Documents to Include with Your N-400

Applying for citizenship in the U.S. is an exciting step in anyone’s immigration journey. However, like all things having to do with immigration, it can also be quite stressful and confusing. Some common questions include: 

↠ What form(s) do I use?

↠ How do I answer the questions?

↠ What if I fill part of it out wrong?

↠ What documents do I include?

↠ What can I expect at the interview?

↠What happens if I don’t pass the civics and history test?

This article will focus on the “What documents do I include?” question. Specifically, this article will address what documents to include when you are applying for naturalization because you have been a lawful permanent resident who is married to and residing with a U.S. citizen spouse for at least three years. This article will assume the applicant has no arrests, citations or detention and has not been separated from the U.S. citizen spouse. Basically, it is assuming a completely “clean” and straightforward case.

Here are the documents we include with these applications: 

↠ A copy of the front and back of the applicant’s green card; 

↠ A copy of the applicant’s tax returns for the most recent three years. If an applicant 

   files as “married but filing separately,” we also include the spouse’s taxes;

↠ A copy of the applicant’s marriage certificate and, if applicable, proof that all prior 

   marriages for the applicant and the applicant’s spouse have been terminated;

↠ If applicable, we attach the birth certificates for the applicant’s children;

↠ Proof that the applicant has been residing with their U.S. citizen spouse for three 

   years. This can include joint leases or mortgages, joint insurance statements, joint bills 

   covering the three year period, etc.

↠ Evidence of the Applicant’s good moral character. In practice, if an applicant has no 

   arrests, citations, detention, etc., letters of recommendation are generally not 

   necessary. This changes if the applicant has negative information in their record. 

If you have any questions about eligibility for naturalization, what documents to include, etc., you should consult with an attorney.

TPS Extended for Certain Countries

USCIS issued a notice announcing the extension of Temporary Protected Status (TPS) for the following countries: (1) El Salvador; (2) Haiti; (3) Nicaragua; (4) Sudan; (5) Honduras; and (6) Nepal. If you are the beneficiary of TPS from one of these countries, that means that USCIS has automatically extended your employment authorization document (work card). USCIS has also extended I-94s for TPS beneficiaries from the above countries. 

For beneficiaries of TPS from the above-listed countries, USCIS has extended the validity of employment authorization through December 31, 2022 provided the authorizations were issued during a certain time frame. If you have questions about the validity of your TPS or work authorization, you should contact an attorney to review your documentation. 

COVID VACCINE REQUIREMENT FOR MEDICAL EXAMS

U.S. Citizenship and Immigration Services (USCIS) announced that, as of October 1, 2021, immigrants subject to the requirement of a medical examination must complete a COVID-19 vaccine series and provide documentation of vaccination. This applies to all medical exams signed on or after October 1, 2021. For exams completed on or after October 1, 2021, applicants must provide proof of vaccination in the form of a record or medical chart with notes from appropriate medical personnel. Self-reported vaccinations will not be accepted as proof of vaccination. 

There are blanket waivers to the vaccination requirement in the following circumstances: 

1. If an applicant is too young to receive the vaccine; 

2. If an applicant has a medical contraindication to the vaccine; 

3. If an applicant resides in an area where the applicant does not have access to an 

     approved vaccine or the supply is so low that it would cause an unreasonable delay in 

    the applicant’s application;

Applicants can apply for an individual waiver based on religious or moral objections. If an applicant seeks an individual waiver, the applicant needs to file a Form I-601. To obtain a waiver of the vaccination requirement, an applicant must establish the following: 

1. The applicant must be opposed to all vaccines in any form; 

2. The applicant’s objection must be based on religious or moral beliefs; and 

3. The applicant’s religious belief or moral conviction must be sincere. 

These waivers are also subject to an officer’s discretion, which means that prior to granting a waiver, in addition to considering the above-listed requirements, the officer will determine if the waiver should be granted as a matter of discretion.

Social Security Number No Longer Required to Obtain an Oregon Driver License

The Oregon Legislature recently passed House Bill 2015, which went into effect on January 1, 2021. This is the bill that allows Oregonians to obtain a valid license without showing proof of lawful status in the U.S. The biggest benefit of this bill is that now Oregonians will be able to obtain a license without presenting a social security number. 

If you do not have a social security number, you can now apply for a license by making an appointment with the DMV and presenting the following: 

1. Your application; 

2. Proof of your full, legal name and identity; 

3. Proof of your date of birth; 

4. Proof of Oregon residency; and 

5. A signed statement confirming that you have not been assigned a social security number. 

For a complete list of required documents, please visit the Oregon DMV’s website at www.oregon.gov/odot/dmv. Some applicants have reported that the DMV is requiring a statement from the Social Security Administration that they have not been assigned a social security number. This requirement does not appear in the requirements listed on the DMV’s website, which provide that, if an applicant does not have a social security number, they must sign a statement confirming that they have not been assigned a number. However, if you would like an official statement that you have not been assigned a social security number, you can contact the social security administration. We can also provide you with a letter outlining the requirements of HB 2015 that you can present to the DMV when you apply for a license.  

Keep in mind that if you obtain a license under HB 2015, this will not be a REAL ID Act compliant license. This means that beginning on October 1, 2021, you will not be able to use this license to enter a secure federal building or board a domestic flight. 

If you have any questions about obtaining an Oregon license, please contact us.

How Many Biometrics Appointments is USCIS Going to Schedule?

Our clients, as well firms all over the country, have been receiving multiple biometrics notices for the same application. For example, several of our clients have attended a biometrics appointment for an I-765, Application for Employment for Authorization, commonly referred to as a work permit, and, after attending the appointment, clients receive another notice instructing them to attend a second biometrics appointment. These notices offer no explanation as to why the second notice was issued. This is annoying and burdensome for clients, particularly for clients who do not reside close to the office where the biometrics are collected. 

When this happens, the first question that clients ask is, “Why did this happen?” There are many possible answers to that question. However, the most likely answer is that USCIS made a mistake and issued the second notice in error. There is also a possibility that there was a problem with the collection or readability of your fingerprints. In any case, we are advising clients to attend these appointments even though it is both annoying and burdensome for them. The main reason we advise clients to attend is to avoid a potential wrongful denial based on abandonment. It is easier to attend a technically unnecessary biometrics appointment than it is to get USCIS to rescind a wrongful denial. 

If you receive a biometrics notice and you are unable to attend, you need to let your attorney know immediately, so she can reschedule the appointment. If you do not have an attorney, follow the instructions for rescheduling on the biometrics notice to reschedule your appointment. 

Do You Qualify for an Emergency Appointment at the Consulate?

The U.S. consulates were, and some still are, closed due to the COVID-19 pandemic. Some consulates have resumed processing for certain types of visas and emergency or humanitarian appointments. Each consulate is doing things a little bit differently to maintain safety as they begin reopening, so this article is designed to give you general information not specific legal advice. 

Generally, to get an emergency appointment, you must show that your case fits into one of the following categories: 

1. Death of an immediate relative or grave illness or serious accident of an immediate relative who is located in the U.S.;

2. Urgent medical treatment for the applicant or their minor child; 

3. A student or exchange visitor seeking to enter the U.S. in F, J, or M status with a program start date that is before the first available visa date; 

4. An unexpected business trip that will occur within 10 days after the first available visa appointment; or

5. An unexpected visit that is of significant political, journalistic, cultural, sporting, or economic importance that will occur within 10 days after the first available visa date. 

For the category of death or grave illness, you must show that person who passed away or suffers from the illness is an immediate relative. For purposes of humanitarian appointments, that means parent, child, sibling, grandparent, or grandchild. For example, if you are seeking a humanitarian K-1 visa due to your fiancee’s parent being gravely ill, that would not qualify because the person who suffers from the illness is not your immediate relative. Also, if you are seeking an expedited appointment for business reasons, you have to show that the event you need to attend was unexpected, which means the consulate will not expedite your visa for foreseeable events for which you did not submit a timely application. 

Emergency or humanitarian appointments are difficult to obtain and the consulate will not grant you an emergency appointment for anything less than the above-written grounds. If you do get an emergency appointment, it is also important to make sure you are navigating the various travel bans that are currently in place correctly. If you are in a position where you live in a country that does not have a U.S. consulate, you need to be certain that the consulate you are using for processing is scheduling appointments for non-residents. For example, as today, the consulate in Turkey, which services many clients from Iran, is not scheduling appointments for applicants who are not residents of Turkey. 

COVID-19 has caused lengthy, frustrating, and painful separations among family members. Many applicants expected to be united or reunited with their loved ones by now. If you have questions about emergency appointments, please contact us for a consultation.