USC Eligibility: Lawyer confusing an applicant

A

Al Southner

Registered Users (C)
Guys,

I know a person whose GC was approved on Oct 30th, 2007. She's still married and has travels, but normal vacation of 3-4 weeks, nothing more than 2 months outside Uncle Sam. She is planning to apply for US citizenship based on 90 days prior to 3 year anniversary. Here is an issue, she consulted a lawyer which in my view is a little bit weird cause her case is pretty straight forward.

The lawyer told her she can't apply before Oct 30th, 2010 under the new USCIS guidelines, and if she does apply on August 10th, 2010, her application will be rejected. The lawyer is pressuring her to let him file the application (N400) for her, so that she doesn't run into difficulties with USCIS. I told her this was bull but she is feeling like the lawyer knows what he's talking about. I tried assuring her the lawyer actually feeds and sleep on bull, because in her case, it appears pretty straight forward. Bob, Jack, I don't remember any new guidelines on this issue for spouses of US citizens, am I am missing something? I have been on a lot of travel lately and has missed the forum, but things at USCIS aren't on a supercharger for change, are they?

In her situation, I believe she can successfully file around 2nd week of August 2010, provider necessary supporting documentation-tax, joint ownership, and other strong evidence and be good. I am not crazy, and I am?
 
Al Southner said:
Guys,

I know a person whose GC was approved on Oct 30th, 2007. She's still married and has travels, but normal vacation of 3-4 weeks, nothing more than 2 months outside Uncle Sam. She is planning to apply for US citizenship based on 90 days prior to 3 year anniversary. Here is an issue, she consulted a lawyer which in my view is a little bit weird cause her case is pretty straight forward.

The lawyer told her she can't apply before Oct 30th, 2010 under the new USCIS guidelines, and if she does apply on August 10th, 2010, her application will be rejected. The lawyer is pressuring her to let him file the application (N400) for her, so that she doesn't run into difficulties with USCIS. I told her this was bull but she is feeling like the lawyer knows what he's talking about. I tried assuring her the lawyer actually feeds and sleep on bull, because in her case, it appears pretty straight forward. Bob, Jack, I don't remember any new guidelines on this issue for spouses of US citizens, am I am missing something? I have been on a lot of travel lately and has missed the forum, but things at USCIS aren't on a supercharger for change, are they?

In her situation, I believe she can successfully file around 2nd week of August 2010, provider necessary supporting documentation-tax, joint ownership, and other strong evidence and be good. I am not crazy, and I am?
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The question is: 90 days prior to 3 year anniversary of what? If it is the 3 year anniversary of the marriage, then the lawyer is correct. The 90 days rule applies only to the continuous residency requirement. All other requirements must be satisfied at the time of the application; this includes having been married to a U.S. citizen spouse for the full 3 years.
 
I think the lawyer is feeding her some BS in order to get her business. She will eligible to file as early as August 1st (Oct 30, 2010 minus 90 days, assuming that the date on her green card is Oct 30, 2007) but I would recommend waiting a few extra days just to have some padding. August 10th would definitely be a safe date to apply as long as she has already met the continuous presence and residency requirements.

I have not heard of any "new USCIS guidelines" and if there was such a thing, I'm sure there would be posts all over this board about them.

Your friend is lucky to have you. Save her some money.
 
She can apply in August, but on the date of her application her husband must have been a citizen for at least 3 full years and been married to her for at least 3 full years.

The 90 day headstart applies to continuous residence, but not to the length of marriage or the length of citizenship held by the USC spouse.
 
Al Southner said:
The lawyer told her she can't apply before Oct 30th, 2010 under the new USCIS guidelines, and if she does apply on August 10th, 2010, her application will be rejected. The lawyer is pressuring her to let him file the application (N400) for her, so that she doesn't run into difficulties with USCIS.?
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It depends on how long your friend has been married to a USC. For example, if your friend married a USC in 2005 and received GC on Oct 30 2007, then she can apply up to 90 days before she has met 3 years of continuous residency. However, if your friend married a USC in 2008, then she can only apply 3 years after her marriage date.
 
Guys,

She has been married to this guy since May 2006. The husband has been a USC for over for 3 years, naturalized on Nov 2006. So, her clock date of marriage to USC started on Nov 6 2006. In talking to her, I know she meet continuous residence and other eligibility requirements. Married in 2006, GC issued Oct 30th, 2007 and successfully removed conditions last year and now planning to apply for N400. I know the lawyer is full of BS, but since I have been removed a little bit from this immi board, just wanted to make sure I can provide correct information to her. I concur with the point alluded above that there were new requirements, this board would have been told by USCIS before it became public...lol!!!

So, the verdict is that she should be able to apply on August 10th, 2010. Personally, I don't see the hoopla which apparently some egg plant lawyer sees, but since people are struggling in their pockets, being down and dirty cheats help them meet the bottom line. They just celebrated their fourth wedding anniversary this past May. So, in my book, she should be fine because I don't think she can be sworn in before Oct 2010 assuming her DO is faster. Baltimore I understand is super quick, so assuming she passes her interview and doesn't do anything stupid, and I don't expect her to err.
 
Al Southner said:
Guys,

She has been married to this guy since May 2006. The husband has been a USC for over for 3 years, naturalized on Nov 2006. So, her clock date of marriage to USC started on Nov 6 2006. In talking to her, I know she meet continuous residence and other eligibility requirements. Married in 2006, GC issued Oct 30th, 2007 and successfully removed conditions last year and now planning to apply for N400. I know the lawyer is full of BS, but since I have been removed a little bit from this immi board, just wanted to make sure I can provide correct information to her. I concur with the point alluded above that there were new requirements, this board would have been told by USCIS before it became public...lol!!!

So, the verdict is that she should be able to apply on August 10th, 2010. Personally, I don't see the hoopla which apparently some egg plant lawyer sees, but since people are struggling in their pockets, being down and dirty cheats help them meet the bottom line. They just celebrated their fourth wedding anniversary this past May. So, in my book, she should be fine because I don't think she can be sworn in before Oct 2010 assuming her DO is faster. Baltimore I understand is super quick, so assuming she passes her interview and doesn't do anything stupid, and I don't expect her to err.
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Yes, based on this info, she can submit an application 90 days prior to the 3d year anniversary of the green card approval. This means something like Aug 2 as the earliest date, but to be on the safe side, it is usually a good idea to wait 3-5 extra days. Aug 10 would certainly be OK. Her case sounds pretty straightforward, and I don't see any need to use a lawyer. She has a regular, non-conditional, green card, correct?
I don't know what the lawyer might have been talking about, but it sounds like he was just trying to make a quick buck. There have been no announcements from USCIS recently about any significant changes in the application of the 90 day rule.
 
baikal3 said:
Yes, based on this info, she can submit an application 90 days prior to the 3d year anniversary of the green card approval. This means something like Aug 2 as the earliest date, but to be on the safe side, it is usually a good idea to wait 3-5 extra days. Aug 10 would certainly be OK. Her case sounds pretty straightforward, and I don't see any need to use a lawyer. She has a regular, non-conditional, green card, correct?
I don't know what the lawyer might have been talking about, but it sounds like he was just trying to make a quick buck. There have been no announcements from USCIS recently about any significant changes in the application of the 90 day rule.
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B,

Yes, a non-conditional greencard...lol! I think her case is solid and will advise her to send enough evidence. Yes, that lawyer is a cheap suits, thief as he's trying to loot her money under false pretense. I am thinking of asking her to ask the lawyer to email her the copy of this recent guidelines, and maybe have her to document this abuse and deceptive practices by this lawyer, turn his behind to the bar.
 
Guys,

It seems as if my friend is now convinced she can file without using the lawyer. However, there is an issue of tax transcripts, which she failed to request and just filed a request I believe on yesterday. She's interested in mailing her completed form on Sunday, August 9th, 2010. Can she file without attaching the transcript and bring the returns to the interview? Since she is attaching other evidence listed as follows:

marriage certificate, joint everything on bank accounts, mortgage statements, health-car-home insurance, utility bills (gas, water, electricity), copies of spouse US passport, birth certificates of their only child, escrow account for their house, copy of LPR, photos and check.

I am of the view that since she will eventually be called for an interview, she can just bring the transcript to the interview. I would prefer to hear from you guys if she will get an RFE for the tax docs. She eager to get started after sabbath and wait in line for examination. Once again, she filling under 3 years requirements, anniversary of LPR status is Oct 30, 2010.
 
Al Southner said:
Guys,

It seems as if my friend is now convinced she can file without using the lawyer. However, there is an issue of tax transcripts, which she failed to request and just filed a request I believe on yesterday. She's interested in mailing her completed form on Sunday, August 9th, 2010. Can she file without attaching the transcript and bring the returns to the interview? Since she is attaching other evidence listed as follows:

marriage certificate, joint everything on bank accounts, mortgage statements, health-car-home insurance, utility bills (gas, water, electricity), copies of spouse US passport, birth certificates of their only child, escrow account for their house, copy of LPR, photos and check.

I am of the view that since she will eventually be called for an interview, she can just bring the transcript to the interview. I would prefer to hear from you guys if she will get an RFE for the tax docs. She eager to get started after sabbath and wait in line for examination. Once again, she filling under 3 years requirements, anniversary of LPR status is Oct 30, 2010.
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Bringing tax transcripts to interview instead of sending them in with application is fine. I prefer to tell applicants to send in copies of supporting documents with application if you can, but make sure to bring originals to interview. That way USCIS can't claim they lost your documents if you sent in originals with application.
 
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