Large Naturalization Backlog Continues

During fiscal year 2007, the USCIS received 1.4 million applications for naturalization, twice the number that they received the year before. And in July of 2007, the agency dramatically raised the filing fees “in order to improve service”. Well, the large, long backlog continues, with immigration experts predicting that it will take the USCIS up to three years to clear it! Those of you who have been waiting more than eight months may do well to contact your congressional offices and let them know that you planned to vote in this election and are being effectively “disenfranchised” by not being scheduled for your naturalization interviews.

IMMIGRATION TIP

When a person applies for a U.S. visa, changes status in the U.S., applies for a Green Card, applies for naturalization, or reenters the United States after overseas travel; he or she has to answer about any prior arrests and criminal convictions. In some cases, immigrants with criminal arrests often believe that if they do not list the incidents and provide police reports and Court Dispositions because somehow the USCIS will not find out. However, once biometric fingerprints are taken for immigrant cases, most arrests do show up.

In many instances, one minor misdemeanor will not prevent an individual from obtaining a Green Card or Naturalizing. However, failure to list any arrest - might. Another issue with criminal arrests is that immigrants often believe that a case dismissal or “expungement” means that the arrest does not have to be listed, when in fact ANY arrest, no matter what the disposition of the case was - must be disclosed. Many immigrants convicted of a crime have their records “expunged”, believing that the conviction has been erased forever, when in fact for immigration purposes, it will not.

Under Immigration regulations, expungements and other criminal rehabilitative statutes are totally ineffective for non-citizens, unless there is a constitutional basis for the withdrawal of plea, dismissal or expungement. Some criminal lawyers try to vacate convictions in order to help their clients to avoid immigration consequences, not understanding that even if the conviction has been vacated, it is deemed ineffective to eliminate its immigration consequences unless the quashing of the conviction is based on a legal defect in the conviction or in the proceedings - not be solely for immigration purposes.

Therefore, if you are applying for U.S. Residency (Green Card) or Naturalization and have ever been arrested for any reason, even if the case is dismissed or you have had it expunged, your first step should be to consult with a Criminal Immigration Attorney. Not all immigration attorneys are familiar with or practice in the area of criminal immigration, so with something this important at stake, be sure that you have confirmed that the immigration attorney you wish to consult routinely practices in the area of criminal immigration.

IMMIGRATION Q&A

Do debts and bankruptcy affect immigration benefits?

Question: Hi. I’m now a U.S. Citizen and recently got married to my boyfriend. I want to file for his residency but we are worried because he had some hospital bills that he never paid and he is delinquent. The creditors say they will file a claim against him. We are afraid that will affect his residency chances. Can we still apply even if there are claims filed against him?

Answer: I understand your concern, but there is no need to worry about bad debts, credit problems are not a factor in the granting of a green card. Even lawsuits and bankruptcy have no effect on the ability to obtain U.S. Residency (Green Card) or even U.S. Citizenship.