By Asim Kilinc, Immigration Attorney at CK Law Firm

Becoming a U.S. citizen is a significant milestone for many immigrants. The process, however, can be complex and time-consuming. As an immigration attorney, I have guided many clients through this journey. In this detailed guide, I will provide step-by-step instructions for applying for U.S. citizenship, including preparation tips for the citizenship test.

Step 1: Determine Your Eligibility

Before applying for U.S. citizenship, you must ensure that you meet the eligibility criteria:

• Age: You must be at least 18 years old.
• Permanent Resident Status: You must have been a lawful permanent resident (Green Card holder) for at least 5 years, or 3 years if you are married to a U.S. citizen.
• Physical Presence: You must have been physically present in the U.S. for at least 30 months out of the last 5 years, or 18 months out of the last 3 years if married to a U.S. citizen.
• Continuous Residence: You must have lived in the U.S. continuously for the specified period.
• Good Moral Character: You must demonstrate good moral character, which generally means having no serious criminal record.
• English and Civics Knowledge: You must have a basic understanding of English and U.S. government and history.

Step 2: Complete Form N-400

The next step is to complete Form N-400, Application for Naturalization. Here’s how:

• Download Form N-400: Visit the USCIS website to download the form and instructions.
• Fill Out the Form: Provide accurate and complete information. Common sections include personal information, residence and employment history, travel history, and criminal background.
• Sign and Date: Ensure that you sign and date the form before submission.

Example: I once had a client, John, who was unsure about how to fill out the travel history section. We carefully reviewed his travel dates to ensure accuracy, avoiding potential delays.

Step 3: Gather Supporting Documents

Along with Form N-400, you will need to submit several supporting documents:

• Photocopy of Your Green Card: Both sides.
• Proof of Marriage: If applying based on marriage to a U.S. citizen.
• Proof of Termination of Prior Marriages: If applicable.
• Two Passport-Style Photos: If residing outside the U.S.
• Additional Documents: Depending on your specific situation, such as evidence of military service or tax records.

Step 4: Submit Your Application

Submit your completed Form N-400, supporting documents, and the application fee to USCIS. You can file online or by mail. The current fee is $725, which includes the $640 application fee and the $85 biometric services fee.

Example: Sarah, another client, opted to file her application online, which streamlined the process and allowed her to track the status of her application easily.

Step 5: Attend the Biometrics Appointment

After submitting your application, you will receive a notice for a biometrics appointment. During this appointment, USCIS will take your fingerprints, photograph, and signature for background checks.

• Prepare for the Appointment: Bring your appointment notice, Green Card, and another form of ID (e.g., passport or driver’s license).
• Appointment Day: Arrive early and follow the instructions provided by the USCIS officer.

Step 6: Prepare for the Citizenship Interview and Test

The citizenship interview and test are crucial components of the naturalization process. Here’s how to prepare:

1. Study for the Civics Test

• Study Materials: Use the official USCIS study materials.
• Topics: U.S. history, government, symbols, and holidays.
• Practice Tests: Take practice tests to gauge your readiness.

2. Improve Your English Skills

• Reading and Writing: Practice reading and writing simple sentences in English.
• Speaking and Listening: Engage in conversations with English speakers to improve your listening and speaking skills.

Example: David, a client who struggled with English, enrolled in ESL (English as a Second Language) classes and used USCIS flashcards to study for the civics test. This preparation helped him pass both the language and civics tests confidently.

Step 7: Attend Your Citizenship Interview

You will receive an appointment notice for your citizenship interview. Here’s what to expect and how to prepare:

• Review Your Application: Familiarize yourself with the information you provided in Form N-400.
• Bring Required Documents: Appointment notice, Green Card, passport, state ID, and any additional documents requested by USCIS.
• Interview Day: Dress professionally, arrive early, and be polite and honest during the interview.

Common Questions: The USCIS officer will ask questions about your application, background, and your understanding of U.S. civics. They will also assess your English proficiency.

Step 8: Receive a Decision

After your interview, USCIS will notify you of their decision:

• Granted: If approved, you will receive a notice for the Oath of Allegiance ceremony.
• Continued: If additional information is needed, USCIS will provide instructions.
• Denied: If denied, USCIS will provide reasons and information on how to appeal.

Step 9: Attend the Oath of Allegiance Ceremony

If your application is approved, you will be scheduled for an Oath of Allegiance ceremony. This is the final step in the naturalization process:

• What to Bring: Your appointment notice, Green Card, and any other required documents.
• Ceremony Day: You will take the Oath of Allegiance, receive your Certificate of Naturalization, and officially become a U.S. citizen.

Example: Maria, a client from Mexico, described her Oath of Allegiance ceremony as one of the proudest moments of her life. She was joined by her family and friends, making it a memorable celebration.

Conclusion

Applying for U.S. citizenship is a significant and rewarding journey. By following these step-by-step instructions and preparing thoroughly for each stage, you can navigate the process with confidence. At CK Law Firm, we are committed to supporting you every step of the way. Contact us today for expert legal advice and personalized assistance.

By Ergul Celiksoy, Immigration Attorney at CK Law Firm

The United States offers a variety of work visas for individuals seeking employment opportunities. Navigating these options can be complex due to the different requirements, application processes, and benefits associated with each visa type. This comprehensive guide will explore the most common work visas available in the U.S., including the H-1B, L-1, and O-1 visas, providing detailed information to help you determine the best option for your specific situation.

H-1B Visa: Specialty Occupations

Overview The H-1B visa is designed for foreign workers in specialty occupations that require theoretical or technical expertise in fields such as IT, engineering, mathematics, science, and medicine.

Eligibility Requirements

• Job Offer: Must have a job offer from a U.S. employer for a specialty occupation.
• Educational Qualifications: Must hold a bachelor’s degree or higher in the specific specialty, or its equivalent.
• Employer Sponsorship: The U.S. employer must sponsor the visa and demonstrate that they are paying the prevailing wage for the position.

Application Process

1. Labor Condition Application (LCA): The employer must file an LCA with the Department of Labor (DOL).
2. Form I-129: The employer files Form I-129, Petition for a Non-immigrant Worker, with USCIS.
3. USCIS Decision: USCIS reviews the petition and makes a decision. If approved, the applicant can apply for an H-1B visa at a U.S. consulate or embassy.

Validity and Extensions

• Initial Period: Up to three years.
• Extensions: Can be extended for up to six years, with some exceptions for longer durations under certain circumstances.

Example: John, an IT professional, received an H-1B visa sponsored by a leading tech company. His employer filed the LCA and Form I-129, and after USCIS approval, John obtained his visa and started working in the U.S.

L-1 Visa: Intra-Company Transferees

Overview The L-1 visa is for employees of international companies who are being transferred to a parent, branch, affiliate, or subsidiary of the same company in the U.S. It is divided into two categories: L-1A for managers and executives, and L-1B for employees with specialized knowledge.

Eligibility Requirements

• Employment: Must have been employed by the foreign company for at least one continuous year within the three years preceding the application.
• Position: Must be transferring to a managerial, executive, or specialized knowledge position in the U.S.

Application Process

1. Form I-129: The U.S. employer files Form I-129, Petition for a Non-immigrant Worker, with USCIS.
2. Supporting Documents: Include proof of the qualifying relationship between the U.S. and foreign entities and evidence of the applicant’s employment and qualifications.

Validity and Extensions

• L-1A Visa: Valid for up to three years, with extensions available for a maximum of seven years.
• L-1B Visa: Valid for up to three years, with extensions available for a maximum of five years.

Example: Maria, an executive at a multinational corporation, was transferred to the company’s U.S. branch on an L-1A visa. The company filed Form I-129 along with supporting documents, and after USCIS approval, Maria began her role in the U.S.

O-1 Visa: Individuals with Extraordinary Ability or Achievement

Overview The O-1 visa is for individuals with extraordinary ability in sciences, arts, education, business, athletics, or extraordinary achievement in the motion picture and television industry.

Eligibility Requirements

• Extraordinary Ability: Demonstrated by sustained national or international acclaim and recognized achievements.
• Evidence: Must provide extensive documentation of their extraordinary ability, such as awards, publications, and high salary.

Application Process

1. Form I-129: The employer or agent files Form I-129, Petition for a Non-immigrant Worker, with USCIS.
2. Consultation: A written advisory opinion from a peer group, labor organization, or management organization in the applicant’s field of expertise.
3. Supporting Documents: Include evidence of extraordinary ability and the job offer or itinerary in the U.S.

Validity and Extensions

• Initial Period: Up to three years.
• Extensions: Can be extended in one-year increments based on the time required to complete the initial event or activity.

Example: Ahmed, a world-renowned scientist, was offered a research position at a prestigious U.S. university. The university filed Form I-129, along with extensive evidence of Ahmed’s achievements and a peer advisory opinion. After USCIS approval, Ahmed obtained his O-1 visa and began his research in the U.S.

Additional Work Visa Options

1. E-1/E-2 Visa: Treaty Traders and Investors

• E-1 Visa: For individuals engaged in substantial trade between the U.S. and their treaty country.
• E-2 Visa: For individuals investing a substantial amount of capital in a U.S. business.

2. TN Visa: NAFTA Professionals

• Available to Canadian and Mexican citizens in certain professional occupations as specified under the North American Free Trade Agreement (NAFTA).

3. H-2A/H-2B Visa: Temporary Agricultural and Non-Agricultural Workers

• H-2A Visa: For temporary agricultural workers.
• H-2B Visa: For temporary non-agricultural workers in seasonal or peak-load positions.

Conclusion

Exploring the various work visa options in the U.S. can open doors to numerous professional opportunities. Understanding the requirements and application processes for each visa type is crucial for a successful application. At CK Law Firm, we are dedicated to providing expert legal support tailored to your unique situation. Contact us today to discuss your immigration needs and explore how we can help you achieve your professional goals in the United States.

By Asim Kilinc, Immigration Attorney at CK Law Firm

Receiving a denial on your immigration application can be disheartening and stressful. However, it is not the end of the road. There are steps you can take to address the denial and possibly reverse the decision. This guide will provide advice on what to do if your immigration application is denied and explain the appeals process in detail.

Understanding Immigration Denials

Immigration applications can be denied for various reasons, including:

• Incomplete or Incorrect Information: Missing or inaccurate information on your application.
• Ineligibility: Not meeting the eligibility criteria for the visa or immigration benefit you applied for.
• Lack of Evidence: Insufficient documentation to support your application.
• Criminal Background: Issues related to criminal history or security concerns.
• Failure to Attend Appointments: Missing biometrics, interviews, or other required appointments.

Immediate Steps After a Denial

1. Review the Denial Notice

• Carefully read the denial notice to understand the specific reasons for the denial. The notice will include important information on why your application was rejected and any options for appeal or reconsideration.

2. Consult with an Immigration Attorney

• Seek advice from an experienced immigration attorney to assess your case and determine the best course of action. An attorney can help you understand your options and guide you through the appeals process.

Example: Sarah received a denial notice for her H-1B visa application due to insufficient evidence of her educational qualifications. We reviewed the notice and helped her gather additional documentation to support her case.

The Appeals Process

If you believe the denial was in error, you may have the option to appeal the decision. Here’s how to navigate the appeals process:

1. File a Motion to Reopen or Reconsider

• Motion to Reopen: Request to have your case reopened with new evidence or facts that were not available at the time of the original decision.
• Motion to Reconsider: Request to have your case reconsidered based on the argument that the original decision was incorrect due to a misapplication of the law.

Form I-290B

• Use Form I-290B, Notice of Appeal or Motion, to file either motion. This form must be filed within 30 days of receiving the denial notice (33 days if the notice was mailed).

Supporting Documents

• Include any new evidence or arguments to support your motion. Clearly explain why the original decision should be reconsidered or reopened.

Example: Ahmed’s asylum application was denied. We filed a Motion to Reopen with new evidence of persecution in his home country, which was not available at the time of his original application.

2. File an Appeal with the Administrative Appeals Office (AAO)

• If your motion is denied or if you choose to appeal directly, you can file an appeal with the AAO.

Form I-290B

• File Form I-290B to appeal the decision. Ensure the form is complete and includes all necessary supporting documents.

AAO Review Process

• The AAO will review your appeal and make a decision. This process can take several months, depending on the complexity of the case.

Example: John’s employment-based green card application was denied. We filed an appeal with the AAO, providing detailed legal arguments and additional evidence to support his eligibility.

3. Appeal to the Board of Immigration Appeals (BIA)

• For certain immigration decisions, you may appeal to the BIA. This is typically used for cases involving removal or deportation.

Notice of Appeal

• File a Notice of Appeal with the BIA within 30 days of the immigration judge’s decision.

Supporting Documents

• Include a brief explaining the reasons for the appeal and any supporting evidence.

Example: Maria faced removal proceedings and received an unfavorable decision from the immigration judge. We filed an appeal with the BIA, presenting strong legal arguments to support her case.

Tips for a Successful Appeal

1. Act Quickly

• Time is critical when filing motions or appeals. Ensure you meet all deadlines to avoid missing your opportunity for reconsideration.

2. Gather Strong Evidence

• Collect comprehensive and convincing evidence to support your case. This can include additional documentation, expert testimony, or new facts that were not previously considered.

3. Prepare a Detailed Legal Argument

• Clearly explain why the denial was incorrect, referencing specific laws and regulations. An experienced immigration attorney can help craft a compelling legal argument.

4. Maintain Consistency

• Ensure that all information provided in your appeal is consistent with your original application and any previous submissions.

Example: David’s visa application was denied due to inconsistencies in his travel history. We carefully reviewed all documents, corrected the inconsistencies, and provided a detailed explanation in his appeal.

Alternative Options

If an appeal is not feasible or successful, consider alternative options:

1. Reapply

• You may choose to reapply for the same visa or immigration benefit, addressing the issues that led to the denial.

Example: Jane’s student visa was denied due to missing financial documents. We gathered the required documents and successfully reapplied for her visa.

2. Explore Other Visa Options

• If your circumstances have changed, you may be eligible for a different type of visa or immigration benefit.

Example: Alex’s work visa application was denied. We explored other options and determined that he was eligible for an investor visa, which he successfully obtained.

Conclusion

Handling immigration denials and appeals requires a thorough understanding of the process and careful preparation. By taking immediate action, seeking legal assistance, and presenting strong evidence, you can improve your chances of a successful outcome. At CK Law Firm, we are committed to helping you navigate the complexities of immigration law and achieve your goals. Contact us today for expert legal advice and support.

By Asim Kilinc, Immigration Attorney at CK Law Firm

For many non-immigrants in the U.S., the need to extend or change their visa status arises due to various reasons, such as prolonged studies, new employment opportunities, or unexpected personal circumstances. Navigating the process of extending or changing your non-immigrant status can be complex and requires careful attention to detail. This guide provides detailed information on how to extend or change your visa status while in the U.S., ensuring compliance with immigration laws and regulations.

Understanding Non-Immigrant Status

Non-immigrant visas are temporary visas granted for specific purposes, such as tourism, business, study, or work. Common non-immigrant visa categories include:

• B-1/B-2: Business and tourist visas
• F-1: Student visas
• H-1B: Specialty occupation worker visas
• J-1: Exchange visitor visas
• L-1: Intra-company transferee visas

Reasons to Extend or Change Your Status

1. Extend Your Stay

• You may need to stay longer than initially planned due to extended studies, continued employment, or personal reasons.

2. Change Your Purpose of Stay

• Your initial reason for visiting the U.S. might change, such as transitioning from a student to a worker or switching from a tourist visa to a student visa.

Step-by-Step Guide to Extending or Changing Your Status

Step 1: Determine Eligibility

Eligibility for Extension

• You must be lawfully admitted into the U.S. with a non-immigrant visa.
• Your visa status must still be valid.
• You have not committed any crimes that make you ineligible.
• You have not violated the conditions of your admission.

Eligibility for Change of Status

• You must meet the eligibility criteria for the new visa category you are applying for.
• You must be lawfully present in the U.S. at the time of application.
• You must not have engaged in unauthorized employment.

Step 2: File the Appropriate Form

For Extension of Stay

• Form I-539: Application to Extend/Change Non-immigrant Status.
• Supporting Documents: Include a copy of your I-94 Arrival/Departure Record, evidence of financial support, and a letter explaining the reason for the extension.

Example: Jane, an F-1 student, needed to extend her stay to complete her degree. We filed Form I-539 with her I-94, proof of continued enrollment, and financial support documents.

For Change of Status

• Form I-539: Used for most status changes.
• Form I-129: Petition for a Non-immigrant Worker, used if you are changing to a work visa like H-1B.
• Supporting Documents: Varies based on the new status, including proof of eligibility for the new status, current I-94, and a letter explaining the change.

Example: Ahmed, on a B-2 tourist visa, decided to pursue a degree. We filed Form I-539, including his I-94, acceptance letter from the university, and proof of financial support.

Step 3: Gather Supporting Documents

Ensure you have all necessary documents to support your application:

• Proof of Financial Support: Bank statements, affidavits of support.
• Proof of Continuous Residence: Lease agreements, utility bills.
• Evidence of Ties to Home Country: To demonstrate intent to return after the temporary stay.
• Employer’s Letter: If changing to a work visa, include a job offer letter and employment verification.

Step 4: Submit Your Application

• Filing: Submit your completed form and supporting documents to USCIS before your current status expires.
• Fee: Pay the required filing fee. Check the USCIS website for the most current fee information.

Example: Sarah, transitioning from an F-1 student visa to an H-1B work visa, needed to file Form I-129. We included her I-94, job offer letter, and proof of her degree completion.

Step 5: Attend Biometrics Appointment (if required)

• Notice: You may receive a notice for a biometrics appointment.
• Appointment: Attend the appointment to have your fingerprints, photo, and signature taken.

Step 6: Wait for USCIS Decision

• Processing Time: USCIS will review your application, which can take several months.
• Stay Informed: Check the status of your application online using the USCIS Case Status tool.

Example: David, an L-1 visa holder, applied to extend his stay. We monitored the case status online and kept him informed throughout the process.

Special Considerations

1. Travel Restrictions

• Avoid international travel while your application is pending, as leaving the U.S. can be considered an abandonment of your application.

2. Overstay Consequences

• Staying beyond your authorized period without filing for an extension or change can result in being out of status, which can affect future immigration benefits.

3. Premium Processing

• For certain visa categories, premium processing is available for an additional fee, expediting the decision-making process.

Conclusion

Extending or changing your non-immigrant status in the U.S. requires careful planning and attention to detail. By following the steps outlined in this guide and seeking the assistance of an experienced immigration attorney, you can navigate the process smoothly and increase your chances of a successful outcome. At CK Law Firm, we are dedicated to providing expert legal support tailored to your unique situation. Contact us today to discuss your immigration needs and explore how we can help you achieve your goals.

By Ergul Celiksoy, Immigration Attorney at CK Law Firm

Preparing for your immigration interview is a crucial step in the immigration process. Whether you’re applying for a visa, green card, or citizenship, the interview can determine the success of your application. Drawing on years of experience as an immigration attorney, I’ve seen firsthand how proper preparation can make a significant difference. This detailed guide will provide you with essential tips, advice, and examples from actual interviews to help you succeed.

Understanding the Importance of the Immigration Interview

The immigration interview is designed to verify the information you’ve provided in your application and assess your eligibility. It’s a formal process where the interviewer will ask questions related to your application, background, and intentions in the U.S. Failing to prepare adequately can lead to misunderstandings, delays, or even denials.

General Preparation Tips

1. Review Your Application Thoroughly

• Example: I had a client, Sofia, who applied for a family-based green card. Before her interview, we reviewed her entire application together. This helped her recall details about her marriage, financial status, and travel history, ensuring consistency in her answers.

2. Gather and Organize Your Documents

• Checklist:
  • Passport and visa
  • Birth certificates
  • Marriage certificates (if applicable)
  • Employment letters
  • Financial documents (bank statements, tax returns)
  • Application forms and receipts
  • Any correspondence from USCIS or the consulate

3. Understand the Interview Format

• Example: Ahmed, another client, was applying for citizenship. I explained that his interview would include questions about his background, his knowledge of U.S. history and government, and his English proficiency. Knowing what to expect helped him feel more confident.

4. Practice Common Questions

• Typical Questions:
  • Why do you want to move to the U.S.?
  • Can you tell me about your employment history?
  • How did you meet your spouse? (for marriage-based applications)
  • Have you ever been involved in any criminal activity?
  • Do you plan to return to your home country?

5. Dress Appropriately

• Dress in professional, conservative attire to show respect for the process and the interviewer.

Specific Interview Scenarios

1. Family-Based Immigration Interviews

• Scenario: Maria was applying for a green card through her U.S. citizen spouse. During the interview, the officer asked about their relationship history, how they met, and their daily routines.
• Preparation Tip: Couples should discuss their relationship details and be prepared to answer personal questions. Bringing photo albums and joint financial documents can also help substantiate the relationship.

2. Employment-Based Immigration Interviews

• Scenario: John was applying for an H-1B visa. The officer questioned his job duties, qualifications, and the sponsoring company’s details.
• Preparation Tip: Review your job description, qualifications, and the company’s background. Ensure that all provided documents, such as employment contracts and letters, are accurate and up-to-date.

3. Naturalization (Citizenship) Interviews

• Scenario: Fatima was nervous about the civics test portion of her naturalization interview. We practiced U.S. history and government questions together, and she studied the official USCIS materials.
• Preparation Tip: Study the 100 civics questions provided by USCIS. Practice reading, writing, and speaking English to prepare for the language portion of the test.

Best Practices for the Day of the Interview

1. Arrive Early

• Plan to arrive at least 30 minutes before your scheduled interview time to account for security checks and any unforeseen delays.

2. Stay Calm and Composed

• Take deep breaths and stay calm. Answer questions honestly and clearly. If you don’t understand a question, it’s okay to ask the officer to repeat or clarify it.

3. Be Honest

• Honesty is crucial. Providing false information can lead to denial and even future immigration issues. If you don’t know the answer to a question, it’s better to say so than to guess or provide inaccurate information.

4. Bring a Translator if Necessary

• If you’re not fluent in English, you can bring a translator. Ensure the translator is certified and familiar with your case.

Post-Interview Tips

1. Follow Up

• After the interview, you may receive a notice with additional requests for evidence or a decision. Respond promptly to any requests to avoid delays.

2. Stay Informed

• Keep track of your case status online using the USCIS or consulate’s case tracking tools. Regularly check for updates and notifications.

3. Consult Your Attorney

• If you have any concerns or receive additional requests for information, consult with your immigration attorney immediately. They can provide guidance on the next steps and help address any issues that arise.

Conclusion

Preparing for your immigration interview is a critical step toward achieving your immigration goals. By thoroughly reviewing your application, practicing common questions, and understanding the interview process, you can approach your interview with confidence. At CK Law Firm, we are dedicated to guiding you through every step of the immigration process. Contact us today for expert legal advice and personalized support.