A Cincinnati Immigration Law Firm
Per order of the Chief United States District Judge for the Southern District of Ohio: “There shall be no naturalization proceedings in the southern district of Ohio for a period of 45 days of this order, or until further notice of this Court. The Court will vacate or amend this General Order no later than May 28, 2020.
For more information on Naturalization, please download our free ebook here.
As USCIS begins to shift caseloads between field offices they may schedule applicants to appear for an interview at a field office outside of their normal jurisdiction. Applicants may receive an interview appointment notice or other types of notices (such as a Request for Evidence) from a field office outside of their normal jurisdiction. However, these caseload changes will not affect where applicants attend their biometrics appointments. We will still direct them to the nearest application support center. Applicants should follow the instructions on any notices they receive from USCIS.
As we get the notices for interviews we will let you know when and where we will need to appear. Mr. Geygan will still appear at the interview.
On Oct. 1, USCIS began using digital tablets to administer the English reading and writing tests during naturalization interviews as part of the agency’s ongoing business modernization efforts. Although USCIS applicants already use digital tablets to sign or verify parts of their applications, this new approach expands tablet usage, allowing the device to be used for a greater portion of the application process. USCIS will be able to continue using the paper process on a case-by-case basis.
While the eligibility requirements and the subject material of the naturalization test have not changed, applicants are now using a stylus on a digital tablet instead of a paper application.
• For the reading test, a sentence will appear on the tablet and the ISO will ask the applicant to read it.
• For the writing test, several lines will appear on the tablet, replicating the appearance of a piece of blank paper. The ISO will read a sentence aloud and ask the applicant to write it on the tablet.
Applicants will continue to take the civics test verbally, without the tablet.
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Recently in a meeting with the USCIS Field Operations Directorate, USCIS clarified when naturalization applicants with pending N-400s are required to file a Form I-90 to renew an expiring permanent resident card (I-551), and explained when USCIS can issue an Alien Documentary Identification and Telecommunication (ADIT) stamp as temporary proof of permanent residence without proof of a pending I-90:
1. If your green card will expire within six months of filing for naturalization you must also file Form I-90 with the filing fee to renew your green card.
• In order to obtain an ADIT stamp, these individuals must provide the USCIS Field Office with a Form I-90 receipt notice.
2. If your green card has at least 6 months of validity remaining, you are not required to renew your green card by filing Form I-90.
• You may receive an ADIT stamp without presenting a Form I-90 receipt notice.
• If you wish to apply for naturalization and without incurring the added expense of renewing your green card, you should file for naturalization while your green card is still valid for at least 6 months. This will save your $540.
USCIS’s guidance appears to originate from 8 CFR §264.5(b)(2) which provides, “A permanent resident shall apply for a replacement Permanent Resident Card … when the existing card will be expiring within six months….” Moreover, both the September 29, 1999 INS memorandum, Form I-551 Renewal Policy and Procedure-Interim Process and the subsequent February 1, 2002 memorandum, Form I-551, Permanent Resident Card, Renewal Policy and Procedure-Final Phase; Process for I-90s, note that INA §264(e) makes it a misdemeanor offense subject to a fine of $100 and/or imprisonment for not more than thirty days for failing to carry a certificate of alien registration or alien registration receipt card at all times.
The 2002 memo further notes, in reliance on 8 CFR §245.5(b)(2), that “a Form I-90 renewal application may be filed up to six months prior to the expiration of the card, or on or after the expiration date.” Thus, an LPR who files an N-400 when the I-551 is still valid for 6 months or more, and who wishes to extend their I-551 in lieu of obtaining an ADIT stamp, should refrain from filing Form I-90 until the I-551 will expire in less than 6 months.
The take away from this is to file your naturalization application more than six months before your green card expires and to carry your green card.
(This page was updated to show the new filing fees)
Quite a few people are confused as to the differences in rights and responsibilities between U.S. citizens and Lawful Permanent Residents (LPRs). As a legal matter, LPRs, although allowed to stay and work in the United States permanently, are still ‘‘aliens’’ and subject to immigration law. Unlike United States citizens, below are some of the additional requirements on “Green Card” holders.
• The status of LPRs can be rescinded under section 246 of the INA (8 U.S.C. 1256) and LPRs can be removed from the United States under section 237 of the INA (8 U.S.C. 1227);
• LPRs are required to acquire and carry evidence of their status (Form I–551) and replace it when it is lost or expires under section 264 of the INA (8 U.S.C. 1304) and 8 CFR 264.5(b);
• LPRs must present specific documentation as a condition for admission and re-admission to the United States under section 211 of the INA (8 U.S.C. 1181) and 8 CFR 211.1(a);
• LPRs must notify DHS of each change of address and new address within ten days of the date of the change of address under section 265(a) of the INA (8 U.S.C. 1305(a)) and 8 CFR 265.1;
• LPRs may be deemed to have abandoned their status when outside of the United States for more than one year, unless they obtain a re-entry permit, in line with the documentary requirements at 8 CFR 211.1(a) and (b)(3); and
• LPRs must apply for naturalization to obtain citizenship, demonstrating good moral character and at least five years of continuous residence under section 316 of the INA (8 U.S.C. 1427), as well as an understanding of the English language and a knowledge and understanding of the fundamentals of the history and of the principles and form of government of the United States under section 312 of the INA (8 U.S.C. 1423).
If you are interested in becoming a U.S. citizen we have created a new page with a short video, please click here.
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