Do I need a lawyer for my particular naturalization application?
February 23, 2019 6:34 AM Subscribe
I have a misdemeanor charge prior to receiving my green card that I am concerned may require a lawyer to fill out my naturalization application.
I have been eligible for citizenship since 2008 - YANML, YANMYIL.
I first came to the United States in 1999 on a student visa. It was always current, and I never overstayed the visa. While I was here I married my ex-husband, who was NOT a citizen at the time we married. He was on an H1-B visa (work.) He received his permanent residency in 2007, a couple years after we married, and I received my green card in 2008 while still on my student visa in grad school - his work processed both of our green card applications. We divorced due to irreconcilable differences in 2009. I am now in a domestic partnership with an American citizen and we have a child together. I have nothing else on my record, and have held jobs that have required government security clearance (post-doctoral fellow at NASA labs.)
In 2003, I had a misdemeanor petty theft charge due to some stupid stuff I pulled in college to the tune of less than $100. It was subsequently dismissed and expunged, but will still show up in Homeland Security databases. This charge qualifies to be a "Petty Offense Exception" in the penal code, which allows an immigrant to remain eligible for naturalization (one misdemeanor offense involving moral turpitude and the punishment is less than a year/ fine of less than $1000.) I received my green card AFTER this misdemeanor occurred.
While I am quite able to fill out my naturalization paperwork by myself, I am wondering if I need a lawyer for my particular application. Most immigration lawyers do offer consultations, however, I feel all of them are likely to tell me I need a lawyer - it's good for business, right? Therefore, I'm turning to you good Green folks for some advice on whether it would be a good idea to hire a lawyer to do my application given the misdemeanor, given that:
a) I have a misdemeanor petty theft charge prior to my green card approval (even if it qualifies under the Petty Theft Exception)
b) Am divorced from my ex-husband even though he was never a citizen during the period we were married (so, NOT a marriage of convenience)
Should I fill out the application myself and then hire a lawyer for the interview? Hire a lawyer from the beginning? Do it all myself since I got my green card with no issues (although that was processed through a law firm)? I'm not too concerned that my application will be denied, but I'd like to avoid unnecessary anxiety and uncertainty.
I have been eligible for citizenship since 2008 - YANML, YANMYIL.
I first came to the United States in 1999 on a student visa. It was always current, and I never overstayed the visa. While I was here I married my ex-husband, who was NOT a citizen at the time we married. He was on an H1-B visa (work.) He received his permanent residency in 2007, a couple years after we married, and I received my green card in 2008 while still on my student visa in grad school - his work processed both of our green card applications. We divorced due to irreconcilable differences in 2009. I am now in a domestic partnership with an American citizen and we have a child together. I have nothing else on my record, and have held jobs that have required government security clearance (post-doctoral fellow at NASA labs.)
In 2003, I had a misdemeanor petty theft charge due to some stupid stuff I pulled in college to the tune of less than $100. It was subsequently dismissed and expunged, but will still show up in Homeland Security databases. This charge qualifies to be a "Petty Offense Exception" in the penal code, which allows an immigrant to remain eligible for naturalization (one misdemeanor offense involving moral turpitude and the punishment is less than a year/ fine of less than $1000.) I received my green card AFTER this misdemeanor occurred.
While I am quite able to fill out my naturalization paperwork by myself, I am wondering if I need a lawyer for my particular application. Most immigration lawyers do offer consultations, however, I feel all of them are likely to tell me I need a lawyer - it's good for business, right? Therefore, I'm turning to you good Green folks for some advice on whether it would be a good idea to hire a lawyer to do my application given the misdemeanor, given that:
a) I have a misdemeanor petty theft charge prior to my green card approval (even if it qualifies under the Petty Theft Exception)
b) Am divorced from my ex-husband even though he was never a citizen during the period we were married (so, NOT a marriage of convenience)
Should I fill out the application myself and then hire a lawyer for the interview? Hire a lawyer from the beginning? Do it all myself since I got my green card with no issues (although that was processed through a law firm)? I'm not too concerned that my application will be denied, but I'd like to avoid unnecessary anxiety and uncertainty.
...and, if your green card doesn't expire until after 21 January 2021, your first question should be whether it's in your best interests to file for citizenship now or to not do anything to call yourself to USCIS's attention until, ojala, there's a new President.
posted by GCU Sweet and Full of Grace at 7:20 AM on February 23, 2019 [8 favorites]
posted by GCU Sweet and Full of Grace at 7:20 AM on February 23, 2019 [8 favorites]
I am a lawyer but am not your lawyer or an immigration lawyer. There is no universe in which I would recommend going through immigration proceedings or immigration court without an attorney.
posted by notjustthefish at 7:24 AM on February 23, 2019 [10 favorites]
posted by notjustthefish at 7:24 AM on February 23, 2019 [10 favorites]
Attorney. Now. Literally right this instant. You might already be fucked, but a skilled immigration lawyer is your only hope of getting out of this mess.
Actually, I'm confused. You say your charge was "dismissed and expunged." That's not possible; expungement is for convictions. If you were convicted and your records were later expunged, you'll have to get them unexpunged in order to proceed with naturalization. If the charges were dismissed, and you were never convicted, you might be a little safer.
Either way, get a lawyer.
posted by Faint of Butt at 7:59 AM on February 23, 2019 [1 favorite]
Actually, I'm confused. You say your charge was "dismissed and expunged." That's not possible; expungement is for convictions. If you were convicted and your records were later expunged, you'll have to get them unexpunged in order to proceed with naturalization. If the charges were dismissed, and you were never convicted, you might be a little safer.
Either way, get a lawyer.
posted by Faint of Butt at 7:59 AM on February 23, 2019 [1 favorite]
Most immigration lawyers do offer consultations, however, I feel all of them are likely to tell me I need a lawyer - it's good for business, right?
The MeFi Wiki Get a lawyer page includes information about attorneys and resources for finding an immigration attorney:
posted by Little Dawn at 8:07 AM on February 23, 2019
The MeFi Wiki Get a lawyer page includes information about attorneys and resources for finding an immigration attorney:
ImmigrationLawHelp.org is a searchable online directory of over 940 free or low-cost nonprofit immigration legal services providers in all 50 states. Users can search by state, county, or detention facility, and refine searches by types and areas of legal assistance provided, populations served, languages spoken, other areas of legal assistance, and non-legal services provided.Perhaps you can seek reassurance from a nonprofit legal services provider about the need for an attorney in this situation.
posted by Little Dawn at 8:07 AM on February 23, 2019
You will probably get more perspective on visajourney.com but when you do look for a lawyer, find one that has experience with this.
posted by k8t at 8:34 AM on February 23, 2019
posted by k8t at 8:34 AM on February 23, 2019
Most immigration lawyers do offer consultations, however, I feel all of them are likely to tell me I need a lawyer - it's good for business, right?
I'm a lawyer. (Not yours. Not an immigration one.) I offer consultations. Do you know what my two most frequent answers are? "Instead of paying me to do this work, you should take the non-legal route." "Instead of paying me to do this work, you should use LegalZoom." Yes, there are some lawyers who will lie to take your money, and that sucks—it's equally true of doctors, plumbers, electricians—but the vast majority will not, no.
You? You need a lawyer.
Don't take my word for it, or anybody else's in this thread. Call a legal-aid hotline. Check whether the ABA has a Free Legal Answers resource in your state. Ask someone licensed to practice law in your state, someone who has nothing to gain from sending you to a private lawyer. You'll get the same answer.
I'm not too concerned that my application will be denied
Now that's something I don't hear often. Granted, I'm not an immigration lawyer, but I work closely with immigrant communities, and yeah, I don't hear that sentiment very often, and even less so in the past few years. I hope you're right. Good luck.
posted by cribcage at 8:36 AM on February 23, 2019 [8 favorites]
I'm a lawyer. (Not yours. Not an immigration one.) I offer consultations. Do you know what my two most frequent answers are? "Instead of paying me to do this work, you should take the non-legal route." "Instead of paying me to do this work, you should use LegalZoom." Yes, there are some lawyers who will lie to take your money, and that sucks—it's equally true of doctors, plumbers, electricians—but the vast majority will not, no.
You? You need a lawyer.
Don't take my word for it, or anybody else's in this thread. Call a legal-aid hotline. Check whether the ABA has a Free Legal Answers resource in your state. Ask someone licensed to practice law in your state, someone who has nothing to gain from sending you to a private lawyer. You'll get the same answer.
I'm not too concerned that my application will be denied
Now that's something I don't hear often. Granted, I'm not an immigration lawyer, but I work closely with immigrant communities, and yeah, I don't hear that sentiment very often, and even less so in the past few years. I hope you're right. Good luck.
posted by cribcage at 8:36 AM on February 23, 2019 [8 favorites]
I did not have a misdemeanor but did have an accidental four-week overstay on my student visa from 2005. In every other way my circumstances were identical to yours (down to the very dates, it's eerie). I applied for and easily, quickly got my naturalization two years ago. No lawyers were needed for this, unlike for my green card application and my H-4 application before that.
I know the misdemeanor substantially changes your circumstances, but I just wanted to add this data point in order to counter some of the surprise on this thread over your relative lack of worry. I think most people here don't realize that naturalization is a COMPLETELY different ballgame from gc and other entry-level visa applications. The latter get denied all the fucking time. I lost too many nights of sleep and chewed through klonopin like candy when my GC was being processed. It's just not the same for citizenship because by now you've been so thoroughly vetted that the system is there only to wave you on in - at least that's what it was like in my simpler case. You're not going to immigration court, ffs. If you ARE then definitely get an attorney. But naturalization does not by default involve going to court.
(Frankly I don't think that misdemeanor will be a big deal for you either. My accidental 4 week overstay did not even come up during my GC application, let alone naturalization, and to me that seems a lot more serious than your $100 petty theft.)
posted by MiraK at 12:12 PM on February 23, 2019
I know the misdemeanor substantially changes your circumstances, but I just wanted to add this data point in order to counter some of the surprise on this thread over your relative lack of worry. I think most people here don't realize that naturalization is a COMPLETELY different ballgame from gc and other entry-level visa applications. The latter get denied all the fucking time. I lost too many nights of sleep and chewed through klonopin like candy when my GC was being processed. It's just not the same for citizenship because by now you've been so thoroughly vetted that the system is there only to wave you on in - at least that's what it was like in my simpler case. You're not going to immigration court, ffs. If you ARE then definitely get an attorney. But naturalization does not by default involve going to court.
(Frankly I don't think that misdemeanor will be a big deal for you either. My accidental 4 week overstay did not even come up during my GC application, let alone naturalization, and to me that seems a lot more serious than your $100 petty theft.)
posted by MiraK at 12:12 PM on February 23, 2019
Absolutely get a lawyer for this! Perhaps under a different president you'd be OK but not this one. People are getting deported left and right, and privilege helps but isn't a guarantee of protection: there are a lot of horror stories out there. Ask around and find the best firm in your region, not just someone local or cheap, even if you have to pay in installments. It will be worth every penny! I am not a lawyer but have helped people with immigration paperwork and, even in the best of circumstances, things can and do go wrong. I would hope that you'd be OK doing this on your own but it's always good to prepare for the worst and hope for the best, right? Good luck!!
posted by smorgasbord at 4:58 PM on February 23, 2019 [1 favorite]
posted by smorgasbord at 4:58 PM on February 23, 2019 [1 favorite]
Naturalization is not about waving you on in. It is an application for citizenship, and can lead to earlier immigration decisions, like getting a green card, being revoked and having you deported. Just like crossing the border, half the risk is in which officer looks at you (or your file). Under the current administration, people are being prosecuted for visa fraud and over stays that occurred years ago but were noticed during a citizenship application. The application process has also slowed down from a six month average to 12 months. I would not approach USCIS without a lawyer right now, no matter how simple it seems.
posted by the agents of KAOS at 7:23 PM on February 23, 2019 [1 favorite]
posted by the agents of KAOS at 7:23 PM on February 23, 2019 [1 favorite]
If you live in the Orlando, FL, area, I can provide you with the name of the attorney I had a consultation with. Please feel free to MeMail me.
I received my US citizenship in July 2018 after filing in April 2017. I completed and filed the application myself. After my initial USCIS interview in February 2018, I consulted with an attorney as I was anxious about the results of the interview. The initial consultation is a flat $150 fee. After reviewing the facts and circumstances of my case, she provided some good suggestions on what to do at my second interview. She did not mention anything about further needing her services or trying to up-sell me on additional services. I do not have a misdemeanor, so your circumstances may require more attorney services.
posted by cynical pinnacle at 2:44 PM on February 24, 2019
I received my US citizenship in July 2018 after filing in April 2017. I completed and filed the application myself. After my initial USCIS interview in February 2018, I consulted with an attorney as I was anxious about the results of the interview. The initial consultation is a flat $150 fee. After reviewing the facts and circumstances of my case, she provided some good suggestions on what to do at my second interview. She did not mention anything about further needing her services or trying to up-sell me on additional services. I do not have a misdemeanor, so your circumstances may require more attorney services.
posted by cynical pinnacle at 2:44 PM on February 24, 2019
This thread is closed to new comments.
I would hire an attorney for the whole process, especially since you have a partner and a child and because last time you had an attorney handle the process.
posted by crush at 6:52 AM on February 23, 2019 [6 favorites]