Should I use an attorney for Naturalization?

[k1w1]

I am considering the process of Naturalization and am researching the process overall (I have not yet submitted the N-400). I have a somewhat complicated immigration history and so I wonder if I am best to engage an immigration attorney to assist with the process. I am interested in hearing from anyone with an informed POV or from those that are in, or have been in, a similar situation.

The slightly longer story:

I am Citizen of New Zealand, although I have lived in the US permanently since 1995. I was originally here on an L1 Visa (issued in 1995). I started the application for permanent residency in early 1997 and returned to NZ to collect the Green Card in November of that same year. It was denied (and the L1 annulled).

It was denied due to several convictions (minor) that I had incurred while being a stupid teenager (during the early-mid 80's). I had not disclosed these convictions in my application for permanent residency (as I had incorrectly believed that my NZ police juvenile record had been expunged).

I was able to obtain reentry and permanent residence via a hardship waiver (I was married to a US Citizen) and was awarded a Green Card in Feb 1998.

The Green Card will expire this year – in July.

I have since divorced (2003) and remarried (2010). I have a daughter, from the first marriage, that I co-parent with my ex-wife.

I’ve really no idea what to expect during the Naturalization application process. Am I best to use an immigration attorney? Or is the conversion from Permanent Resident to Citizen relatively easy and something I could tackle on my own (I am not certain if my history complicates matters or not)?

And, lastly, given that the Naturalization process is likely to take longer than 6 months, should I also seek to renew my Permanent Residency status (renew my Green Card)?

Many thanks in anticipation.

k1w1

 

[Jackolantern]

With a criminal history that has created immigration problems in the past, you should definitely see a lawyer. That doesn't mean hiring a lawyer to handle the process from end to end, which would cost thousands of dollars. Instead of the whole enchilada, just see the lawyer for a one-time consultation to review the criminal record, your hardship waiver, etc. to figure out your chances of citizenship if you apply and determine if you'd be risking deportation by applying (highly unlikely, but still talk it over with the lawyer). Also have them review the application after you've filled it out yourself. And then if you go ahead and submit the application, consider having the lawyer accompany you to the interview. The total of the consultation and being at the interview should cost less than $1000.

And, lastly, given that the Naturalization process is likely to take longer than 6 months, should I also seek to renew my Permanent Residency status (renew my Green Card)?

If you apply for naturalization with more than 6 months remaining on your green card, you don't need to apply for renewal because you'll be entitled to free I-551 stamps if they haven't completed the naturalization process when your GC expires. But these days the naturalization process is usually completed in under 6 months.

 

[k1w1]

Thanks Jackolantern. That confirms my instinct.

Although, I am curious on a POV about having an attorney present during the interview. I can see how an attorney could help navigate a complex issue, but on the other hand, couldn't it seem like you're showing up for battle? Is that wise? Is it commonplace for folk to do that? How does one determine if an attorney would help or hinder the interview part of this process?

 

[nnanz]

How does one determine if an attorney would help or hinder the interview part of this process?

A qualified immigration attorney will help the process. Generally speaking the attorney is a frequent visitor to the field office for various clients and one or more IOs would know him/her. Look for an immigration attorney who is in your neck of the woods and charges a flat fee for the entire process.

 

[Jackolantern]

Although, I am curious on a POV about having an attorney present during the interview. I can see how an attorney could help navigate a complex issue, but on the other hand, couldn't it seem like you're showing up for battle?

When you have a criminal history, USCIS will show up for battle. If you don't show up with your battle armor (the attorney), you could sustain serious damage.

Having said that, when you bring a lawyer due to criminal history or other issues usually it's not so the lawyer will do anything -- usually they don't do anything. It's that their presence deters USCIS from going overboard.