…Where Should I File?

If you are an immigrant who is considering applying for naturalization, you may believe that you can choose where your citizenship examination will take place. After all, as immigration is a federal matter, it would make sense that you would be able to handle issues related to it anywhere in the country.

In reality, this is not the case. The Form N-400, which is used to apply for naturalization, must be filed in the state or Service District that has jurisdiction over the applicant’s place of residence. In addition, the person applying must have lived in that state for at least three months before filing.  In this context, the word “state” also includes the District of Columbia, the U.S. Virgin Islands, Puerto Rico, Guam, and the Commonwealth of the North Marinara Islands.

What About Students?

As a student, you may spend a few months at a time at school and then return home to a different state as soon as a term ends. In these cases, a student seeking naturalization can either file in their home jurisdiction if they can show that they are financially dependent on their parents when they file and during the naturalization process. If they cannot, they can file where their school is located.

What if I Need to Move after I File?

Sometimes, you may need to move for work or personal reasons after filing your N-400. Fortunately, United States Citizenship and Immigration Services (USCIS) has a procedure to deal with this scenario – applicants are required to notify USCIS of any relocation so that his or her application can be transferred to the appropriate office which has jurisdiction over the applicant’s new place of resident.

Do I Need a Lawyer?

There is no rule requiring people seeking naturalization to retain an attorney. It is, however, highly advisable to do so as the assistance of a lawyer can make the process go much more smoothly and can help avoid any potential problems before they arise.

Call 201-703-9400 today for more information.

If you have questions about where to file your N-400 application or anything else related to immigration law, you should call New Jersey immigration attorney Ronald Mondello as soon as possible. Mr. Mondello is qualified to handle any issue related to immigration or its intersection with criminal law, including criminal grounds for immigration, crimes of moral turpitude, sexual offenses, domestic violence, and DWI. To schedule a consultation with Mr. Mondello, call our office today at 201-703-9400 or contact us online.

As the relationship between governmental leaders in the United States and Cuba was long-strained, the Cuban Adjustment Act went into effect in 1966 under President Lyndon B. Johnson. However, in response to efforts by the Obama administration, relations between the U.S. and Cuba have recently improved, thus prompting some legislators to seek changes to the Cuban Adjustment Act. For this reason, it is highly important for any potential or current immigrants from Cuba to understand how this law affects them and their families.

Benefits for Cubans in the U.S.

The law was first enacted to provide relief for Cubans who wanted to move to the U.S. to escape the oppressive policies put in place by Fidel Castro. The Act put in place specific procedures for Cuban immigrants to have a path to obtaining permanent residency in the U.S. Green cards are available to Cubans who meet the following requirements:

• They are admissible as immigrants
• They have been admitted into the U.S. (entering at a place other than a designated point of entry is not a disqualification from the benefits of the Act)
• They have been living in the U.S. for a minimum of one year

Green cards are available without requiring a sponsored immigrant visa petition or without meeting all requirements set out in Section 245 of the Immigration and Nationality Act (INA). In addition to permanent residency, many welfare and refugee benefits are available for Cuban immigrants who meet the requirements of the Act. The major exception to the Cuban Adjustment Act is if a Cuban is intercepted before they reach the dry land of the U.S., they can be returned to Cuba and the Act will not apply to them.

Now, changes to the Act may be on the horizon and anyone who may be considering immigrating to the U.S. from Cuba should consult with an experienced immigration lawyer before doing so.

Call 201-703-9400 today for more information.

The Cuban Adjustment Act is only one example of how immigration laws can be changed and can have a serious effect on immigrants and their families. Ronald P. Mondello, Esq. Attorney at Law represents the rights and interests of immigrants from Cuba and all over the world. Our office helps clients throughout New Jersey and New York with every step of the immigration process, so please call us today to find out more about how we can help you.

If you have no legal immigration status and are facing deportation proceedings, you may think that there is nothing more you can do. That may not be true: often you can file a cancellation of removal.

A cancellation of removal is your request to an immigration court to stop your deportation. There are several requirements you must meet in order for the cancellation to be approved.

Cancellation of removal cases are not often granted. For this reason you must collect and present extensive documentation to have a chance at getting your removal cancelled.

The most important thing is that you provide the court with documentation of every requirement you must prove. The documentation should be well-organized and clear.

In order for your cancellation of removal to be granted, you must prove the four requirements:

1. You have been present in the United States for ten years
2. You are a person of good moral character
3. You have not been convicted of certain criminal offenses
4. Your removal from the U.S. would cause exceptional and extremely unusual hardship to your parent, spouse or child who is a U.S. citizen or legal permanent resident.

Many clients have questions on how to prove and document good moral character. One thing a court will look at is whether you have a criminal record. Also, if there is something questionable in your past and it happened years ago, you can prove that you have been rehabilitated or otherwise reformed with documentation.

As for specific documents, examples are:

• Education and employment records. If you have always held down a job or attended classes regularly, this can help prove that you are of good moral character. You can prepare a resume as well as gather pay stubs and transcripts to show this.
• Documentation of involvement in your community. Church or volunteer work qualify as community involvement.
• Letters of support. These letters are meant to give the court a glimpse into who you are. Teachers, employers, family members, neighbors and church leaders can all write these letters. Letters should be as specific as possible with examples of when you acted with good moral character.

CALL 201-703-9400 TODAY FOR MORE INFORMATION

If you are facing deportation and do not have immigration status, or are an attorney representing a client facing deportation, it may be possible to have a removal cancelled. This application process requires extensive documentation, and having an immigration attorney representing you will ensure that you have made the best case for yourself. Contact Ronald P. Mondello, Esq. Attorney at Law for help today. We have helped clients in New York and New Jersey.