citizenshipyes

Biographies of our citizenship attorneys

Attorney Michael Boyle has practiced immigration law since 1993. The Martindale-Hubbell attorney rating service* has assigned him its highest rating, AV. He is listed in The Best Lawyers in America* and Connecticut and New England SuperLawyers, and is a James Cooper Fellow of the Connecticut Bar Association. He was a member of the Board of Governors of the American Immigration Lawyers Association and the Chapter Chair of the Association’s Connecticut chapter from 2003-2005. He has provided training presentations for the American Immigration Lawyers Association and its Connecticut chapter, the Connecticut Bar Association, the Federal Bar Association, the Connecticut public defender’s office and other groups.

Attorney Boyle was the Chief Negotiator for Locals 34 and 35, Federation of University Employees, UNITE HERE, at Yale from 1991 to 2005. He is a graduate of Yale (BA, 1979), the School of Oriental and African Studies, University of London (MA, 1980), and the University of Connecticut (JD, 1993). He speaks Portuguese and Spanish.

Attorney Isabelle Barreira handles a wide range of family, citizenship, domestic violence and employment green card cases. She speaks Portuguese, Spanish and French. Attorney Barreira is a graduate of the Quinnipiac University School of Law and Western Connecticut State University.

*Martindale-Hubbell, Best Lawyers in America and SuperLawyers organize and publish attorney peer review ratings. Ratings reflect the opinions of attorneys and judges.

Contact us

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Feel free to send us suggestions or questions about this site.

Information for attorneys

Referring cases to citizenshipnow.com

If you find that you cannot complete citizenship cases economically for your former green card clients, but would like them to have counsel rather than applying on their own, please refer them to citizenshipnow.com. We will strive to take good care of them. The investment that we have made in our site and training attorneys allows us to provide solid service while charging a low fee.

Accepting referrals of complex cases from us

We are always interested in learning about attorneys with experience handling complex naturalization cases that are not well-suited to our telephone consultation format, for example: criminal problems, good moral character or length-of-residence issues, long-delayed cases where federal court action may be the best course, etc. Our main goal in making these referrals is seeing that our noncitizen clients are well-represented. When we make a referral, we do not seek any fee beyond the initial $400 fee that our noncitizen client paid us to review his or her case. Use our contact form to reach us if you are an experienced immigration attorney who might be interested in receiving this kind of referral.

Handling citizenshipnow.com cases

We are also looking for attorneys who might like to handle cases for us on a contract basis. We offer free training about citizenship to attorneys. Use our contact form to reach us if you might be interested.

Why I started this site

I created citizenshipyes.com to help green card holders apply for citizenship with greater confidence and speed than they could on their own, or to discover in a safe, secure way if applying for citizenship might cause problems for them.

I have helped many people apply for citizenship, but as the years passed, it seemed like I met with more and more people who had problems when they applied for citizenship on their own. Many resolved the problems, but wasted time in the process; others had applications denied unnecessarily and had to apply again, and others (not so many, but too many) had their applications denied and ended up facing deportation. Most had applied on their own because they thought citizenship applications were easy and lawyers were expensive.

As I helped my regular clients, I noticed that I spent as much or more time helping them remember and organize routine information like their old addresses as giving them legal advice about their naturalization applications. It occurred to me that if clients could organize their routine information and enter it into my office’s computer system, the time saved would allow an attorney to review and complete their applications and give them the legal advice they need for a very reasonable price. That idea was the genesis of this site. I hope this site and our attorneys can help most of you get your citizenship more quickly and safely than you could on your own, and help a few of you avoid making applications that could land you in serious trouble. If you have ideas for how we can improve our site or our service, please email me using our contact form.

Sorry, our online citizenship application page is not ready yet

We are testing it now, and hope that it will be ready soon.

Do you need a lawyer?

I think so. Here’s why.

You don’t really know the law.

Immigration law is complicated. Citizenship law is complicated. The length of the citizenship form and the questions on it give some hint of this, but they are just the start of the problem. Can paying your taxes late or being behind on alimony or child support affect your naturalization application? How about a having had a shoplifting charge dismissed after you completed a program suggested by a court? What about having extended your visit to your home country from two months to seven months when your father or mother became ill while you were visiting? Any of these situations and dozens of others could be a problem. At least one of these problems could result in your being placed in removal proceedings (deportation). Whether something could cause problems in your case varies on when it occurred, the exact facts of what happened, what the laws of your state are and on how you explain them in your application and at your interview.

Don’t make the mistake of relying on the advice of relatives and friends or copying their old applications. Have an attorney prepare your application.

You don’t know the Immigration Service.

An Immigration examiner’s job is to enforce the law. The examiner is not a teacher, guidance counselor or therapist. He or she is not here to be “on your side.” While most examiners are businesslike and many are helpful and friendly, it is not their job to get you out of a jam if you are ineligible for citizenship or deportable or to teach you what you should have known before you applied.

Worse still, a significant minority of examiners have negative attitudes. What you might think of as a small problem (carrying an expired driver’s license, forgetting to list a thirty-year old dismissed criminal charge on your application, marital problems, or changing jobs soon after getting your green card) may seem large to a jaundiced examiner.

Bottom line

Hoping that the examiner will like you and help you over any bumpy moments of your interview is not a sound strategy for gaining citizenship. Having a lawyer complete your application and advise you makes more sense.

Gather your data

The citizenship application form asks for a lot of data. To use our service you need to gather that data before you go to our Begin applying page. You will need to gather the same data if you want to try to apply on your own. A list of what you need follows. If you want to be especially well-prepared to use our service, download the Acrobat document we have prepared that shows exactly what the data entry page will look like and “pre-enter” your data there.

What you need

• your name, and any other names you have used in the past (like maiden names or second last names that you don’t usually use in the U.S.
• your date of birth, height, wieght , race, eye and hair color
• a list of all the trips you have taken outside the U.S. since becoming a permanent resident. Note the start an end dates of each trip, and all countries that you travelled to. (Your passports are probably the best place to get this information.)
• your green card number, and the date and place you were granted permanent residence (these are all on your green card)
• your current address and all your addresses during the last five years. Note the dates you lived at each address
• all your jobs during the last five years. Note your job title, each company’s name and addrress, and when you worked there
• if you are are now married, your date of marriage, and your current spouse’s full name, date of birth, social security number, and address.
  If your spouse was born outside the U.S. and became a U.S. citizen after birth, get their citizenship certificate and note the date and place they acquired citizenship.
  If your spouse is not a U.S. citizen, note your spouse’s country of citizenship. If your spouse has a green card, note your spouse’s A number.
• If you or your current spouse married before, you need to note the name and immigration status (U.S. citizen, permanet resident, etc.) of each prior spouse, the marriage and termination dates of each marriages, and how the marriage ended (e.g., divorce or the prior spouse’s death).
• If you have children, each child’s name, current address, and date and country of birth. If your child has a green card, note the child’s green card number.
• Have you committed a crime since getting your green card? Have you been arrested for drunken driving in the last xxtwo years? If so, you probably should not be using our site to apply for citizenship, and we will likely suggest that you not apply until after you obtain detailed advice from an attorney who specializes in the immigration consequences of crimes. If you do fill out our questionnaire, we will charge you for the consultation, even if we recommend not going forward.
• If you were arrested or stopped by the police but did not commit a crime, did not admit guilt, and charges were nolled or dismissed, you will need to obtain a certified copy of the disposition of the charges from the court. Do this before you fill out our questionnaire. You will also need to be prepared to tell our attorney (and later the immigration examiner) what happened in detail.
  It is essential that you get the certified disposition record before speaking to us or filing. People sometimes misunderstand exactly how a case was resolved. It is easy to confuse a dismissal with suspended sentence or a dismissal after admitting guilt and completing a program. In some cases the difference can result in being detained without bond and deported.

Does this seem like a lot of information? It is. Trust us when we tell you that you are far better off gathering it in advance so that your application will be complete and correct. Cutting corners and submitting an incomplete application and hoping to “fill in the gaps” later on can lead to problems: minor ones, like rejection of your filing or irritating your examiner; or major ones; like having your application denied and being put in removal proceedings.

Good character 2: gray areas; the interview

Many Immigration examiners apply a tough standard when evaluating “gray area” moral character problems. Similarly, many examiners treat errors, small evasions or misunderstandings that arise during the interview as evidence of bad moral character. Be aware that your examiner – however polite he or she may be – may take a very critical view of your past errors and your answers during the interview. It is also common for naturalization examiners to review how you got your green card and to critically examine changed circumstances like a divorce shortly after gaining a green card through marriage, or a job change shortly after gaining a green card through work.

Lesser crimes, drinking, taxes, child support

Minor crimes and many other problems may be considered against you, especially repeat offenses or a negative trend that carries over into the three- or five-year good moral character period. Examples include:

• a drinking problem, especially if you have more than one alcohol-related arrest (DUI, disorderly conduct, etc.), unless there is clear evidence of rehabilitation
• willing failure to register for the draft
• failure to pay child support or alimony
• failure to file tax returns or pay taxes timely

Many examiners will give you the benefit of the doubt if you took action to correct tax, child support or alimony problems shortly after they arose. Gather evidence like payment agreements, receipts, or cancelled checks to show the efforts you made.

Review of how you got your green card

Expect close scrutiny of how you got your green card, even if you got it twenty years ago. Some common problems: Did you separate or divorce shortly after getting your final green card through marriage?; Were you sponsored by an employer but never started work in the job or changed jobs very quickly after getting your green card?; Did you get your green card in the 1987-88 amnesty programs using false evidence?; Did you get your green card as an unmarried child but had married before your application was finally approved?. Be prepared to prove that there were no problems with your original application, even if you got your green card many years ago. Do not assume that your having been approved long ago will cover you today.

Problems at the interview

During your interview be careful to not lie, be evasive or repeat or reinforce errors in your application. Some USCIS examiners treat errors or misunderstandings (like forgetting or downplaying a past arrest or tax problem) as false testimony and deny the application, even if the errors or misunderstandings themselves would not be a basis for denying your application.

Be prepared, be honest

You can avoid serious problems by carefully recalling your personal, immigration and criminal history, reviewing it with your attorney prior to applying, and being honest and direct with the examiner during your interview. Avoid being defensive or blaming others for past problems. If you have any doubts about your immigration history, or whether you might have been arrested or filed or paid taxes late, request those records and consult an attorney before you start applying for citizenship.

Good character 1: bars, arrests, crimes

You must demonstrate good moral character for the full three- or five-year residence period; Immigration may also consider earlier conduct, particularly if it is related to problems in the three- or five-year period. Although the legal definition of good moral character for naturalization purposes is character consistent with “the standards of average citizens” in your community, a surprising number of applicants are rejected for failure to meet the good moral character requirement for citizenship.

Why? Some bars to establishing good moral character are complex, and others fall into “gray areas,” subject to varying interpretation. Many Immigration examiners apply a tougher standard than the basic definition would suggest or treat errors or misunderstandings that arise during the interview as evidence of bad moral character. Be aware that your examiner – however polite he or she may be – may take a very critical view of your past errors and your answers during the interview.

Automatic bars

Several problems automatically bar you from proving good moral character even if they occurred long before the three- or five-year good moral character period. Among the most common are:

• conviction of an aggravated felony after November 1991 (The list of aggravated felonies is long, and – in spite of the name – includes many misdemeanors.)
• falsely claiming to have been a US citizen after 1996

Others constitute an automatic bar if they occured in the three- or five-year good moral character period. Even after this time has passed and they no longer bar naturalization absolutely, they will likely have a negative impact on your application:

• committing a crime involving moral turpitude (a broad category that includes minor theft offenses like shoplifting)
• having been convicted of two crimes for which a suspended or actual sentence of five years or more was imposed
• committing any drug offense (except for a single incident of possession of less than 30g of marijuana) or giving Immigration reason to believe you were involved in drug selling
• having spent a total of 180 days in jail
• involvement in prostitution
• involvement in smuggling someone into the US
• giving false testimony under oath

Many of these grounds can also subject you to being placed in removal (deportation) proceedings, even for old offenses. Many people are put into removal proceedings because they unwisely made citizenship applications that brought their past offenses to Immigration’s attention.

A note about arrests and crimes

Many people think of arrests as dramatic events where bad guys are rounded up, handcuffed, and thrown into a crowded cell at the police station. However, most arrests involve a police offer handing you a citiation that you have to answer in court (or in some cities and states by pleading no contest or guilty through the mail). Think very hard (or better still consult an immigration lawyer) before saying that you have never been arrested.

In addition, many people who are arrested participate in court programs that result in the charges being dropped and a judge telling them that they can answer no when asked if they have been arrested. Immigration does not agree that these arrests “no longer exist.” Immigration requires applicants to list the arrest and how the case was decided on Form N-400. Whether Immigration recognizes the court dismissal of the charges as a dismissal or as a conviction varies depending on state law. It may not seem fair, but some state court dismissals are considered convictions for immigration purposes. This is another reason that it makes sense to get an attorney’s advice before applying for citizenship.

Residence and physical presence requirements

What you need in a nutshell

• Three months residence in the USCIS district where you will apply for citizenship
• Five years of continuous residence in the US (only three years if you have been married to and living with your US citizen spouse)
• You must be physically present in the US for half of the three- or five-year period

What residence means

Residence means your principal dwelling place, in other words, where you really live. If you have a second residence outside the country, CIS must consider it to be secondary to your United States residence.

Three months local residence

You have to have lived in the state or CIS district where you will be interviewed for three months prior to filing your naturalization application. If you have moved to a new USCIS district in the last ninety days, don’t apply until you have ninety days at your new address.

Five years (or three) of continuous residence in the United States.

You must have resided in the US continuously for five years just prior to filing your N-400 application. The time period is reduced to three years if you have been married to and living with your United States citizen spouse for the three years or if you gained residence based on having been battered by your United States citizen spouse (also called a VAWA application.)

The rules on disruption of residence can be tricky. CIS will likely consider your residence to be disrupted if you travel outside of the US for more than 180 days. If at all possible, avoid traveling outside the US for more than 180 days at a time. If you did travel for more than 180 days, preserve evidence that you did not intend to disrupt your residence when you took the trip. Try to show that you kept your job, house or apartment, bank accounts, car, etc. here in the US. If your trip was unexpectedly prolonged by a relative’s sudden illness, get medical records to show this.

CIS will consider your residence to be disrupted if you travel for a year or more, even if you requested a travel permit in advance. Limited exceptions exist for government personnel, missionaries and employees of US companies stationed overseas who file Form N-470 to preserve their residence for citizenship purposes. Again, if gaining citizenship is important to you, plan in advance and divide your travel into shorter trips of under 180 days.

Physical presence: half of the required three- or five-year period prior to filing

You must have been physically present in the United States for at least half of the five- or three-year pre-filing period: To see if you meet this requirement, just count the days that you spent in and out of the United States in the three- or five-year period. For the purposes of measuring residence and physical presence, the United States includes Puerto Rico, Guam, and the Virgin Islands.

Passing the English and civics tests

Most applicants will need to understand and answer questions in English and to write one or two sentences in English. They also need to correctly answer six questions on a ten-question test about US civics and history.

Who does NOT have to read and write English

If you are over fifty-five years old and have had a green card for at least fifteen years or are over fifty and have had a green card for at least twenty years, you can be interviewed and answer the civics and history questions in your own language and you do not have to demonstrate your ability to read and write. In addition, applicants whose disability prevents them from being able to show their English proficiency can be exempted from either part of the testing or given a modified procedure based on their disability. Disability waivers are very hard to obtain and require an expert medical opinion. See our disability page for more information.

Are the tests hard?

If you completed high school in the US or another English-speaking country, you probably have little to fear in the English language portion of the exam. However, written English tends to be the biggest obstacle for applicants who did not grow up speaking English.

In the new testing system, the sentences you will be asked to write use words that relate to US history and civics. While this might seem harder than the old system, USCIS has given you a vocabulary list to study from. If you take the time to learn the spelling of these words, you should be able to do well.

Vocabulary for the new writing test

PEOPLE

• Adams
• Lincoln
• Washington

CIVICS

• American Indians
• capital
• citizens
• Civil War
• Congress
• Father of Our Country
• flag
• free
• freedom of speech
• President
• right
• Senators
• state/states
• White House

PLACES

• Alaska
• California
• Canada
• Delaware
• Mexico
• New York City
• Washington
• Washington, D.C.
• United States

MONTHS

• February
• May
• June
• July
• September
• October
• November

HOLIDAYS

• Presidents’ Day
• Memorial Day
• Flag Day
• Independence Day
• Labor Day
• Columbus Day
• Thanksgiving

VERBS

• can
• come
• elect
• have/has
• is/was/be
• lives/lived
• meets
• pay
• vote
• want

OTHER WORDS (what USCIS calls function words)

• and
• during
• for
• here
• in
• of
• on
• the
• to
• we

OTHER WORDS (what USCIS calls content words)

• blue
• dollar bill
• fifty/50
• first
• largest
• most
• north
• one
• one hundred/100
• people
• red
• second
• south
• taxes
• white

If you applied for citizenship prior to October 1, 2008 and get tested prior to October 1, 2009, you have the option of taking the new or old tests. Here are sample sentences to use in studying for the old test.

Sample sentences for the old writing test

He came to live with his brother.

He has a very big dog.

People vote for the President in November.

The American flag has stars and stripes.

The Constitution is the supreme law of our land.

They have horses on their farm.

They live together in a big house.

He wanted to talk to his boss.

Study or get help prior to filing your application, and keep studying while you wait to be interviewed. English spelling is difficult and irregular. You cannot learn it by studying a lot at the last minute.

Citizenship civics and history test

Everyone except for a limited number of disabled applicants has to pass the civics and history test. As noted above, older applicants with long residence may take this exam in their own language.

You will be asked ten questions randomly selected from a standard list. You to answer at least six questions correctly to pass. Take some time to study the questions on the list you will be tested on. Fortunately, whether in English or in translation, diligent study over of few weeks should be enough for you to take the exam with confidence.

If you applied for citizenship prior to October 1, 2008 and get tested prior to October 1, 2009, you have the option of being tested on the new or old list of questions. Applicants over sixty-five have their questions selected from a twenty-five question list. For the new test, the twenty-five questions are marked with asterisks (the star * sign) on the new question list. For the old test, there is a separate twenty-five question list.

Second chance

If you do not meet the English or civics requirements on your first try, you get one additional chance at no charge. Your second interview should take place within two to three months.

Are you eligible to naturalize?

Are you eligible to apply for citizenship? from Michael Boyle on Vimeo. 2 min.
Do you meet the minimum eligibility requirements for naturalization? Some of the requirements are easy to understand and measure, while others are more complicated and difficult to assess. This page of our site (and the next one, called “Should you apply?”) offer an introduction via written materials, podcasts or videos. More importantly, if you use our service, an attorney will review your application, answer your questions, and help ensure that you meet the requirements to naturalize.

The basics

• Are you 18, or older?
• Have you been a permanent resident for five years? (Or three years, if you have been married to and living with your U.S. citizen spouse.)
• Have you lived in the United States for at least half that time?
• Can you get at least six answers right on the ten-question test about United States history and government that will be given during your interview?
• Are you prepared to take the Oath of Allegiance to the United States?

Other requirements are more complex or harder to measure

• Do you read, write and speak English? Most applicants will need to understand and answer questions in English and to write one or two sentences in English. However, there are some exceptions and limitations to assist older or disabled applicants.
• Have you “broken the continuity” of your residence by extended travel outside the United States? (Travel six months or more can lead to denial of your application; travel of over a year can result in losing your green card.)
• Do you have good moral character? This term encompasses many bases for disqualification. Some are obvious and easy to accept (no murders!), others are much less obvious and may or may not lead to denial of your application depending on when they occur.

An attorney can be a valuable guide in ensuring that you meet all the requirements to naturalize. While the materials on our site can be of value in educating yourself about the requirements for citizenship, they are not a substitute for a detailed, frank consultation with one of our attorneys.

Should you apply for citizenship?

Should you apply? from Michael Boyle on Vimeo. 3 min.

The advantages of citizenship

The advantages of citizenship are significant, and obvious. You can vote. You can sponsor a broader range of relatives to immigrate to the US, and bring them here more quickly and easily than a permanent resident can. Your permanent resident children, under eighteen and in your custody, automatically acquire citizenship when you do. You enjoy more favorable estate tax treatment than permanent residents. You cannot be deported. You may be eligible for government benefits that permanent residents are not. You can travel or live abroad for as long as you want without having to worry about losing your right to live in the United States.

And the disadvantages…

Remember that when you make a naturalization application, you open your whole life to close scrutiny by the government. Tax problems, family problems, legal or criminal problems, and even immigration problems from the distant past are all of interest to the government. In the worst case, a citizenship application can lead to deportation. In our materials we try to point out some of the most common problems. Others can be unearthed as you review and complete your application with one of our attorneys.

Another concern is how becoming a citizen of the United States can effect your status in your country of nationality or birth. Does that country recognize dual nationality, or will you lose your status there? Our written materials provide some guidance, but you may want to speak to your “other” country’s consulate or consult a lawyer from that country.

Finally, the application process is time-consuming, stressful, and not inexpensive. The questionnaire is long, and the real significance of the questions is not always obvious. If everything goes smoothly, you can expect to pay $675 in fees to the government, and to lose at least half a day of work when you go for your interview. If you have not anticipated what Immigration wants or if you encounter other problems, you will likely spend additional time, and perhaps money, responding to a request for evidence, returning for a second interview, or making an appeal or second application. (Or you may give up in frustation and have an abandonment or denial on your record.)

Our service is designed to provide you with guidance in preparing and pursuing (or deciding not to pursue) your naturalization. We want you to have a realistic understanding of the citizenship process and any risks in your case. If you decide to go forward, we want the process to go as smoothly as possible for you.

Citizenship application help and information

We are citizenship attorneys. Our site offers a lot of information about citizenship: who is eligible, who should and should not apply, updates on immigration law, etc.

If you need information on the new English writing and civics and history tests recently introduced by USCIS, please visit our Passing the English and civics tests page. The new tests are optional if you applied for citizenship prior to October 1, 2008 and get tested prior to October 1, 2009. Everyone who applies after October 1, 2008 will use the new tests.

In the next few weeks we hope to also add a new service designed to help you apply for citizenship with the advice of an attorney at a very reasonable price. You will enter basic biographical, address, employment and travel information on the data entry page of our site. Then one of our attorneys will call you to review your information, complete your application and give you the legal advice you need. In most cases that consultation will result in our sending you your completed application to file with Immigration; in a few cases the result will be our advising you not to apply at all, or suggesting that you seek the help of an attorney in your area because your case has serious problems.

For now, enjoy browsing the site and learning about applying for citizenship. Feel free to send us an email with your suggestions on improving the site.

Tip of the week:

The new exam works well for our clients