Removal of conditions interviews may be waived for some family-based immigrants.
On Thursday, April 7, 2022, U.S. Citizenship and Immigration Services (USCIS) announced that it will take a risk-based approach to waiving interviews for conditional permanent residents (CPRs) who file Form I-751, Petition to Remove Conditions on Residence.
USCIS will no longer require everyone who obtained their CPR status via processing at a U.S. consulate overseas to go to an interview after they file a Form I-751.
Instead, USCIS will assess if a CPR needs an I-751 interview based on the following:
There is sufficient evidence in the file that the marriage is real,
The CPR is eligible for a waiver of the joint-filing requirement (if applicable),
There is no indication of fraud or misrepresentation in the file,
There are no complex facts or issues that require an interview to resolve, and
The CPR does not have a criminal history that would make him/her removable from the U.S.
Questions about your removal of conditions interview?
If you need help with removing conditions on your permanent residence status. Or if you are looking for assistance preparing for your removal of conditions interview please request a free immigration consultation with immigration attorney Jessie M. Thomas today.
Naturalization is the process by which a lawful permanent resident applies for and is granted U.S. citizenship. U.S. citizenship is a legal status that offers many benefits and responsibilities, including the ability to vote in U.S. federal elections, serve on a jury, travel with a U.S. passport, and bring family members to the United States. Importantly, once obtained, U.S. citizenship cannot be abandoned or lost by spending extended periods of time outside of the United States (as is the case with permanent residence).
When you apply for citizenship, you are taking an oath to support the principles of the U.S. Constitution, to renounce allegiance to a foreign state, and to bear arms on behalf of the United States when required by law. In some cases, obtaining U.S. citizenship may mean losing the citizenship of your home country. This can make applying for U.S. citizenship a very personal decision.
For many people, the naturalization process is relatively simple and straightforward. However, if you have spent extended periods of time outside of the United States, have criminal convictions, or at first glance are unable to meet all naturalization requirements, you should speak to an attorney before making the important decision to apply for U.S. citizenship.
What are the Basic Requirements for Naturalization?
Naturalization applicants must:
Be at least 18 years old
Are able to demonstrate a physical presence in the United States for at least 30 months out of the last five years prior to filing (or 18 months out of the last three years if you are married to aU.S. citizen)
Be able to demonstrate continuous residence in the United States (meaning you have not been outside the United States for more than six months in a row, with some limited exceptions)
Have resided for at least three months in the state where you are filing the naturalization application
Be able to read, write, and speak basic English
Understand the fundamentals of U.S. history and government
Be willing to take the Oath of Allegiance
Meet the good moral character requirements
Note that there are exceptions to some of these requirements. If you are thinking about applying for naturalization but are concerned about one (or more) of the requirements, it is important to speak to an immigration attorney to determine whether an exception applies to you and/or whether naturalization is right for you.
What Is Good Moral Character?
Good moral character for naturalization purposes means that you have not performed any acts that offend the accepted moral character standards of the community in which you reside. While this definition is vague, the government has a list of crimes and conduct that would make you ineligible for naturalization based on the good moral character requirement.
For example, an applicant can be found to lack good moral character if they:
Have been convicted of murder
Have been convicted of certain aggravated felonies, which include crimes of violence, money laundering, alien smuggling, and document fraud, to name a few
Committed a crime involving moral turpitude
Violated a controlled substance law (whether in the United States or abroad) Are or were involved in prostitution
Earn their income principally from illegal gambling activities
Willfully failed or refused to support dependents
Are a habitual drunkard
In general, you must show that you have good moral character during the five-year period immediately preceding your application for naturalization and up to the time of the Oath of Allegiance. However, USCIS may also look at conduct prior to the five-year period in certain circumstances.
What Is the Naturalization Process Like?
When you complete and submit an application to USCIS, you provide them with biographic information. This includes your name, address history, travel history outside the United States, children, etc. After the application is filed with the appropriate government filing fee, you will receive a receipt notice. This notice contains a number that allows you to track your case online. Weeks to months later, you will receive a biometrics appointment notice. This notice will ask you to have your fingerprints and photo taken at your local USCIS office. Then, you wait to be scheduled for your naturalization interview. At the interview, an officer will test your knowledge of English and U.S. civics. You can find materials to help you study for the tests on the USCIS website.
If you pass the test and meet all other requirements for naturalization, you are scheduled for a naturalization ceremony. The ceremony is where you will take the Oath of Allegiance to the United States and officially become a U.S. citizen!
Questions About The Naturalization Process?
If you need help with your naturalization application. Or if you are concerned about one of the requirements please request a free immigration consultation with immigration attorney Jessie M. Thomas today.
Protecting your permanent residency is important. For many, the process of obtaining lawful permanent resident (“green card”) status can be a complex and challenging effort. Having a green card can provide certainty and peace of mind that you can live and work permanently in the United States. However, your permanent resident status can be revoked under certain scenarios. There are potential acts that could cause you to lose your green card.
Acts That Could Make You Removable (Deportable)
Certain Arrests and Convictions Committing certain crimes can have devastating consequences for permanent residents, including the loss of a green card and deportation. Drug offenses (including marijuana), domestic violence crimes, firearms offenses, and other crimes involving “moral turpitude” (a general term to describe acts that are morally reprehensible and intrinsically wrong) are a few examples of crimes that could make you deportable. It is critical that you speak with an attorney before admitting guilt to any crime. And you should seek the advice of an immigration attorney to understand how an arrest will affect your immigration status before the criminal case is completed.
Failing To Remove Conditions on Permanent Residency Certain noncitizens may receive a conditional green card that is valid for a period of two years. Failure to remove the conditions on a green card can result in the termination of conditional residency and possible deportation. Therefore, it is important to monitor the expiration date of the conditional green card. And you should follow the process for removing the conditions correctly.
Falsely Claiming To Be A U.S. Citizen Noncitizens, including permanent residents, who claim to be U.S. citizens, whether in writing or not, are subject to removal from the United States. A false claim to U.S. citizenship is a serious violation of law and can have extreme and devastating immigration consequences. Waivers of this ground of removability are rarely, if ever, granted.
Lengthy Absence From the United States
Abandonment of Permanent Residence Green card holders who remain outside of the United States for long periods of time risk a determination that they have abandoned their permanent resident status. In general, trips outside the United States for less than six months are permitted. A trip of six months to one year may trigger increased scrutiny at the border, and the permanent resident should have a reasonable explanation for the lengthy trip. Trips of one year or more will likely result in a determination that you have abandoned your permanent resident status unless you have obtained pre-approval for the extended absence through a document known as a re-entry permit.
Questions About Protecting Your Permanent Residency Status?
Looking for assistance removing conditions on your Green Card? Planning to be outside the United States for more than six months? For help with protecting your permanent residency status, request a free immigration consultation with immigration attorney Jessie M. Thomas.
Printable Flyer. Protecting Your Permanent Residency
