New York City Immigration Lawyer. NYC immigration lawyer assisting with K-1 fiancee visas, EB 1-A Extraordinary Abilities Visa, EB 1-2 Outstanding Researchers and Professors Visa, and all other visas, green cards, naturalization and citizenship. Gafner Law Firm is a full service NYC immigration law firm serving clients in Manhattan, Staten Island, Brookyln, the Bronx, Queens, Nassau County, Suffolk County, Westchester County, Yonkers, Astoria, Greenpoint, Murray Hill, Bushwick, Park Slope, Bay Ridge, Brighton Beach, Brownsville, Corona, Harlem, SoHo, Tribeca, Longwood, Hunts Point, Flatbush, Brooklyn Heights, Wall Street, Jersey City and from throughout the world. » Citizenship

Do I Qualify for Citizenship? The First Questions to Ask

Chris Gafner — Wed, 01 Jun 2011 11:30:49 +0000

Many people ask the firm to help them become American citizens. Many are eligible – but, many are not. Many factors go into determining eligibility for naturalization – eligibility cannot be determined in a five minute conversation.

These questions will help many determine whether they are eligible for naturalization. The questions are:

Are you a U.S. Armed Forces service member? If yes, consult a naturalization lawyer to make a final determination.

If not, are you a U.S. Permanent Resident (“green card holder”)? If not, then you are not eligible for naturalization.

If you are a U.S. Permanent Resident, the next question is: how long have you been a green card holder? If you are married to a U.S. citizen and have been a permanent resident for three years – consult a naturalization attorney for a final determination. If you are not married to a U.S. citizen, you need to be a permanent resident for five years before seeking naturalization. If you meet this requirement, make sure to have a citizenship and naturalization lawyer review your case before applying.

Does Bankruptcy Affect Immigration Status?

Chris Gafner — Tue, 19 Apr 2011 12:45:09 +0000

What happens when an immigrant files for bankruptcy? Can a foreign national file for bankruptcy? What consequences are there to immigrant bankruptcies?

The good news is that bankruptcy is generally available to noncitizens. Possible bankruptcy consequences follow:

Applying for Citizenship

Filing for bankruptcy will not automatically derail a citizenship application. However, any fraudulent activities that result in a bankruptcy (such as identity theft or tax evasion) may result in an applicant becoming removable from the United States.

Immigrants and Bankruptcy

An immigrant seeking to become a permanent resident (green card holder) must demonstrate “good moral character.” Bankruptcy will not automatically derail a permanent residency application, however filing the bankruptcy application will not have a positive impact on an immigrant’s status.

Conclusion

If you are an immigrant and are seeking to gain an immigration benefit, it is best to ensure that you continue to pay your required taxes. In addition, it is best to contact a NYC immigration attorney to ensure your eligibility.

Good Moral Character and the Naturalization Application

Chris Gafner — Mon, 28 Mar 2011 11:47:35 +0000

An individual applying for naturalization must have “Good Moral Character.” The immigration agency has wide discretion in determining whether someone has good moral character. However. there are some set principles that apply. If you are thinking about naturalizing, please contact a naturalization lawyer to ensure your eligibility. As the follow demonstrates, naturalizing can get confusing.

Time Frame:

Generally speaking, the immigration agency will look at a person’s good moral character during the last five years. This period is decreased to three years for individuals who are married to U.S. citizens.

However, the immigration agency has discretion to look at acts that have occurred outside of the three or five year time frame.

The need to maintain good moral character extends until someone has taken the oath of allegence to the United States. Thus, even acts that occur after a naturalization interview can be used to determine your good moral character.

Mandatory Bars to Naturalization During 3/5 Year Period

Certain actions result in a mandatory bar to naturalization if they occur during the three or five year period immediately before the application. These acts include:

Commission of a crime involving moral turpitude. Note, this does not require a conviction – just a commission.

Conviction of multiple crimes for which the applicant was sentenced to incarceration of five or more years.

Violation of a controlled substance law of any country
Giving false testimony to obtain an immigration benefit.
being a “habitual drunkard.”

There are a few exceptions to these mandatory bars, however they are a bit complicated and should be discussed with a naturalization attorney.

Discretionary Good Moral Character Issues

Certain actions during the 3 or 5 year period of review can lead to a denial of good moral character, but are left to the discretion of the immigration agency to determine. These acts include:

Failing to support dependents.
Failing to comply with child support orders

Committing adultery that is “tending to destroy an existing marriage.”

Failing to register for Selective Service

Acts Resulting in Permanent Bar To Naturalization

Some acts, no matter when committed, make an individual permanently barred from naturalization due to a lack of good moral character. These acts include murder, the commission of an aggregated felony (but see below), among others.

The commission of an aggravated felony is a permanent bar, unless the conviction was made before 1990. In that case, the individual is not statutorily barred.

Consult a Naturalization Attorney

No matter what your situation is, it is always best to consult a naturalization lawyer to ensure your eligibility to naturalize. No amount of web analysis will ensure that you are eligible to naturalize. Further, no amount of web analysis will ensure that you will not risk deportation if you apply for naturalization and are found ineligible and removable.

To contact a New York City naturalization lawyer, contact Gafner Law Firm.

Naturalization Ceremony In Iraq For 53 Service Members

Chris Gafner — Tue, 01 Mar 2011 09:25:54 +0000

On President’s Day, the USCIS held a ceremony in Iraq to naturalize 53 service members who are currently serving their country. The 53 service members are able to naturalize in Iraq due to changes in the law that allow service members to naturalize while serving overseas. Noncitizens who have serviced in the armed forces may qualify for special privileges and exceptions during the naturalization process – including, in some instances, a waiver of the $625 naturalization application fee. If you are applying for naturalization, please contact a naturalization lawyer to ensure your eligibility.

Naturalization Test Questions Change

Chris Gafner — Thu, 30 Dec 2010 12:41:23 +0000

Due to the recent election, the USCIS is reminding naturalization applicants that some of the American civic test question answers will be changing in the coming weeks. Naturalization applicants must pass the American civics test to qualify for citizenship. The changed questions include:

Who is one of your state’s U.S. Senators now? (New York naturalization applicants should know the two senators are Senator Schumer and Senator Gillibrand).

Name your U.S. Representative.

Who is the Governor of your state now? (New York naturalization applicants will need to answer Governor Cuomo after January 1st)

What is the name of the Speaker of the House of Representatives now? (John Boehner after January 15, 2011).

If you have any questions about the naturalization process, please contact a naturalization attorney to ensure your eligibility.

USCIS To Offer Naturalization Ceremonies At National Parks

Chris Gafner — Thu, 16 Sep 2010 12:14:37 +0000

The USCIS and the National Park Service have extended their agreement to hold many naturalization ceremonies at national parks throughout the United States. Around New York City, naturalization ceremonies will be held on Ellis Island. These ceremonies will not happen daily, but will instead be held on special days, such as Constitution Day, Independence Day, and Memorial Day. Most naturalization ceremonies will continue to be held at Courthouses and USCIS offices.

To learn more about naturalization and obtaining citizenship, please contact a NYC naturalization attorney.

New York City Naturalization Pitfalls

Chris Gafner — Sun, 04 Jul 2010 23:51:23 +0000

The New York Times recently ran an article about the naturalization process in New York City and the nation as a whole. Although the article had a positive tone, it is worth noting a statement made by an immigration attorney that appeared in the article. The article noted that over 90% of the individuals who applied for naturalization last year in New York City were approved. But what happens to those remaining 10%? As the immigration attorney noted, it is increasingly likely that an individual who is denied naturalization will find themselves in removal proceedings. This is because the reason for the naturalization denial may also be a reason for removal from the United States.

If you are thinking about applying for naturalization, please consult a naturalization attorney – even if you don’t think you have anything to worry about – it is better to be safe than sorry. Especially in this case. Imagine being one step away from being a U.S. citizen and then finding yourself being removed from the United States without an ability to return without much difficult and angst.

Over 10,000 Soldiers Became U.S. Citizens Last Year

Chris Gafner — Fri, 23 Oct 2009 12:39:01 +0000

Last year, 10,505 U.S. service members became U.S. Citizens. This is the largest number since the Vietnam War. Being a member of the Armed Forces offers numerous advantages to those seeking to become U.S. Citizens. These advantages include a waiver of the $675 application fee and accelerated eligibility for citizenship.

To learn more about becoming a citizen, please visit Gafner Law Firm’s citizenship website.

Immigrant Soldier with Temporary Visa Becomes U.S. Citizen

Chris Gafner — Thu, 23 Jul 2009 12:52:21 +0000

The USCIS recently announced that the first nonimmigrant soldier to participate in the Defense Department’s Military Accessions Vital to the National Interest (MAVNI) recruiting program has become a naturalized U.S. Citizen. As previously discussed on the Immigration Insight blog, MAVNI allows a foreign national who is in the United States on a temporary visas to enter an accerated track to U.S. Citizenship if the foreign national agrees to serve in the U.S. military. Although it is only open to those foreign nationals who have special, high-need skills or language expertise, MAVNI is an excellent win-win situation for the nation and for the soldier. In this case, the soldier is a medical doctor who joined the Army in April and become a naturalized citizen this month. The soldier will now serve in the U.S. military for a minimum of six years.

For more information, please contact Gafner Law Firm, or visit the military’s MAVNI website.

CBS News Reports on U.S. Citizens Forced to Live Abroad

Chris Gafner — Mon, 11 May 2009 10:31:00 +0000

Last week, CBS Evening News featured a report by Seth Doane about an all too common occurrence – the forced relocation of U.S. citizen children to foreign nations due to their parent’s deportation from the United States. This story brings a personal touch to the problem by focusing on one particular family from Texas, and is a reminder that life does not wait for immigration reform. But why read when you can watch:

Military to Recruit Non-Immigrants and Offer Citizenship

Chris Gafner — Tue, 17 Feb 2009 11:07:00 +0000

The New York Times is reporting that the United States Military will recruit non-immigrants into its ranks for the first time since the Vietnam War. Non-immigrants who volunteer to serve the country will have the opportunity to naturalize within six months of entering the miilitary.

Non-immigrants are foreign nationals who are legally in the United States on a temporary basis. The military is seeking to fill critical military positions, including medical care, language interpretation and field intelligence.

Currently, over 29,000 foreign born individuals serve in the U.S. Military.