filing for naturalization: Attorney or self?
- Thread starter blkhawk
- Start date
what do you mean?
blkhawk...Many (most?) people on here filed themselves with help from the forum. If you read back in the history there are many useful posts that answer most questions. An attorney is generally only needed if you have a complex case. Look at the N400 application form and count up how many of the qualifying questions you might have issues with.
kckfs, thank you for understanding my question and thank you for answering it in a professional manner.
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To the other folks that didn't digest my question properly and instead decided to attack, let me clarify: Obviously, I didn't post this question for fun 'cause I have better things to do. All I wanted is a general answer such as: "if you can afford an attorney, why not, hire one" or something like "it's very easy, do it yourself if you think your case is free of complexities".
Honestly, I wasn't expecting my question to trigger some unfriendly posts. One advice to the folks on this forum, if you come across a question that doesn't suit your mood, simply don't answer it.
blkhawk,
The naturalizaiton process is really straightforward if you have a simple case. i.e., you don't have any criminal history, arrests, DUI/DWIs, complied with your immigration status at all times, didn't vote or register to vote, wasn't a member of a terrorist organization, filed your taxes throughout the last five years, and didn't commit any act of moral turpitude (see the last part of your N-400 for those questions), and you met the physical presence test to see if you're eligible for naturalization, with no trip exceeding 6 months (cause of abandoning residence), you're case is relatively simple and like the majority of other filers on this forum.
If your case is simple (no issue that complicates it), I would do it by yourself. It's certainly simpler and saves you a huge wad of cash. If you have issues that might raise red flags at USCIS, then it might be prudent to seek the advice of a lawyer.
Ignore the other rude responders here... After all, we're all here because we need help.
The naturalizaiton process is really straightforward if you have a simple case. i.e., you don't have any criminal history, arrests, DUI/DWIs, complied with your immigration status at all times, didn't vote or register to vote, wasn't a member of a terrorist organization, filed your taxes throughout the last five years, and didn't commit any act of moral turpitude (see the last part of your N-400 for those questions), and you met the physical presence test to see if you're eligible for naturalization, with no trip exceeding 6 months (cause of abandoning residence), you're case is relatively simple and like the majority of other filers on this forum.
If your case is simple (no issue that complicates it), I would do it by yourself. It's certainly simpler and saves you a huge wad of cash. If you have issues that might raise red flags at USCIS, then it might be prudent to seek the advice of a lawyer.
Ignore the other rude responders here... After all, we're all here because we need help.
I really appreciate your input. Thanks.
Its a simple process you can file it youself , unless you have some legal issue the you can use an attorney.
Just know that an attorney will only guide you through the normal process{which is already staright forward}, but will not make an IO give you citizenship... so if you have specific concern, i tell you somebody have experinced it beofre and they will advice you on what to do. {GAS IS $3.65/ gallon} you dont want to give an attorney an easy money .
I tell you a lot of INTELLECTUALS HERE just be open and straight ofrward if you have a concern and if not. DO IT YOURSELF.
my 2cents
Just know that an attorney will only guide you through the normal process{which is already staright forward}, but will not make an IO give you citizenship... so if you have specific concern, i tell you somebody have experinced it beofre and they will advice you on what to do. {GAS IS $3.65/ gallon} you dont want to give an attorney an easy money .
I tell you a lot of INTELLECTUALS HERE just be open and straight ofrward if you have a concern and if not. DO IT YOURSELF.
my 2cents
my aunt had an immigration attorney file the N-400 for her. (the same attorney who handled her simple greencard case)
His fees were only a few hundred bucks. My aunt didnt' even need to lift a finger. The law office clerks filled out every form, made copies of everything, and mailed everything for her. (okay, she did have to sign the forms
)
When the USCIS sent fingerprinte notice, the attorney was also sent a copy of the notice. He picked up my aunt and drove to the fingerprint center.
His staff helped my aunt study the test and quizzed her to make sure she was prepared.(over the phone and once in person)
When the interview letter came, the attorney accompanied my aunt to the interview. (although I was told the attorney didn't need to say anytyhing, except stating that he was her attorney). She was sworn in two weeks later at a courthouse ceremony.
My point it that the attorney basically took care of everything. No worries. The attorneys have to eat, so it's only reasonable that they charge a fee. I would characterize it as having a CPA do your taxes for you. Sure, you can do it yourself, but if you can afford it, let soemone else take care of it.
I, on the other hand, filed the N-400 myself. Not that I couldn't afford an attorney, but I always do everything myself if possible.
His fees were only a few hundred bucks. My aunt didnt' even need to lift a finger. The law office clerks filled out every form, made copies of everything, and mailed everything for her. (okay, she did have to sign the forms
) When the USCIS sent fingerprinte notice, the attorney was also sent a copy of the notice. He picked up my aunt and drove to the fingerprint center.
His staff helped my aunt study the test and quizzed her to make sure she was prepared.(over the phone and once in person)
When the interview letter came, the attorney accompanied my aunt to the interview. (although I was told the attorney didn't need to say anytyhing, except stating that he was her attorney). She was sworn in two weeks later at a courthouse ceremony.
My point it that the attorney basically took care of everything. No worries. The attorneys have to eat, so it's only reasonable that they charge a fee. I would characterize it as having a CPA do your taxes for you. Sure, you can do it yourself, but if you can afford it, let soemone else take care of it.
I, on the other hand, filed the N-400 myself. Not that I couldn't afford an attorney, but I always do everything myself if possible.
In my opinion, the main benefit of an attorney for an N-400 case, is telling you when you can save money (and sometimes even your GC) by NOT filing. What I mean by that, is:
- the process is simple enough that anyone can file themselves
- the attorney cannot answer questions on your behalf during the interview
- sometimes your case may require legal scrutiny before you alert USCIS to a past misdeed that could impact future freedom (e.g. conviction, long absence, accidental registering to vote, etc, etc).
Generally, there is little benefit from spending the extra $$$. Sometimes however, the advice might just be worth the expense.
- the process is simple enough that anyone can file themselves
- the attorney cannot answer questions on your behalf during the interview
- sometimes your case may require legal scrutiny before you alert USCIS to a past misdeed that could impact future freedom (e.g. conviction, long absence, accidental registering to vote, etc, etc).
Generally, there is little benefit from spending the extra $$$. Sometimes however, the advice might just be worth the expense.
To summarize what all the folks had to say about the topic of this thread, it appears to me that filling out the forms, gathering supporting docs, perparing and sending the package to USCIS is a straightforward task. The most sensitive part of the process is the interview, where the decision is made and where attorneys cannot be involved.
I don't have any concerns as far as getting approved for naturalization. My history in the USA is pretty clean. The only thing I have different is that I have, for the last 6 months, lived and worked in Australia for the same US company. My assignment in Australia is scheduled to last for 2 years. I do have approved N-470 and a re-entry permit. On top of that, I have been making and plan to continue to make trips to the USA every 4-5 months just to be on the safe side. I am eligible to apply for natz in Aug 2009. Not sure if I will have to live in the US for 3 months to satisfy the 3-month residency requirement (legal advice??), however, I still maintain a US address and a driver's license. I lived in that same state for 9 years.
The reason I posted this question is because, ever since I started working in the USA, my company's immigration attorney took care of everything, from H1B to LC to I-140 and finally I-485. Unfortunately, my company doesn't pay for naturalization based on the fact that I do not have to be a US citizen in order to work for them (makes sense doesn't it?). So now I am on my own.
I appreciate your comments/suggestions/advices. Thanks to all.
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There will be no need for an additional 90 day residency period prior to filing N-400, because you officially remain a resident in the same State where you were domiciled prior to going overseas.
The N-470 is your trump card. Make sure to submit a copy of that and your I-131 when you mail your application, and then take extra ones with you during interview.
The N-470 is your trump card. Make sure to submit a copy of that and your I-131 when you mail your application, and then take extra ones with you during interview.
This is huge for me. 'cause it would be painful for me to leave my wife with twin babies in Australia for 3-4 months. the other questions I had on my mind:
1. Do I have to be in the US in order to file the N-400?
2. if so, how soon can I leave back to Australia after I have filed the application for natz?
3. Should I expect the FP to be scheduled within a month or so?
4. What about the interview? how long on average does it take for USCIS to schedule one from the time the FP is done?
The reason I ask all these questions is so I time my stay in the US so I won't have to fly there many times for the different events I mentioned above.
thanks again.
1+2. Unclear. I've never seen anything official covering this one way or the other. I think there is a general expectation that you'll be in the US when you file, but I don't see why it would be mandatory in your situation.
3. FP usually takes place around 6-8 weeks after filing, Sometimes sooner, and sometimes later, depending on service center workload and how long it takes to get your case entered in their system.
4. Impossible to say with any certainty. Probably your best bet would be to consult your DO's tracker thread when you get closer to filing the N-400. Discounting people who get stuck in namecheck, interviews seem to generally be conducted in the 5-9 month timeframe.
3. FP usually takes place around 6-8 weeks after filing, Sometimes sooner, and sometimes later, depending on service center workload and how long it takes to get your case entered in their system.
4. Impossible to say with any certainty. Probably your best bet would be to consult your DO's tracker thread when you get closer to filing the N-400. Discounting people who get stuck in namecheck, interviews seem to generally be conducted in the 5-9 month timeframe.
GhostRider
Registered Users (C)
Unless you have any tax overdue, unsettled criminal cases, memberships with any hostile organizations, etc. etc., save your money and do you it yourself.
I am definitely going this route. Thanks for the advice.
ok, I guess I should stick around for a few weeks post sumbission for fingerprinting. Also, It appears that I will have to leave the US after that and return for my interview. I hope that won't piss off the interviewer though.
Thanks boatbod. You've been extremely helpful.
The IO can be as pissed-off as he likes, but it won't change the fact that you have an approved N-470 authorizing you to work overseas for a specific US Corporation.
An N-470 is pretty much the holy grail of the naturalization world. Not so many people qualify up front, but once you've got it, its hard for USCIS to deny a case on residence grounds alone.