New York Lawyer's Legal Updates

New Trends In Naturalization Proceedings: Good Moral Character

19 September 2019

Author: US Citizenship Attorney Alena Shautsova I read an article recently that a former political prisoner of Cuba, who advocated against Fidel Castro, was actually detained in Cuba, and later released on the request of the US government and was able to come to the US, was denied US citizenship. USCIS denied him naturalization petition, and the ...

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New Policy Changes For Citizenship English Requirements Waiver

21 December 2018

Author: US Citizenship Attorney Alena Shautsova One of the requirements for naturalization is for the person to be able to read, write and speak English. In some cases, however, the US government may waive this retirement if a person can establish that he/she has a certain disability that prevents him or her to learn English. In such a case, a p ...

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Automatic Citizenship For Children: Custody Issue

23 September 2018

Author: New York citizenship attorney Alena Shautsova When a parent naturalizes and has children under 18 years old on the date of the naturalization, typically, the Immigration officers will remind that parent that now he/she should file and obtain US passports for those children. Sometimes, however, the things do not work out the way we plan. ...

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3 Most Common Pitfalls During Citizenship Application

13 December 2017

Author: US Citizenship Lawyer Alena Shautsova For any immigrant to receive a US citizenship signifies a great achievement: everything he/she worked for, everything he/she hoped for in the US is presented by a sheet of paper called a Certificate of Naturalization. Usually, a person has to be in green card status for 3 or 5 years before he/she can s ...

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Certificate Of Citizenship V. Certificate Of Naturalization

07 June 2017

Author: U.S. Citizenship Attorney Alena Shautsova Certificate of Naturalization is a goal of many who is seeking to immigrate to the United States. It is a document that proves that one was granted a US citizenship, took an oath of allegiance, and now is a citizen of the United States. Unlike, however, in the case of US born citizens, a person w ...

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U.S. Citizenship Without English Language Knowledge

04 May 2017

Author: Citizenship Attorney Alena Shautsova One of the qualifications for naturalization or citizenship in the United States is applicant’s ability to write, read and understand English. There are waivers of the English test for those who reached a certain age (50, 55 or 60) and have resided in the United States as permanent residents for certain ...

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Citizenship Eligibility Through Your Spouse

02 September 2016

Author: Alena Shautsova A person who received a permanent resident status in the US based on marriage to a US citizen, may apply for naturalization or US citizenship if he/she has been 2 years and 9 months in permanent resident status (provided all other conditions are met). To compare, the “regular” route would take 5 years (4 years and 9 mont ...

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Denaturalization: How US Government Can Take Citizenship Back

18 May 2016

Author: US Citizenship Attorney Alena Shautsova The scariest nightmare for any former Immigrant: to be placed in proceedings where the US government is seeking to take back the granted citizenship. The good news here (yes, there is good news everywhere!): you would have rights and an opportunity to defend yourself in Court! Denaturalization must ...

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Citizenship And Arrest

16 May 2016

Author: Citizenship attorney Alena Shautsova Citizenship is, perhaps, the ultimate goal of any Immigrant. Generally, to qualify for citizenship through naturalization, a person has to hold a permanent resident status for 3 (if the permanent residency was based on marriage to a US citizen), or 5 years. An applicant should use form N400 and submit ...

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Failure To Register For Selective Service And Citizenship

06 October 2015

Author: Citizenship Attorney Alena Shautsova Usually, when one tries to research information regarding naturalization requirements, he finds discussions regarding good moral character, physical presence requirements, criminal bars to citizenship, time in permanent residence status issue. However, there are other, less "popular" but nevertheless i ...

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Expedited Citizenship

05 May 2015

Author: Citizenship Immigration Attorney Alena Shautsova There are different ways one may obtain a U.S. citizenship: through birth in the U.S. or its territories; acquire U.S. citizenship automatically through parents or obtain it through naturalization process. The naturalization process covers those who first receive permanent resident status o ...

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Legally Speaking: Good Moral Character Under Federal Immigration Law

14 April 2015

Author: New York Immigration attorney Alena Shautsova When applying for different forms of relief during deportation proceedings, sometimes one is required to show good moral character. This is a very vague term and many people get confused whether or not they possess a good moral character in the eyes of the adjudicator. This article will outline ...

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Citizenship Through Military Service for Beneficiaries of DACA

04 October 2014

Author: Citizenship Attorney Alena Shautsova The law allows permanent residents to receive citizenship after a person has been in “green card holder” status for 3 or 5 years depending on how the person acquired the residency: through marriage with the USC or some other way. Usually, a person has to become a permanent resident first, otherwise he/ ...

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Citizenship: Appeal Of Denial

04 July 2014

Author: Citizenship Attorney Alena Shautsova Recently I have had many people come to my office after they were denied citizenship and tried to appeal the decision themselves at an N-336 hearing. After the hearing, they were also denied. The big question I get after they tell me this story is "Is there anything I can do now?" Yes, after you have e ...

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What can I do if my Citizenship application was denied?

01 July 2014

Author: Citizenship Attorney Alena Shautsova Administrative Review of Citizenship Application Denial If you are denied Citizenship by a USCIS officer, you may ask for a hearing with a new immigration officer. This is called an N-336 Hearing. During this hearing you may be interviewed and given another civics and English test. Afterwards, the offi ...

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Did You Know: The US Government Is Offering An Expedited Path For Citizenship

02 January 2014

Author: Citizenship Lawyer Alena Shautsova For those who possess required language or critical skills and are willing to enlist with the US military. Those holding critical skills – physicians, nurses, and certain experts in language with associated cultural backgrounds – would be eligible. To determine its value in enhancing military readiness, ...

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How to become a US Citizen

02 November 2013

Author: Citizenship Attorney Alena Shautsova The first step towards the US citizenship, usually, is Permanent Residency. (See How to get a green card) After you become a permanent resident or more commonly known as "Green Card holder" the next step in the long sought out process of immigrating to the US is to become a citizen. There are several ...

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Challenges Involved With Immigrant Marriage Petitions

14 January 2013

Author: US Citizenship Lawyer Alena Shautsova Marriage petitions are often a faster route to citizenship, especially when compared with other paths immigrants can take. Unlike immigration options where quotas restrict aliens from obtaining visas and green cards, the United States has no limit on marriage petitions. Unfortunately, abuse of this le ...

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The Conflict In Middle East Affects The US Embassy Operation In Tel Aviv

21 November 2012

Author: New York Attorney Alena Shautsova The US Embassy in Tel Aviv operated in an emergency mode on November 16, 2012. The same warning was issued for November 19, 2012. The Embassy temporarily relocated its personnel to a safer area, and it hopes that its advance security measures will be sufficient to av ...

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Will the ARMS Act lay groundwork for the DREAM act?

Author: Law Office of Alena Shautsova In 2010 the House of Representatives passed a bill called the DREAM Act (Development, Relief, and Education for Alien Minors) which allowed minor children of undocumented immigrants to obtain conditional permanent residency if they had lived for five continuous years here, were of good moral character, and gra ...

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Who is a Child for Immigration Purposes

How One Can Bring Their Children to the US to Live With Them Author: lawyer Alena Shautsova Generally speaking, a "child" for Immigration purposes is an unmarried child under 21 years old. When the Immigration law refers to a "son" or "daughter", the law means a son or daughter who is married and/or over 21 years old. It is important to know this ...

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Marriage to a US Citizen

Author: US Citizenship lawyer Alena Shautsova Marriage to a U.S. citizen is one of the ways for a non-U.S. citizen to gain the right to live and work permanently in the U.S. Adjustment Of Status Video Quite often, however, a person who decides to marry a U.S. citizen has already been in the country "illegally" for a prolonged period of t ...

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