Articles Posted in Application for Naturalization

Just recently, at the immigration panel sponsored by the Philippine American Bar Association and the Southwest19983783_10156399026806040_2359524460906285725_o-300x300ern Law School Asian Pacific American Law Student Association.

YOU:  Audience member listening with rapt attention to the four excellent speakers gathered for the event.

ME:  The speaker who had the unfortunate task of informing everyone that under President Trump’s new enforcement directives, just about every non-US-citizen inside the United States faces the risk of being deemed a “risk to public safety or national security” at the sole discretion of an immigration enforcement officer.

This week, the United States Supreme Court issued decisions in not one, but two (!!) immigration cases for the immigration lawyers at Fong & Aquino LLP claire-anderson-60670-300x200to chat about.

Earlier this year, I wrote about the Maslenjak case.  During oral arguments, the justices seemed extremely skeptical regarding the government’s position that ANY misrepresentation could lead to an individual being stripped of citizenship.  The justices — in a 9-0 smackdown — decided that the lie “must have somehow contributed to the obtaining of citizenship.”  The justices acknowledged that sometimes folks tell minor falsehoods out of “embarrassment, fear, or a desire for privacy.”  The Supreme Court left it to the lower courts to craft rules regarding the effects of lies in the naturalization process, but opined that adopting the government’s rule would give “prosecutors nearly limitless leverage — and afford newly naturalized Americans precious little security.”

In Lee v. United States, the Supreme Court overturned a conviction for an individual facing deportation.  Jae Lee, who immigrated to the United States as a teenager, was told by his criminal defense attorney that accepting a plea deal would not jeopardize his lawful permanent resident status.  Lee discovered that his attorney was “dead wrong” when the government immediately began removal proceedings.  This does not mean that Lee is in the clear: he will need to either negotiate a new plea deal, or go to trial.

The immigration lawyers at Fong & Aquino LLP have handled many applications for naturalization for our clients in the Los Angeles area as well as the Coachella Valley area.

I have always chuckled about Question # 22:  “Have you EVER committed, assisted in committing, or attempted to commit, a crime or offense for which you were not NOT arrested?”  Chewing gum in court?  Jaywalking in New York City?  As it turns out, this is not a trivial matter.

Just how far the government would be willing to go to take away someone’s citizenship if it later discovered that an individual had fibbed is a question that went all the way up to the United States Supreme Court.   During recent oral arguments in Maslenjak v. United States, this exchange occurred between the government’s lawyer and the Chief Justice:

Nobel PRize 2

The US political dialog is ugly and divisive this year.  It is also full of misinformation.  One  political party would want you to believe that immigrants are bad for our nation, that they make no contribution to our nation.  Whether they come to the US on a  B-visa, C-visa, extraordinary worker visa, or EWI, immigrants make our nation vibrant, diverse, and accomplished!

Don’t believe me?  Note that this year, six Americans won Nobel prizes for their work in the sciences.  All of these Nobel prize winners are American immigrants! 

Take that, Donald Trump!  –jcf

 

Immigrant Medical Exam

The medical exam for immigration is a bit outdated

Toward the end of a recent immigration interview, the officer told my client that his doctor had forgotten to fill out certain sections of the medical examination form. As a result, my client would have to go back to the doctor and have the form redone. I mentioned to the officer that the medical exam was rather pointless.

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MAVNI program expanded to include DACA

MAVNI program extended to individuals granted DACA immigration status

Living amongst us in the United States are hundreds of thousands of children who grew up as Americans but lack immigration status because of the way that they entered the United States. Many of these DREAMers have been given a chance to avoid deportation through the Deferred Action for Childhood Arrivals (or DACA) program. And now, the Department of Defense has announced that the MAVNI program has been expanded to those individuals.
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Naturalization of permanent residents

Cities for Citizenship launches in major metro cities

Los Angeles, New York City, and Chicago

Occasionally, USCIS will hold group naturalization ceremonies specifically for children. One such ceremony occurred recently at the Los Angeles Public Library. These are really cool events and they are much more exciting than sitting in the waiting room at the federal building for an immigration officer to call your name and bring you the completed certificate.
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Bringing Children to the United States | Scialabba v. Cuellar de Osorio

How Does the Supreme Court’s June 9th Decision Affect Your Child’s Immigration Processing?

Also, what do F2B, F3 and F4 categories mean for your child’s immigration status?

Last week, the U.S. Supreme Court issued a very important decision regarding the ability of children to immigrate to the United States based upon petitions filed for their parents. The decision is known as Scialabba v. Cuellar de Osorio.
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US Naturalization 101

US Naturalization 101

What you need to know to apply for naturalization in the United States

Regular readers of this blog may have noticed that I have been writing about naturalization quite a bit lately. First, the one about a looming deadline. More recently, the one about my client with a prior denial turned around, and then the one about a noticeable increase in new citizens hailing from Africa. But, what do you need to be eligible for apply for naturalization in the first place?!?
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African Immigration to the United StatesWhat is driving this growing trend in immigration?

The reasons are not so different than those of immigrants coming from other countries

This contribution to the blog post comes to you from Phoenix, Arizona.  I’m traveling to assist a client with her claim for asylum. Since I’m currently out of state and because naturalization seems to be a hot topic at my office these days, I wanted to share with you a story from the Boston Globe.
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