CUNY CITIZENSHIP NOW AILA NATZ PRESENTATION SEPTEMBER 8

CUNY CITIZENSHIP NOW! AILA NATZ PRESENTATION SEPTEMBER 8, 2015 RJC Portion of the Presentation

Current timeframes in New York • Filing the N-400 to interview: Can be as fast as 2. 5 to 3 months right now (*). • Interview to oath ceremony: 4 -8 weeks. This timing depends on whether a name change is involved and where they are to be scheduled. (*) This is historically very fast, although it seems like the local office is making a concerted effort to speed up the current naturalization timeframes due to the upcoming Presidential election. The previous election cycles of 2008 and 2012 were very busy in the Naturalization Unit at 26 Federal Plaza.

Interview Rescheduling • 26 Federal Plaza has a special email address dedicated to rescheduling interviews, specifically nycreschedules@uscis. dhs. gov. • Send email reschedule request preferably one to two weeks prior to interview date. This website is monitored by USCIS on a daily basis. • Include a copy of the appointment notice listing the name, A# and date, time and location of the interview, as well as a detailed explanation of the reason for the need to reschedule, with proof (i. e. a current illness or previously purchased plane tickets).

Interview Rescheduling (Contd. ) • 26 Federal Plaza should respond within 2 -3 business days to confirm their receipt of the request and whether or not it is being honored. • The actual interview will likely be rescheduled in about 45 -60 days from the initial date. • The same procedure can be followed for rescheduling an oath ceremony. • It is not recommended to make multiple reschedule requests on the same matter, if at all possible. If so the second request will need to be very well documented.

Components of a Naturalization Interview 1. 2. Administering the US Civics / History & English tests (50/20 or 55/15 exceptions) – Be sure to provide your client with the applicable list of US civics questions well in advance of the interview. Ensuring that the applicant qualifies for citizenship by reviewing the application in detail and verify all information is correct (i. e. DOB, COZ, address, employment, marital status, trip list, etc. ) – Name change? Judicial oath may be necessary. – Basis: typically either 5 years as an LPR or 3 years as an LPR while married to a USC without separation. NOTE: Filing for Naturalization can re-open the applicants entire immigration history. Review previous marriages, employment, arrests, etc. as it relates to the N-400.

Components of a Naturalization Interview (Contd. ) 3 years as an LPR while married to a USC: • If the application was filed after three years of permanent residence while married to a U. S. citizen, the applicant should bring documentation to evidence their joint life together for EACH of the 3 years preceding filing (without separation). • These interviews can actually be more detailed than a marriage based AOS Interview. • Applicable joint documentation to establish the relationship can include, but is not be limited to, children’s birth certificates, lease, deed, mortgage, loans, bank accounts, credit cards, utility bills, health insurance, life insurance, investment accounts, car ownership, car insurance, correspondence received at their home address, proof of travel together (plane tickets, itineraries, etc. ), family photographs, affidavits and any other documentation that would substantiate the relationship.

Components of a Naturalization Interview (Contd. ) ⁻ ⁻ ⁻ Verify trip list and additional trips. If FN has traveled since filing the N-400, an updated Trip List should be prepared evidencing all new travel. Selective service for men – proof required if applicable. Admissibility questions (Yes/No questions in N-400) • Arrests? (if yes, prepare a legal memo addressed to the local office establishing how the LPR still qualifies for Naturalization. Original court disposition(s) are required for submission. If helpful, the FN may also prepare an original affidavit detailing events and state of mind surrounding the arrest(s) if it seems sympathetic. Traffic citations should also be listed on the form with proof that fines were paid. • US taxes paid, etc. – FN should bring last 3/5 years Federal taxes to the interview • If divorced with children, proof of child support payments are required.

Components of a Naturalization Interview (Contd. ) ⁻ Document review • The USCIS Officer may review the applicants original longform birth, civil marriage certificate, divorce decrees, death certificates, passports (all since obtaining the LPR status and certainly those that cover the statutory period), greencard, local drivers license, etc. If the documents are not in English, an original translation is required. • Federal tax returns and W-2 forms (3/5 years) NOTE: once a Naturalization case is approved and the FN is sworn-in they will return their greencard to USCIS and must obtain a new US passport before travelling abroad.

Role of the Attorney at Interview • Initial Meeting: – Don’t be late; meet at least 15 minutes prior to the interview time. – Calm the Foreign National’s nerves (this process can be very nerve-racking to many). – Sign new Form G-28 if the attorney’s name isn’t listed in the application. – Go over the client’s case and documents. – Answer any remaining questions they may have and explain there could be a long wait.

Role of the Attorney at Interview (Contd. ) • Once in the interview be organized and take detailed notes. Be sure to get the name of the Officer conducting the interview. – Assist with facilitating the documents and interview if possible (Many officers appreciate it if you can facilitate their process, but do not take the lead, by being familiar with the file and providing requested docs) – Assist Officer by identifying documents being submitted; – Explain any potential issues with the case; – Inform Officer of applicable law/guidance, if necessary • Try to maintain a friendly demeanor – do NOT condescend.

Role of the Attorney - Post Interview – Maintain a copy of documentation provided by Immigration in the file. • Form N-14: Request for Additional Documents • Pre-Approval Letter – Explain Outcome • “Additional Review” / “Security Checks” • Pre-Approval Letter – Oath in 4 -8 weeks – Explain what they can expect next and provide estimated timeframes • Oath Ceremony / need to obtain a new US passport; • If case not closed out, conduct a Status Inquiry in 60 – 90 days; • USCIS has 120 days from interview to adjudicate a case by the NY Office’s goal is to close out cases much quicker than that.