Naturalization to U.S. Citizenship - N-400
Representing naturalization applicants is one of our primary services. Scott Mossman previously spent a year directing the naturalization project for a legal services organization, assisting more than 150 applicants that year alone.
Scott's naturalization practice now focuses on representing applicants with a criminal record, including old arrests or convictions for domestic violence, driving under the influence (DUI/DWI), petty theft/shoplifting, crimes of moral turpitude, etc. Scott even represents N-400 applicants with a conviction for simple possession of, or being under the influence of, a controlled substance--IF post-conviction relief in the state criminal court prevents removal for the offense.
Scott represents permanent residents with other types of challenging naturalization issues, including people who need an N-648 Medical Certification for Disability Exception to the English and/or U.S. history and civics tests. He also represents persons with tax issues, child support issues, or extended absences from the United States, as well as male applicants who failed to register for the Selective Service (the U.S. military draft).
For example, Scott successfully has represented naturalization applicants in the following cases:
- A San Jose-area software engineer with an arrest for alleged domestic violence that resulted in a no-contest plea to California Penal Code section 415(1) (fighting in public).
- An elderly woman that needed a waiver of the English and U.S. history and civics examinations. Before Scott began representing her, USCIS had denied two N-648's filed on her behalf. Scott ensured that the neurologist who completed the third waiver application adequately explained the nexus (connection) between her condition and her inability to learn.
- A man who had taken a trip outside of the U.S. of more than six months. We established that he did not abandon his permanent resident status.
- A man with several prior arrests and convictions, including a case for simple possession of a controlled substance that resulted in pre-plea diversion. We presented evidence the man reformed after a near-death experience, and the naturalization examiner granted the application.
- A man with a previous denial of naturalization for an old domestic violence conviction under California Penal Code section 243(e)(1). We represented him the second time around and got an approval after we submitted evidence he made profound changes in his life due to his religious conversion, new marriage, and the birth of his children.
Please note, however, that USCIS decides each case on its individual merits. You should not consider Scott's successes in the above cases to be a guarantee, warranty, or prediction of success in your case.
Request for New Naturalization Hearing - N-336
Some of the successes described above came after the applicant initially applied for naturalization without an attorney, was denied, and then hired Scott to request a new hearing on the decision.
If USCIS has denied your naturalization application, you should consult with an attorney immediately to determine whether it would be worthwile to request a new hearing. The form used for that purpose is Form N-336. The new hearing will be by a different officer who usually is more experienced. You may also present additional evidence with the N-336.
The best course, though, is to consult with a lawyer before filing the N-400 in the first place.
Citizenship Through Parent(s) - N-600
A person may become a United States citizen automatically under certain circumstances, even if not born on U.S. soil. One may derive citizenship through the Child Citizenship Act of 2000 (CCA) if, before the person reaches the age of 18, one of his or her parents is a U.S. citizen (through birth or naturalization) and the person is admitted to the U.S. as a permanent resident. Prior to the CCA, the law was more restrictive. Consult with a lawyer to determine whether the prior law or the CCA applies in your case. Different and/or additional requirements exist for adopted children and for children born out of wedlock to obtain citizenship through the father.
A person may also acquire U.S. citizenship at birth through one or both parents. This is known as jus sanguinis, Latin for right of blood to nationality. The law on acquisition of citizenship at birth has changed several times throughout United States history, and the law in effect on the date of birth controls.
Scott can analyze your potential claim to citizenship and help you document it for an N-600 or U.S. passport application.