensive Immigration Reform bill in 2014. Congress failed to pass immigration reform in 2013, and it will be further delayed again. 


Sunday, April 6, 2014

Since 2007, Germany requires language test from all prospective immigrants, even those married to Germans.

Michael Guhle met the love of his life on the beach of a little fishing village in Vietnam. Thi An Nguyen was selling freshly cooked mussels and fruit to the German tourist and they immediately clicked. Soon the Berlin nursing home worker was saving up all of his money and vacation days to visit Nguyen.
Marriage was supposed to bring them together. Instead, it was the beginning of a long ordeal apart. Germany blocked Nguyen from entering the country after she flunked the language test that Germany requires aspiring immigrants to pass — even those married to Germans.
"I thought marrying the person you love and living together was a human right," Guhle said in his modest two-room apartment on the outskirts of Berlin. "Apparently this is not the case in Germany."
Germany adopted German language regulations for prospective immigrants in 2007. Most EU countries — including France, Italy, Spain and Sweden — do not require foreign spouses to pass mandatory language tests before they join their partners in Europe. Austria, Britain and the Netherlands are among countries that require language tests before foreign spouses can enter the country, but experts say Germany's test is the toughest.

Thursday, April 3, 2014

Interesting stats: B visa to USA or Tourist or Visitor visa denial rates in FY 2013 by country.

Interesting statistics from the U.S. Department of State: B Visa (visitor's or tourist's visa) denial rates in FY 2013 by country or nationality.

For example, a visitor's visa denial rate for citizens of Chile is only 1.6%, but it is 16.6% for citizens or nationals of Australia. Denial rate is 62.7% for citizens of Afghanistan, and 38.5% for citizens of Pakistan, 26.7% for citizens of Ukraine, but only 10.2% for citizens of Russia.

Here is a complete list of countries and the B visa denial rates arranged by country or nationality: 

Luba Smal.
Immigration Attorney.
Note: This information is provided for legal information purposes only and should not be considered a legal advice; it doesn't create an attorney-client relationship. In some jurisdictions it might be considered an attorney advertising. For more information or to schedule a consultation please visit http://www.law-visa-usa.com/contact_us.html or email at Attorney@law-visa-usa.com.