Geygan & Geygan, Ltd.

A Cincinnati Immigration Law Firm

  • Home
  • About Us
    • Directions
      • Geygan & Geygan, Ltd.
      • Cleveland Immigration Court
      • USCIS Cincinnati Field Office
    • Why I do what I do
  • Immigration
    • Family Immigration Home
      • K-1 Petition for Alien Fiancé(e)
      • Marriage Green Card
      • Removal of Conditions on Status (I-751)
    • Investment Immigration
      • E-2 Treaty Investor Visa
      • EB-5 Visas
    • Employment Immigration
      • Employment-Based Immigration: First Preference EB-1
      • Employment-Based Immigration: Second Preference EB-2
      • Employment Immigration H-1B
    • Naturalization 2021
    • Preventing Deportation
      • Immigration Court Video
      • Immigration Law Violations
      • Cancellation of Removal
      • I-212 Waivers
      • I-601 Waiver of Inadmissibility
    • Work Card or Employment Authorization Document
    • Nonimmigrant Options
      • H-1B Visas For Specialty Occupations, Like Yours
      • The B Visas: Business or Pleasure?
      • Types of Visas for Temporary Visitors
      • E-1/E-2 Eligibility Requirements
        • The E-1 Treaty Trader Visa
          • E-1 Treaty Traders Details
        • E-2 Treaty Investor Visa
    • I-601A Provisional Unlawful Presence Waiver
    • I-601 Waiver of Inadmissibility
    • Criminal Law and Immigration
    • Temporary Protected Status
    • USCIS Processing Times Calculator 2021
  • Legal Information
  • Archive & Site Map
  • Client Portal

Jurisdiction in Naturalization, why where you live is important.

April 27, 2021 by Thomas Geygan

For most people, an application for naturalization must be filed with the USCIS office or service district that has jurisdiction over their place of residence.  Normally this is a simple issue, I live in Cincinnati so I need to file where USCIS says to file for Ohio (today USCIS tells us to file at their location in Chicago, IL).  To file with the office that has jurisdiction over where you live, you must have lived there for at least three months before filing.  This is not very complicated for most people, but because of work or school, things are a little more complicated for some people.

Before we can discuss the exceptions, we need to understand what USCIS defines “Place of Residence” as.

The applicant’s “residence” refers to the applicant’s principal, actual dwelling place in fact, without regard to intent. The duration of an applicant’s residence in a particular location is measured from the moment the applicant first establishes residence in that location.

The following are exceptions to the normal “Place of Residence” definition:

1. Military Member

Special provisions exist for applicants who are serving or have served in the U.S. armed forces but who do not qualify for naturalization on the basis of the military service for one year.

  • The service member’s place of residence may be the state or service district where he or she is physically present for at least three months immediately prior to filing (or the examination if filed early);
  • The service member’s place of residence may be the location of the residence of his or her spouse or minor child, or both; or
  • The service member’s place of residence may be his or her home of record as declared to the U.S. armed forces at the time of enlistment and as currently reflected in the service member’s military personnel file. 

2. Spouse of Military Member (Residing Abroad)

The spouse of a U.S. armed forces member may be eligible to count the time he or she is residing (or has resided) abroad with the service member as continuous residence and physical presence in any state or district of the United States. Such a spouse may consider his or her place of residence abroad as a place of residence in any state or district in the United States.

3. Students

An applicant who is attending an educational institution in a state or service district other than the applicant’s home residence may apply for naturalization where that institution is located, or in the state of the applicant’s home residence if the applicant is financially dependent upon his or her parents at the time of filing and during the naturalization process.

4. Commuter

A commuter must have taken up permanent residence (principal dwelling place) in the United States for the required statutory period and must meet the residency requirements to be eligible for naturalization.

5. Residence in Multiple States

If an applicant claims residence in more than one state, the residence for purposes of naturalization will be determined by the location from which the applicant’s annual federal income tax returns have been and are being filed.

6. Residence During Absences of Less than One Year

An applicant’s residence during any absence abroad of less than one year will continue to be the state or service district where the applicant resided before departure. If the applicant returns to the same residence, he or she will have complied with the three-month jurisdictional residence requirement when at least three months have elapsed, including any part of the absence, from when the applicant first established that residence.

If the applicant establishes residence in a different state or service district from where he or she last resided, the applicant must reside three months at that new residence before applying in order to meet the three-month jurisdictional residence requirement.

7. Noncitizen Nationals of the United States

A noncitizen national may naturalize if he or she becomes a resident of any state and is otherwise qualified. [13] Noncitizen nationals will satisfy the continuous residence and physical presence requirements while residing in an outlying possession. Such applicants must reside for three months prior to filing in a state or service district to be eligible for naturalization.

I hope this information was helpful, if you have any additional questions about naturalization you are welcome to contact my office for an appointment to discuss your questions, or if you would rather you can download our free e-book on Naturalizations.

Filed Under: N-400

Naturalization ceremonies are suspended

November 25, 2020 by Thomas Geygan

Naturalization ceremonies, whether scheduled to occur in the courthouse or at off-site locations, are suspended until further order of this Court. The Court takes this step to comply with the November 15, 2020, Order of Ohio Interim Director of Public Health, Lance D. Himes, limiting gatherings of greater than ten people.

Filed Under: N-400

USCIS To Deny Cases That Do Not Have Enough Evidence When Filed

July 17, 2018 by Thomas Geygan

U.S. Citizenship and Immigration Services (USCIS) today posted a policy memorandum (PM) that provides guidance to USCIS adjudicators regarding their discretion to deny an application, petition, or request without first issuing a Request for Evidence (RFE) or Notice of Intent to Deny (NOID) when required initial evidence was not submitted or the evidence of record fails to establish eligibility.

This updated guidance is effective September 11, 2018 and applies to all applications, petitions, and requests, except for Deferred Action for Childhood Arrivals (DACA) adjudications, received after that date. Due to preliminary injunctions issued by courts in California and New York, this new PM does not change the RFE and NOID policies and practices that apply to the adjudication of DACA requests.

“For too long, our immigration system has been bogged down with frivolous or meritless claims that slow down processing for everyone, including legitimate petitioners. Through this long overdue policy change, USCIS is restoring full discretion to our immigration officers to deny incomplete and ineligible applications and petitions submitted for immigration benefits,” said USCIS Director L. Francis Cissna. “Doing so will discourage frivolous filings and skeletal applications used to game the system, ensure our resources are not wasted, and ultimately improve our agency’s ability to efficiently and fairly adjudicate requests for immigration benefits in full accordance with our laws.”

The 2013 PM addressed policies for the issuance of RFEs and NOIDs when the evidence submitted at the time of filing did not establish eligibility. In practice, the 2013 PM limited denials without RFEs or NOIDs to statutory denials by providing that RFEs should be issued unless there was “no possibility” of approval. This “no possibility” policy limited the application of an adjudicator’s discretion.

The policy implemented in this guidance restores to the adjudicator full discretion to deny applications, petitions, and requests without first issuing an RFE or a NOID, when appropriate. This policy is intended to discourage frivolous or substantially incomplete filings used as “placeholder” filings and encourage applicants, petitioners, and requestors to be diligent in collecting and submitting required evidence.

USCIS will continue issuing statutory denials when appropriate without first issuing an RFE or NOID when the applicant, petitioner, or requestor has no legal basis for the benefit/request sought, or submits a request for a benefit or relief under a program that has been terminated.
If all required initial evidence is not submitted with the benefit request, USCIS, in its discretion, may deny the benefit request for failure to establish eligibility based on lack of required initial evidence. Examples of filings that may be denied without sending an RFE or NOID include, but are not limited to:

Waiver applications submitted with little to no supporting evidence; or
Cases where the regulations, the statute, or form instructions require the submission of an official document or other form of evidence establishing eligibility at the time of filing and there is no such submission. For example, an Affidavit of Support (Form I-864), if required, was not submitted with an Application to Register Permanent Residence or Adjust Status (Form I-485).

Filed Under: AOS Family, AOS Marriage, I-751, K-1, N-400, Waiver

Judge Orders Denaturalization As a Result of Operation Janus

January 10, 2018 by Thomas Geygan

On January 5, a judge of the U.S. District Court for the District of New Jersey entered an order revoking the naturalized U.S. citizenship of Baljinder Singh aka Davinder Singh, and canceling his Certificate of Naturalization.

Singh’s denaturalization is the first arising out of a growing body of cases referred to the Department of Justice by United States Citizenship and Immigration Services (USCIS) as part of Operation Janus. The action against Singh was filed contemporaneously with two other Operation Janus cases.

A Department of Homeland Security initiative, Operation Janus, identified about 315,000 cases where some fingerprint data was missing from the centralized digital fingerprint repository. Among those cases, some may have sought to circumvent criminal record and other background checks in the naturalization process. These cases are the result of an ongoing collaboration between the two departments to investigate and seek denaturalization proceedings against those who obtained citizenship unlawfully.

USCIS dedicated a team to review these Operation Janus cases, and the agency has stated its intention to refer approximately an additional 1,600 for prosecution.

Baljinder Singh aka Davinder Singh, 43, a native of India, arrived at San Francisco International Airport on Sept. 25, 1991, without any travel documents or proof of identity. He claimed his name was Davinder Singh. He was placed in exclusion proceedings, but failed to appear for his immigration court hearing and was ordered excluded and deported on Jan. 7, 1992. Four weeks later, on Feb. 6, 1992, he filed an asylum application under the name Baljinder Singh. He claimed to be an Indian who entered the United States without inspection. Singh abandoned that application after he married a U.S. citizen, who filed a visa petition on his behalf. Singh naturalized under the name Baljinder Singh on July 28, 2006. Singh has been residing in Carteret, New Jersey.

Following the judge’s order, Singh’s immigration status reverted from naturalized citizen to lawful permanent resident, rendering him potentially subject to removal proceedings at the Department of Homeland Security’s discretion.

[contentblock id=5 img=gcb.png]

Filed Under: N-400

Receipt Notice(s) I-797

November 14, 2017 by Thomas Geygan

The Receipt Notice is the first document you receive after you apply or petition U.S. Citizenship and Immigration Services (“USCIS”). Receipt Notices contain information that will help you track the progress of your case. Whenever you hire an attorney to help you with your immigration applications, always bring all USCIS notices with you so he or she can help you better. Receipt Notices are printed on Form I-797, Notice of Action. USCIS prints processing notices on these Notices of Action. These notices include receipt notices, transfer notices, and approval notices. Each looks slightly different.

Notice Type: This tells you what kind of notice this is-receipt notice, transfer notice, approval notice, etc.

Case Type: This states what form this is notice is for. The sample notice is from an I-130, Petition for Alien Relative. This is a “family-based immigrant visa petition” that a U.S. citizen or legal permanent relative would file asking USCIS to allow his or her family member (here child) to come to the United States permanently.

Receipt Number: The receipt number is very important. With that number you or your attorney can check the status of your case on the USCIS website or by calling the National Customer Service Center at 1-800-375-5283. Receipt numbers start with a three-letter code followed by numbers.

The first three letters refer to the USCIS service center processing your application:

  • EAC – Vermont Service Center (formerly the Eastern Action Center);
  • WAC – California Service Center (formerly the Western Action Center);
  • LIN – Nebraska Service Center (refers to the center’s location in Lincoln, Nebraska);
  • SRC – Texas Service Center (formerly the Southern Regional Center); and
  • MSC – National Benefit Center (formerly the Missouri Service Center).
  • YSC – Potomac Service Center

The two numbers that follow the three-letter code refer to the fiscal year the application was received. The next three numbers refer to the computer day it was received. The remaining five numbers are randomly generated for your unique application.

Example: MSC-17-026-12345 – This application was filed in 2013 with the National Benefit Center on the 26th computer day.

You can check on what receipt date the service center is working on for your type of case by clicking here.  You must know the application form number and the service center.

Priority Date: This is a very important date for many applications. If you are a U.S. citizen filing for a spouse, parent, or minor child (under 21), then this date rarely matters for you (only if your child is about to turn 21 would this be important). If you are one of the following, then this date is very important:

  • U.S. citizen filing for a child over 21;
  • U.S. citizen filing or a sibling;
  • Permanent Resident filing for a child or spouse.

The Priority Date refers to your loved one’s spot “in the line.” There are a limited number of visas available each year for each “category” of immigrant. Every month the U.S. government issues a bulletin stating where in the “line” it is processing. To read this, find the preference category on the front of the notice (this will be listed under “Preference Classification” next to the priority date. Then look for your country on the chart to see what the “current” date is that they are issuing visas for. When the date on the chart is later than your Priority Date, you can then apply for the visa so your loved one can come here.

Filed Under: AOS Employment, AOS Family, AOS Marriage, E-2, H-1B, I-751, K-1, N-400

Next Page »

Client Resources

May 15, 2017

 

More Posts from this Category

Featured Posts

Biden administration considers migrant restrictions similar to Trump policies.

Asylum rates drop as immigration cases are fast-tracked.

Contact Us

Geygan & Geygan, Ltd.

8050 Hosbrook Road, Suite 107
Cincinnati, Ohio 45236
Tel 513-791-1673
Fax 513-791-1683
info@geygan.com

Disclaimer and Privacy Policy

Lawyer Thomas Geygan | Featured Attorney Immigration

Copyright © 2023 · Enterprise Pro Theme on Genesis Framework · WordPress · Log in