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IMMIGRATION

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3 TIPS TO PREPARE FOR YOUR NATURALIZATION INTERVIEW

July 19, 2024. If you're on the path to becoming a U.S. citizen, you might be feeling excited and a bit nervous about your upcoming naturalization interview. That's totally normal! As an immigration lawyer who loves helping individuals and families navigate this important journey, I’m here to offer some advice to make sure you’re ready.

In addition to studying for the English and Civics tests, here are three topics you should be prepared to discuss in your naturalization interview.

1. Your previous marriages

(Especially if your previous spouse sponsored you for permanent residence.)

When USCIS reviews an N-400 Application for Naturalization, they must confirm that your green card was properly approved. 

If you are divorced from the person who petitioned for you, USCIS will likely ask questions to confirm that your marriage was genuine. They'll ask questions about your life with your former spouse. Be prepared to talk about where you lived together and if you shared bills, bank accounts, or property. 

2. Your arrest history

It’s important to be upfront about any arrests, no matter how long ago, and even if the charges were dismissed. USCIS must confirm that you are a person of good moral character. Typically, they review the last three to five years, but they can look further back and will ask about all arrests. Be ready to briefly explain any incidents and to provide court or police records showing the outcome (even if the charges were dismissed).

3. The most frequently asked question on the civics test (based on my experience):

“Who does a U.S. Senator represent?” 

The answer is “all people of the state.”

To make this easier to remember, think about why we have two chambers in Congress. The House of Representatives has 435 members, each representing a district within a state. Larger states, like California, have more Representatives (52) compared to smaller states like Vermont, which has only one (1).

 

To ensure every state, big or small, is equally represented in the Senate, each state gets two Senators, regardless of their population size. So, how many Senators does Vermont have? Two (2). And how many Senators does California have? Two (2)! Each Senator represents everyone in their State.

 

If you need more guidance or want to ensure you're fully prepared, I’m here to help. Call 860.512.8400 to schedule a consultation with Kara.

URGENT NOTICE: NEW DHS PROCESS TO CONSIDER PAROLE REQUESTS FOR NONCITIZEN SPOUSES OF U.S. CITIZENS
 
June 19, 2024The U.S. Department of Homeland Security (DHS) announced on June 18, 2024, that it will allow noncitizen spouses and children of U.S. citizens to apply for parole, which is temporary permission to be in the United States. A person who receives parole can apply for lawful permanent residence without leaving the country. 

 

Applications will be considered on a case-by-case basis, and applicants must meet the following criteria:

  • Have lived in the U.S. continuously for at least 10 years prior to June 17, 2024

  • Be present in the U.S. without admission or parole

  • Be legally married to a U.S. citizen as of June 17, 2024

  • Pose no threat to public safety or national security; no disqualifying criminal history

  • Be eligible to apply for adjustment of status

 

USCIS will publish specific forms and requirements later this summer. USCIS will reject all requests filed before the official application period begins.

 

The announcement was made with the stated desire to keep families together. As with any major government action, we fully expect to see challenges and changes as the process rolls out. To find out if you might qualify, please contact our office at 860.512.8400  to schedule a consultation. 

 

Affirmative Relief Announcement
 
Call 860.512.8400 to schedule a consultation with Kara.

PREPARING FOR YOUR GREEN CARD PROCESS: FREQUENTLY ASKED QUESTIONS ABOUT THE I-693 MEDICAL EXAM
 
June 19, 2024Preparing for the Green Card process involves many steps, and most applicants have a lot of questions and concerns along the way. Attorney Kara Hart and Dr. Vasanth Kainkarya, founder of 4 Elements Direct Primary Care, sat down to discuss the legal process and medical exam, answering some of the most common questions they get from their clients.

 

The questions and answers refer to immigrants who have the intention of becoming permanent residents of the United States; those seeking temporary residency do not have the same requirements.

Learn more


Call 860.512.8400 to schedule a consultation with Kara.

FILING FEES CAN COST UP TO 145% MORE NOW. HERE ARE TWO WAYS A LAWYER CAN HELP.
 
April 29, 2024USCIS changed its fees on April 1 and the sticker shock has yet to wear off. Some fees are slightly higher, but the costs of a typical green card process have more than doubled. This increase is especially burdensome when multiple family members apply for permanent residence at the same time. Here are two ways a lawyer can help.
 

First, by working with you to create a strategy tailored to your circumstances. USCIS requires certain forms, but other forms are optional. An attorney can help you decide what makes the most sense for you and your family.

 

Second, by preparing applications that are more likely to be approved. Immigration processes can be complicated. A typical set of green card applications can include 70 pages of forms, 105 of pages of instructions, and another 100 pages of supporting documents. It’s easy to make mistakes and expensive to fix them. USCIS does not refund filing fees when they deny an application. An attorney can help you prepare complete applications with the required and most helpful documents.

 

You work hard for your money. Get the most out of every dollar you invest in filing fees!
 
Call 860.512.8400 to schedule a consultation with Kara.

NATURALIZATION SUCCESS, PART ONE: FROM THE LAW OFFICE OF KARA HART
 
March 14, 2024In 2024, U.S. Citizenship and Immigration Services is giving high priority to N-400, Applications for Naturalization. This post is the first in a series with important tips that go beyond the basics. Success tip #1: Review your record before USCIS does. More...
URGENT! USCIS FEES WILL CHANGE ON APRIL 1, 2024
 
February 8, 2024What are the top three things to know?

1. Most filing fees will go up. For example, the combined filing fee for a green card, work permit, and travel document is currently $1,225. After April 1, USCIS will charge three separate filing fees for the same benefits, for a total of $2,330.

 

2. USCIS filing fees will vary. Under the new fee rule, it is more complicated
to figure out how much USCIS charges to process an application. The filing fees will
be different depending on whether the person is e-filing, the person’s age, and other factors.

 

3. USCIS must receive an application before April 1, 2024, to qualify for the current filing fees. Unlike the IRS, USCIS does not follow the “mailbox rule.” A postmark before April 1, 2024, is not enough. The application must arrive at the proper USCIS filing location before the new fee rule takes effect.

 

If you have questions about how this new rule affects you, call to schedule a consultation with Kara. For more information about this new fee rule, see this FAQ.

KARA HART'S NEW YEAR'S GREETING 2024

 

January 23, 2024. Read her post for Think Immigration blog, Three ways that immigration officials look at tax returns.

WHY IS MY CASE TAKING SO LONG?

October 9, 2023. The American Immigration Lawyers Association posted a flyer  https://www.aila.org/File/Related/19042400e.pdf explaining why processing delays continue at USCIS. Individuals waiting for decisions from USCIS can check current processing times at https://egov.uscis.gov/processing-times/.  Please consult with your attorney about what, if anything, can be done to pressure USCIS to make a decision in
your case.

AM I INVITED? USCIS POST LINK TO SEARCH INVITATIONS TO THE FAMILY REUNIFICATION PAROLE PROGRAM.

September 12, 2023. The Family Reunification Parole Process for Colombia, Cuba, El Salvador, Guatemala, Haiti, and Honduras is only open to petitioners who receive an invitation from USCIS. This is a link to confirm if USCIS has sent you an invitation to apply www.uscis.gov/frpinvitations. Please consult with your attorney for information about how this program may apply to your situation.

USCIS TO IMPLEMENT FAMILY REUNIFICATION PAROLE FOR EL SALVADOR, GUATEMALA, HONDURAS, AND COLOMBIA.

July 7, 2023. The U.S. government announced the implementation of the Family Reunification Parole Process for El Salvador, Guatemala, Honduras, and Colombia. The program will be available to beneficiaries of an approved I-130 petition who are waiting for an immigrant visa to become available. In order to participate, the petitioner must first receive a written invitation from the U.S. Department of State to file Form I-134A, Online Request to be a Supporter and Declaration of Financial Support. Individuals who receive parole may apply for a work permit and remain in the U.S. until eligible to apply for permanent residence. Please consult with your attorney for information about how this program may apply to your situation.

FAMILY REUNIFICATION PAROLE FOR EL SALVADOR, GUATEMALA, HONDURAS, AND COLOMBIA.

May 10, 2023. U.S. officials recently announced “sweeping new measures” to reduce unlawful migration across the Western Hemisphere. One of the new measures includes the creation of a parole program to reunite family members from El Salvador, Guatemala, Honduras, and Colombia. The government has not yet published the rules for this new parole program, but it appears individuals must be beneficiaries of a family-based petition to qualify. This is different from recent humanitarian programs for individuals from Ukraine, Cuba, Haiti, Nicaragua, and Venezuela that do NOT require a family-based immigration petition. Please consult with your attorney for up-to-date information about how this program may apply to your situation.

USCIS EXTENDS THE VALIDITY OF CERTAIN PERMITS FOR
540 DAYS.

March 27, 2023. In general, all workers in the U.S. must prove that they are legally authorized to work. One form of proof is a work permit called an “Employment Authorization Document (EAD).” A worker can typically renew an EAD before it expires. However, processing delays at United States Citizenship and Immigration Services (USCIS) have become so lengthy that an EAD may expire months before USCIS approves a routine renewal application.

 

These delays cause serious harm to workers who lose employment authorization and to employers who cannot verify an employee’s permission to work. To reduce this harm, USCIS has temporarily extended the validity of certain EAD’s for up to 540 days. In general, the automatic extension is available if:

  • The renewal application was filed before the EAD expired.

  • The renewal application is based on the same eligibility category as the existing EAD.

  • The eligibility category for the EAD also qualifies for an automatic extension. https://www.uscis.gov/eadautoextend 

 

The American Immigration Lawyers Association has published this flyer with more details. Please consult with an attorney for advice about your situation.

THE IMPORTANCE OF FILING PROPER TAX RETURNS FOR IMMIGRATION PURPOSES

Read Kara Hart's blog post on the American Immigration Lawyer's Association (AILA) Think Immigration blog.

February 7, 2023. The Importance of Filing Proper Tax Returns for Immigration Purposes

USCIS EXTENDS VALIDITY OF GREEN CARDS FOR CONDITIONAL RESIDENTS WITH PENDING I-751. IS THIS GOOD NEWS?

January 23, 2023. When USCIS approves a green card based on a marriage, but the couple has not yet been married for two years, USCIS grants a temporary or “conditional residence” to the immigrant spouse. The immigrant’s status and green card are only valid for two years. The couple must file another application, Form I-751, before the card expires to remove the conditions on the spouse’s residence. USCIS recently announced that they will extend the validity of conditional green card for four years when they receive an I-751 application. While this policy may save conditional residents the hassle of requesting ongoing proof of their status, it also signals that USCIS processing times are not likely to improve anytime soon. Is this good news? 

USCIS EXTENDS VALIDITY OF PERMANENT RESIDENT CARDS FOR NATURALIZATION APPLICANTS

December 14, 2022. Beginning December 12, 2022, USCIS will automatically extend the validity of a permanent resident card for 24 months when the permanent resident files an N-400, Application for Naturalization. This policy will reduce the need for many naturalization applicants to file I-90 applications to renew their green cards or to obtain an Alien Documentation Identification and Telecommunication [ADIT] stamp in their passport as proof of their permanent resident status. 

U.S. BORDER OPENS TO VACCINATED TRAVELERS

November 8, 2021. Effective November 8, 2021, adult travelers to the United States must provide proof of vaccination against COVID-19 before boarding a flight. This proclamation replaces previous restrictions that banned the entry of people from specific countries. This flyer provides more information about the vaccination requirements and any exceptions available. 

COVID 19 VACCINATION REQUIRED

September 15, 2021. Effective Oct. 1, 2021, applicants subject to the immigration medical examination must be fully vaccinated against COVID-19 before the civil surgeon can complete an immigration medical examination and sign Form I-693, Report of Medical Examination and Vaccination Record. Individuals may request an exemption based on health reasons, vaccine availability, or religious beliefs. Speak with you attorney about your situation. 

UPDATE ON DELAYS IN IMMIGRANT VISA PROCESSING

June 12, 2021. As U.S. Consulates and Embassies around the world reopen, approximately 500,000 people are waiting for appointments to complete the processing of Immigrant Visas. This flyer explains how the U.S. Consulates and Embassies are prioritizing cases. 

HOW HAS PRESIDENT BIDEN CHANGED IMMIGRATION?

January 27, 2021. President Biden issued several orders concerning DACA, travel bans, asylum, and possible legalization programs. Some orders take effect immediately. Other proposals require the approval of Congress and will take more time to implement. Please consult with your attorney for information about how these changes may apply to your situation. 

USCIS FEE INCREASES ON HOLD, TEMPORARILY

September 29, 2020. A federal judge in the Northern District of California issued an order that temporarily prohibits USCIS from implementing fee increases that were to go into effect on October 2. The judge found that the plaintiffs were likely to prove that the Acting Secretaries of Homeland Security and USCIS did not have the lawful authority to issue the rule to raise fees, and that the rule failed to meet data requirements under the Administrative Procedures Act. It is difficult to predict how long this order will remain in effect. Please consult with your attorney for up to date information about how these rules apply to your situation. 

APPELLATE COURT ALLOWS PUBLIC CHARGE RULE ACROSS THE UNITED STATES

September 12, 2020. The Second Circuit Court of Appeals lifted the order that temporarily prohibited USCIS from implementing the new public charge rule in CT, NY, and VT. This means that once again, USCIS can apply the new public charge rule nationwide. Please consult with your attorney for up to date information about how the rules apply to your situation. 

USCIS TO RAISE FILING FEES ON OCTOBER 2, 2020

August 18, 2020. USCIS recently announced significant increases in filing fees, effective on October 2, 2020. Among other changes, the filing fee for an N-400 Application for Naturalization will increase from $640 to $1,170. USCIS will also require separate fees for work permits and travel documents when filed with an I-485 Application to Adjust Status raising the total cost from $1,140 to $2,270. 

APPELLATE COURT STOPS NEW PUBLIC CHARGE RULE IN CONNECTICUT, NEW YORK, AND VERMONT

August 18, 2020. The Second Circuit Court of Appeals recently upheld two rulings that barred USCIS from implementing the new public charge rule in CT, NY, and VT. In one case the Court found that the public charge rule may exacerbate the COVID-19 health crisis by deterring individuals from seeking health care. In another case, the Court held that the new public charge rule is likely contrary to the laws passes by Congress and is arbitrary and capricious. 

DACA PROGRAM SURVIVES U.S. SUPREME COURT REVIEW

June 18, 2020. The U.S. Supreme Court ruled that the Trump Administration cannot end the DACA program as proposed. Deferred Action for Childhood Arrivals [DACA] provides temporary relief from deportation to certain individuals allowing them to live and work in the United States.

USCIS TO RESUME LIMITED IN-PERSON SERVICES ON 
JUNE 4, 2020

May 29, 2020. USCIS will begin to schedule certain in-person services beginning on June 4, 2020. Application support centers that conduct biometrics appointments will NOT open until a later date. USCIS has announced that it will take several precautions against the spread of COVID-19 as it reopens to the public.

USCIS EXTENDS  SUSPENSION OF IN-PERSON SERVICES THROUGH JUNE 4, 2020

April 24, 2020. USCIS extended the suspension of in-person services including biometrics appointments, interviews, and naturalization ceremonies until at least June 4. USCIS will reschedule appointments and continues work that does not involve contact with the public.

PRESIDENTIAL PROCLAMATION SUSPENDS ENTRY OF IMMIGRANTS FOR 60 DAYS

April 23, 2020. The proclamation went into effect at 11:59 pm (ET) on April 23, 2020 and may be extended. Certain individuals are exempt from the ban including: lawful permanent residents (green card holders); certain health care workers and their family members; spouses and children of U.S. citizens; and others. The ban does not currently apply to nonimmigrant visa holders or asylum seekers. For more information, see this fact sheet.

USCIS OFFICES TEMPORARILY CLOSED TO THE PUBLIC

April 3, 2020. USCIS suspended in-person services including biometrics appointments, interviews, and naturalization ceremonies until at least May 3. USCIS will reschedule appointments and continues work that does not involve contact with the public.

WHAT IF I HAD TO COMPLETE FORM I-944 FOR MYSELF?

Read Kara Hart's blog post on the American Immigration Lawyer's Association (AILA) Think Immigration blog.

February 27, 2020. Form I-944, Declaration of Self-Sufficiency? More Like an Administrative Strip Search.

THE NEW PUBLIC CHARGE RULE IS IN EFFECT

February 25, 2020. The new Public Charge Rule is in effect. Does the rule apply to you? What benefits are a problem under the new Public Charge rule? Learn more here.

NEW PUBLIC CHARGE RULE TO TAKE EFFECT
FEBRUARY 24, 2020

February 5, 2020. USCIS will require new forms and evidence for the heightened public charge requirements. Any application filed as of February 24 must meet the new standard.

SUPREME COURT ALLOWS ENFORCEMENT OF NEW GREEN CARD RULE

January 27, 2020.  Supreme Court lets immigration officials enforce new “Public Charge” rule which dramatically expands the definition of who is considered too poor to qualify for a green card. 

TRUMP ADMINISTRATION ROLLS OUT NEW RULE TO LIMIT 'BIRTH TOURISM' 

January 23, 2020.  New rule will deny tourist visas to any woman traveling to the US to give birth so that her baby can obtain US citizenship. Rule applies only at time of visa application.

USCIS Fee Increase Proposed Rule Could Represent the Latest Step in Reshaping Immigration to United States 

December 2019.  Immigration officials propose massive increases in filing fees for green cards, naturalization, and other applications.

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