I just read this article, I found it very interesting !
I do apologize if this is not the right forum.
The process of obtaining permanent residence and naturalization are often
fraught with bureaucratic red tape and seemingly endless waiting before cases
are adjudicated. Fortunately, legal mechanisms are in place that guarantee
timely processing of citizenship applications. For example, if the Immigration
Service fails to rule on a citizenship case within 120 days from the date of an
applicant's interview, the applicant has the right to have the case adjudicated
by a judge in Federal District Court.
Our client, Mr. K, a green card holder and citizen of Iran, found himself in
this very situation. In early July 2004, Mr. K had his citizenship interview,
where he was informed that after undergoing a routine FBI background check, he
would receive final decision on his case and be scheduled for his oath
ceremony.
One hundred twenty days came and went without a response from the Immigration
Service. Despite repeated inquiries, we were told that the background checks
had not yet been completed. Frustrated with the wait, we filed a Petition for
Hearing on Naturalization Application on behalf of our client with the Federal
District Court.
The CIS immediately ruled on Mr. K's citizenship application, but not the way
we expected. The Service not only denied Mr. K's application, they alleged he
was deportable from the United States due to a prior criminal conviction, and
placed him in removal proceedings.
Mr. K had been arrested back in 1999 and pled guilty to a felony charge. He
received five years probation, with a fine and community service. Though not an
aggravated felony, this conviction formed the basis for the Immigration
Service's decision that he was eligible neither for citizenship nor even
residence in the United States.
When we appeared before the Immigration Judge, we pointed out that the
Immigration Service had demonstrated a serious misunderstanding of the law. Mr.
K obtained permanent residency in 1986, a full 13 years prior to his 1999
conviction. The law states, however, that a permanent resident of five years or
more in the U.S. can not have his residency revoked due to one conviction of a
crime of moral turpitude, provided the crime does not constitute an aggravated
felony.
The government attorney agreed, and the Immigration Judge ruled in favor of
Mr. K.
As for our client's citizenship application, case law in the 9th Circuit
provides that once a complaint is filed in Federal Court, the CIS loses
jurisdiction over the application. We pointed this out to the U.S. Attorney's
office. They then agreed to stipulate that his case be remanded to the CIS and
decided within strict time limits.
Bottom line: Mr. K was sworn in as a U.S. citizen in January 2006.
On a side note, Mr. S, a citizen of India, applied for naturalization and
received his interview. After waiting patiently for nearly two years to be
sworn-in, Mr. S hired our law firm to file a Petition for Hearing on
Naturalization application in Federal District Court. The litigation prompted
the Immigration Service and the FBI to complete processing of his application.
Both Mr. S and Mr. K were sworn in as citizens on the very same day!
The morale of the story: Why wait when you can litigate!
I do apologize if this is not the right forum.
The process of obtaining permanent residence and naturalization are often
fraught with bureaucratic red tape and seemingly endless waiting before cases
are adjudicated. Fortunately, legal mechanisms are in place that guarantee
timely processing of citizenship applications. For example, if the Immigration
Service fails to rule on a citizenship case within 120 days from the date of an
applicant's interview, the applicant has the right to have the case adjudicated
by a judge in Federal District Court.
Our client, Mr. K, a green card holder and citizen of Iran, found himself in
this very situation. In early July 2004, Mr. K had his citizenship interview,
where he was informed that after undergoing a routine FBI background check, he
would receive final decision on his case and be scheduled for his oath
ceremony.
One hundred twenty days came and went without a response from the Immigration
Service. Despite repeated inquiries, we were told that the background checks
had not yet been completed. Frustrated with the wait, we filed a Petition for
Hearing on Naturalization Application on behalf of our client with the Federal
District Court.
The CIS immediately ruled on Mr. K's citizenship application, but not the way
we expected. The Service not only denied Mr. K's application, they alleged he
was deportable from the United States due to a prior criminal conviction, and
placed him in removal proceedings.
Mr. K had been arrested back in 1999 and pled guilty to a felony charge. He
received five years probation, with a fine and community service. Though not an
aggravated felony, this conviction formed the basis for the Immigration
Service's decision that he was eligible neither for citizenship nor even
residence in the United States.
When we appeared before the Immigration Judge, we pointed out that the
Immigration Service had demonstrated a serious misunderstanding of the law. Mr.
K obtained permanent residency in 1986, a full 13 years prior to his 1999
conviction. The law states, however, that a permanent resident of five years or
more in the U.S. can not have his residency revoked due to one conviction of a
crime of moral turpitude, provided the crime does not constitute an aggravated
felony.
The government attorney agreed, and the Immigration Judge ruled in favor of
Mr. K.
As for our client's citizenship application, case law in the 9th Circuit
provides that once a complaint is filed in Federal Court, the CIS loses
jurisdiction over the application. We pointed this out to the U.S. Attorney's
office. They then agreed to stipulate that his case be remanded to the CIS and
decided within strict time limits.
Bottom line: Mr. K was sworn in as a U.S. citizen in January 2006.
On a side note, Mr. S, a citizen of India, applied for naturalization and
received his interview. After waiting patiently for nearly two years to be
sworn-in, Mr. S hired our law firm to file a Petition for Hearing on
Naturalization application in Federal District Court. The litigation prompted
the Immigration Service and the FBI to complete processing of his application.
Both Mr. S and Mr. K were sworn in as citizens on the very same day!
The morale of the story: Why wait when you can litigate!