Do I Need an Immigration Lawyer to Apply for Citizenship?

While having a lawyer is not obligatory for citizenship, not having one may be just like walking a tightrope without a safety net below. If you are seeking the best guidance to navigate the complex process of citizenship, Alina Kats can help you do it right. She offers skilled legal counsel for the naturalization process and guides you through every step of the way. With her team of experts, Alina Kats provides caring, thoughtful, and thorough representation to her clients so they can meet the requirements of the USICS and achieve their dream of becoming US citizens successfully.

Getting US citizenship is one of the most important events of your life, and should not be taken lightly. While applying for citizenship is not too difficult, it is not easy either, especially if you have a complicated immigration history or do not have the time to work through the complex paperwork. You may not necessarily need a lawyer for naturalization, but having an expert take the lead can certainly make things less stressful and give you a chance to focus more on other aspects of your life and immigration.

Before deciding whether to apply for US citizenship on your own or to hire an immigration lawyer to guide you, find out what a lawyer can and cannot do for you and how they can help you achieve your goals.

Applying for citizenship

The process of becoming a US citizen by application after a prolonged waiting period of living in the United States is called naturalization.

To naturalize, you must fulfill the eligibility criteria which include:

• Being 18 years or over
• Having a good moral character
• Applying with United States Citizenship and Immigration Services (USCIS)
• Passing a citizenship test that includes civics and English language test
• Taking the oath of allegiance and agreeing to support the principles of the U.S. Constitution

If you are applying based on your marriage to a US citizen, you can naturalize after three years as a lawful permanent resident (LPR). If you are not married to a US citizen, you have to be an LPR for 5 years before naturalizing.

Immigration lawyers can help you navigate the complexities of the immigration system for you. They work with you to determine if you are eligible to apply, prepare your application, assist you in studying for the test, and make sure everything goes smoothly, till you take oath of allegiance.

Do you need an immigration lawyer for citizenship to submit form N-400?

If you can do it yourself, you do not have to hire an immigration lawyer to submit your N-400 form, the application for naturalization. However, it is important to note that not only do you have to fill out the form properly, but you also have to submit other documentation that go along with your application for further processing.

To go through the process yourself without any assistance, you need to complete the following tasks comfortably:

• Accurately fill out form N-400, which is the application for naturalization
• Determine your USCIS fee for filing the N-400 or your eligibility for the fee waiver
• Determine if you can pay biometric fees and paying them timely and properly
• Determine if you can file Form N-648, Medical Certification for Disability Exceptions, along with your citizenship application package
• Determine whether you can submit two passport-style photographs

How can a lawyer help you apply for US citizenship?

The naturalization process begins with the submission of form N-400, an application for naturalization to USCIS. With the form, you are also required to provide evidence that you are eligible to apply and the correct filing fee.

Filling N-400 can be time taking as you must provide extensive background information about your life. While there are instructions on how you should do it, it can be challenging. If you have any complications in your immigration history or lack time to study the form in detail and fill it right, hiring an immigration lawyer is the best way to avoid potential issues. They can prepare and provide explanations for those problems and pave the way to your citizenship.

If you have committed certain criminal or immigration offenses, you may face problems in the naturalization process. These issues can prevent you from proving a good moral character, and in serious cases, you may be permanently unable to naturalize. There are certain other offenses too that can keep you from naturalizing until sufficient time has passed.

A reliable and experienced immigration lawyer can help you identify these bars, and suggest if you should wait to apply, or request a waiver of certain offenses. They can assist in gathering the necessary supporting documents to affirm your case and ensure you answer truthfully and within the bounds of the law. In such cases, you have to earn the benefit of the doubt, and earning it becomes easier with professional guidance. They will also determine if you are unable to naturalize.

Do you need a lawyer for a citizenship interview?

If USCIS does not detect any issues in your application, it will schedule a naturalization interview after you submit form N-400. At the interview, you are required to complete your civics and English language tests. Even if you fail in the first attempt, you have two more chances. USCIS provides the study materials, including the questions that interviewers select.

A lawyer can help you prepare for the civics test. It is because so many things are new to you, and you may need some guidance to understand them better. Your lawyer can also practice the interview process with you so you know what will happen and gain confidence. The attorney also prepares you for what to avoid saying, how to respond to unexpected questions, and how to conduct yourself during the interview.

Why hiring an immigration lawyer is important?

• Command over legal complexities – US immigration laws are known for their complexities, and navigating through them is not easy. Filling out the form and going through an intricate web of stipulations and clauses, each one affecting the other, can be quite a challenge. An immigration lawyer can handle this task for you easily.
• Precision and accuracy – Filling out the N-400 form is the most important step in naturalization, and there is no room for errors. One mistake can cause costly delays and even outright rejection. Having an expert ensures precision and accuracy.
• Comprehensive legal knowledge – Whether you have a complex past or lack proper documentation, an immigration lawyer can provide the best advice based on your specific circumstances with their comprehensive knowledge of immigration laws.
• Test and interview – Preparing for the naturalization interview and civics test is not easy, especially if you lack English speaking proficiency. A lawyer can provide the knowledge and confidence you need to pass the test and interview.

If you make up your mind and decide to hire a lawyer to guide you through the citizenship process, it is important to find an experienced and reliable immigration lawyer.

Circumstances when you should really hire an immigration lawyer

While the decision to hire an immigration lawyer is unique to each individual, there are certain different or urgent circumstances when hiring an immigration attorney becomes necessary.

They are:

• If you are undergoing removal proceedings before a US immigration court – This is a serious matter when you are in the process of being removed or deported from the United States. Your lawyer can advocate on your behalf and ensure your interests are protected. This is especially important if you are detained by the United States Immigration and Customs Enforcement during removal proceedings. They can advise you on whether you are eligible for a custody hearing, speak on your behalf in immigration court, analyze your options, keep track of court deadlines, and prepare applications for relief. They also prepare you and your witnesses for testimony and cross-examination.
• If you are being investigated or questioned by a US government agency – If you are ever personally contacted or interviewed by either a Homeland Security Investigations Special Agent, a USCIS Immigration Officer, U.S. Customs and Border Protection Inspector, or any office within the U.S. Department of Homeland Security, it means the US government has information suggesting that you are not eligible for the immigration benefits you are seeking or have received. A lawyer can find out what is going on and come up with the best strategies to handle the complications in your case.
• You have been arrested or convicted of a crime – Committing a crime anywhere in the world makes you ineligible for a US visa or immigration. Even if you were arrested without conviction, it can affect your case and lead to complex investigation and other problems based on the wording of your state’s criminal statutes. A lawyer can help you understand the impact a criminal history could have on your immigration and provide the best advice on moving forward with your case.
• You have received a request for evidence from USCIS – USCIS issues Requests for Evidence if it thinks you are not eligible for the application you filed but wants to give you a chance to prove your eligibility or requires additional information to decide. Your lawyer can explain why USCIS has issued the REF and help you avoid a denial by advising on what documents you need and preparing a convincing response to their query.
• You need a waiver of inadmissibility – You can apply for a waiver if you do not meet the minimum requirement for an immigrant benefit within the United States most likely because you match one of the grounds of inadmissibility. This means you are asking the United States for legal forgiveness for what you might have done in case of certain criminal convictions, fraud, and even a refusal to be vaccinated. A lawyer can prepare a strong application to ensure you get the waiver.
• You don’t feel confident handling all the paperwork in the immigration process – Even if none of the above situations applies to you and your case is relatively straightforward, but you are not comfortable handling all the paperwork yourself, hiring a lawyer is a good option. A professional lawyer will take care of all the analysis, forms, and paperwork, deal with any surprise complications or delays, and ensure all the information you provide is consistent.

An immigration lawyer can also prepare legal memos or supporting documents, prepare a list of paperwork you will need to produce, and guide you through each step of the application process to ensure successful outcomes.

Selecting the right immigration lawyer for your case

You can find a reliable immigration lawyer by doing a little research and finding out more about their services and experience.

Look for immigration lawyers in your area by their rating and finding out how much they charge, if they are taking new clients, and how much experience they have with the type of case you have. When preparing to meet with your prospective new immigration lawyer, gather all documents related to your case, including documents you used to enter the US, proof of a family sponsor’s status as a citizen or permanent resident, birth certificates or a marriage license, and any police reports if you were ever arrested.

Talk to the lawyer and ask them questions to learn more about their skills and expertise. It will help you decide if the lawyer can communicate well and is right choice for your case. After you have made up your mind, sign an agreement that explains clearly what the lawyer is or is not going to do for you.

If you are applying for US citizenship, call Kats Immigration Law today and schedule a consultation with an expert before filing any paperwork to make the process of naturalizing easy. Guided by an immigration attorney, you can stay on top of issues, reduce stress, and complete the naturalization process faster without going through hurdles. Alina Kats helps you navigate complex systems, such as noncitizens requesting immigration benefits, and protects your rights. Her understanding of immigration laws and related matters enables her to take even the most challenging cases so you can achieve your immigration goals lawfully and efficiently.