Boston Immigration & Nationality Law

As an immigrant, why should I register with Selective Service?

Apart from the fact that all men, both U.S. Citizens and non-citizen men living in the United States, between the ages of 18 and 26 are required to register, NOT registering can cause a delay in your naturalization process!

In most cases, males register within 30 days of their 18th birthday... you can file online at the Selective Service website.

The problems I typically see arise when a foreign national between the ages of 18 and 26 gets his Green Card, and then doesn't register with Selective Service.  Some time later, he decides he wants to naturalize, and at that point, if he's over 26 years old (but younger than 31 years old) he'll find that he can be denied due to his failure to register... and he'll have wasted the application fee. Recently, I had to tell a 27-year-old Permanent Resident that we couldn't file an N-400 application for him at present, as he hadn't registered... and by now, it was too late to register.

So, if you are a man between the ages of 18 and 26 and you haven't yet done so -- Register!

(As always, there are some exceptions to this, so be sure to bring your specific situation to an immigration lawyer!)

Why you should apply for Citizenship as soon as you're eligible

I was in immigration court today for a detained Master Calendar hearing, and while I was waiting for my client's case to be called, watched as a polite, well-spoken young man was ordered deported (or "removed," in immigration court parlance). He had been convicted of a nonviolent drug crime. The surprising thing was that he had been a green card holder for 19 years! He was ordered to return to a country he could likely barely remember, and where he would have an uncertain future.

Realistically, laws can change.  You don't have to fall afoul of the drug laws to get in trouble with immigration... it can be a fight, or a domestic dispute, or something else that could be easily resolved... IF you were  a U.S. Citizen. U.S. Citizens can't be deported... so, think about naturalizing as soon as you're eligible!

Naturalization: applying for your United States Citizenship

For many people, United States citizenship is the ultimate goal of the immigration process.  The benefits of citizenship include the ability to vote, the ability to apply for permanent residence (or "green card") for family, and freedom from deportation or removal if there are any changes in the law, or if ignorance of US law causes someone to run afoul of the authorities; for example, the permanent residents from the Philippines who were charged with enslaving their maid. Although they claimed that the charges were the result of a misunderstanding of cultural norms for domestic employees, they are now facing possible deportation -- which, if they had been citizens, would not have been the case.

In most cases, a permanent resident can apply for U.S. citizenship after having had the green card for five years (although USCIS allows applications to be submitted three months before the five year mark) or, in the case of those who got their green cards through marriage to a US Citizen and are still married to the petitioning citizen, three years  (USCIS allows applications to be submitted three months before that time, as well). There are special rules for permanent resident members of the armed services, and in some cases, for spouses of members of the armed services.

To apply for citizenship, use the form N-400.

There are some preliminary concerns:

1. Are you at least 18 years old?
2. Have you lived in the district where you're filing for at least three months?
3. Have you paid your taxes (not on the NR forms) since obtaining your green card?
4. If you are a male and had your green card at any time between the ages of 18 and 26, did you register with Selective Service?
5. Can you read, write, speak and understand the English language?
6. Have you been in the U.S. for at least half of the last five years (or of the last three years, if applying based on marriage to a U.S. citizen)?
7. Have you ever been arrested?
8. Have you ever left the U.S. for more than six months at a time?

If you answered "no" to any of questions 1-6, or "yes " to any of questions 7-8, you should consult with an immigration attorney.  This is generally a good idea anyway, as immigration law is quite complex and subject to change. Besides these questions, there are many more questions on the N-400 which can be traps for the unwary.

Once you apply,  if your application packet is in order (with photographs, the current application fee, and a copy of your permanent resident card, plus whatever supporting documentation is needed), you'll first be called in for fingerprints, and then for your naturalization interview.  The time this takes can vary, depending on the backlog at your local District Office. In Boston, the wait times are fairly short... 4 to 8 months, in many cases.

USCIS should have done a criminal records check by the time of your interview. The interview will consist of a review of your papers by the District Adjudications Officer, a civics exam, and a test of your understanding of the English language. In some cases, depending on age or disability, it's possible to get a waiver of the English requirement (you can bring a translator to assist), or
to take a simplified version of the civics exam.  If you pass the exams, USCIS will schedule a swearing-in ceremony, though sometimes, you have to wait for the results of the background check.