Massachusetts Immigration Lawyer Blog

Boston Deportation Defense Lawyer

The big news today is that my Boston immigration lawyer video is now up and live on Youtube and can be found here.  This video couldn't have happened without the help of lots of talented people. But I owe an especially deep debt of gratitude to my former immigration clients--Hakim, Nerlande, Ade, Paxton and Silvia and Nurahmed.  Your kind words humble me and remind me why I love being an immigration attorney.

Please let me know what you think of my video.  And if you want to gain U.S. citizenship, need help with an immigration waiver, representation in deportation hearings in Immigration Court or advice on your immigration options, call me at 617-722-0005.

Boston Citizenship Lawyer

Immigration laws permit green card holders to apply for naturalization to gain U.S. citizenship after 5 years for lawful permanent residency status. But if you are married to a U.S. citizen, you may be eligible to apply for naturalization under Section 316 of the Immigration and Nationality Act, after just 3 years.

But getting the Boston office of U.S. Citizenship and Immigration Services (USCIS) to approve your N-400 after only 3 years with a green card requires more than just a marriage certificate to a U.S. citizen. To gain approval of your application for citizenship, you must meet all of the following requirements:

1. your spouse must be a U.S. citizen for at least 3 years:
2. you must be "living in marital union" with your U.S. citizen spouse for 3 years; AND
3. you must have had your green card for at least 3 years.

Also, to be successful, you must meet all of the other requirements for naturalization including proving good moral character, residency, physical presence, and more.

Proving that you and your spouse have been living together continuously for 3 years involves financial documents such as leases, deeds, joint married tax returns, W-2s, jointly-held insurance, and joint bank accounts. Keep in mind that if you separate from your spouse--even temporarily--you may be disqualified from applying to become a U.S. citizen under the shortened 3 years of residency standard. And if you falsely claim to be living with your spouse, USCIS may deny your N-400 under the good moral character / false testimony grounds.

If you need an immigration attorney in Boston, are thinking about filing an N-400 or have questions about how to gain U.S. citizenship through naturalization, call me at 617-722-0005.

Boston Citizenship Lawyer

If you want to appeal the denial of your naturalization application, I might recommend that you not do this.  Let me explain why.

First some background:  if you apply for naturalization by filing Form N-400 and U.S. Citizenship and Immigration Services (USCIS) denied your application, you should receive a written denial letter explaining why your application was not approved.  Along with this denial letter, you should also receive Form N-336, allowing you to request a hearing on the denial of your naturalization application.  The N-336 effectively serves as an appeal since it allows you to seek an administrative review of the denial.

It is true that you have the right to challenge the denial of your application for naturalization.  But just because you have the right to file an appeal doesn't mean that it is prudent to do so. 

First, and most importantly, USCIS often makes the correct decision when it denies N-400s.  This can be frustrating for disappointed applicants to accept.  In some cases, for instance, USCIS will find, in its discretion, that you have failed to show the necessary good moral character.  Consider the following examples:

• If you intentionally provide false information in an effort to get your citizenship application approved, USCIS can bar you from showing good moral character on "false testimony" grounds.

• Certain criminal convictions, arrests or probation, especially if occurring during the 5- or 3-year period before applying for citizenship, can result in the denial of your N-400 on good moral character grounds.

If USCIS has denied your N-400 on the good moral character grounds, filing a new application for naturalization might have a much better chance of being approved then filing an appeal of the denial. 

Finally, another consideration is that, right now, a new application for naturalization, N-400, would likely be processed faster than an N-336.  In Boston, my immigration law office has seen applications for naturalization processed and approved in 4-5 months.  But, in my experience, USCIS Boston District Office often fails to schedule N-336 hearings within 180 days of filing, as the immigration regulations require.  And don't expect a final decision on the day of your N-336 hearing, particularly if your immigration case is complicated.

In the end, you should decide how to challenge the denial of an application for naturalization   based on the facts and the law, in consultation with good immigration lawyer.  

If you need legal advice how to appeal the denial of your N-400, application for naturalization, please call my Boston immigration office at 617-722-0005 and set up a consultation today.

Since I'm an immigration attorney, I'm often asked for my opinion on the immigration consequences of criminal convictions and activities. Yesterday, a criminal defense attorney in Boston asked me whether, in Massachusetts, a non-citizen youth who breaks the law and who is found delinquent by a juvenile court could end up being deported as a result of the juvenile delinquency finding.

The short answer is no. According to the Board of Immigration Appeals, a juvenile adjudication isn't considered a criminal conviction for immigration purposes. The logic behind this rule is that juvenile proceedings are not criminal. So a delinquency finding on a deportable offense will not cause a juvenile to be deported.

But beware: juvenile adjudications can trigger other adverse immigration consequences. They can be used to bar a finding of "good moral character", which is a requirement for naturalization and other forms of relief from deportation such as cancellation of removal. Also, as a discretionary matter, Immigration Judges can view juvenile activities as a negative factor when considering any application for relief from deportation.

And some immigration provisions don't require the existence of a conviction and can be based on an admission of guilt or merely a perceived "reason to believe" that the person has been involved in criminal activity. For instance, a person can be denied adjustment of status to permanent residency or entry into the United States based on an Immigration Judge's "reason to believe" that the person has been involved in drug trafficking or money laundering. The "reason to believe" could be based on non-criminal juvenile proceedings.

To summarize my advice, a youthful offender conviction or a juvenile delinquency finding is not considered a "conviction" for immigration purposes and, therefore, can't be the basis for deportation. But such adjudications should be avoided because they could affect a person's immigration status in other ways.

Two final points:

1. Massachusetts Youthful Offender Law: This statute permits children between the ages of 14 and 17 to be prosecuted as adults when charged with serious felony crimes. It is possible that at some point, immigration authorities could make a legal argument that youthful offender convictions should carry the same immigration consequences as adult convictions. But from my research, no federal cases, published Board of Immigration Appeals decisions or other legal authority support this position.

2. Juvenile dispositions must be disclosed:  Appearances in juvenile court, although not criminal, must be disclosed on immigration forms such as applications for adjustment of status to permanent residency (I-485), and applications for naturalization (N-400).

If you have further questions about the deportation, juvenile proceedings, or possible immigration consequences, feel free to call me at (617) 722-0005. Schedule an consultation with me in my Boston immigration offices. I'd be happy to help you.

Research your client's criminal history before submitting the N-400 application for naturalization by requesting an FBI rap sheet or Interstate Identification Index ("III") and a Massachusetts CORI.  The FBI III is based on fingerprints.  My office fingerprints immigration clients in-house using this kit.  The Massachusetts CORI is based on name and date of birth, which is why it is essential to list on the form every possible spelling of your client's name, as well as aliases. Keep in mind that these records are notoriously inaccurate.  The final step is to track down criminal dispositions for all court appearances.  Remember: your job as an immigration lawyer isn't done until you have closely reviewed court-certified final criminal dispositions showing all docket sheets for each court appearance.

Selective Service and Citizenship.  For male naturalization applicants, failure to register for Selective Service for permanent residents between the age of 19 and 26 bars a finding of good moral character during the requisite three or five year period but only if the applicant knowingly or willfully failed to register.  In my experience as an immigration lawyer, many clients mistakenly believe that they forgot to register for Selective Service when, in fact, they actually did.  If your client says that he never registered with Selective Service, you should double check to make sure he's right.  You can use the Selective Service Online Registration Verification available here. If your client's Selective Service information is not found, this does not necessarily mean that he failed to register. You should then call the agency at 888-655-1825 to see if his registration is in the system. And, finally, to prepare for the naturalization interview, you should request a status of information letter from Selective Service.

Fill out the N-400 with meticulous attention to detail to avoid "false testimony."  Even the smallest mistake on the N-400 form could be used as an excuse to deny your immigration client's N-400.  As a matter of good moral character, an applicant for citizenship can be denied if, during the requisite period of time, he or she knowingly provides false or misleading information to an immigration officer for the purposes of obtaining an immigration benefit.  Using this legal standard, USCIS could construe inaccurate information on the naturalization application as a deliberate lie and, therefore, a ground for denial. This comes into play particularly when disclosing adverse information such as criminal appearances.

Good Moral Character: how to determine whether your client has met the standard.  To obtain US citizenship through the naturalization process, you ordinarily must show good moral character for 5 years or for 3 years if your claim is based on marriage to a US citizen.  If your client has a criminal conviction, it may be necessary to wait to file the N-400 until the date the offense was committed is outside the 3- or 5-year period.