Requirements for Citizenship by Naturalization

According to the United States Citizenship and Immigration Services (USCIS), the number of applications for naturalization received by the USCIS has significantly increased in recent years.  In order to gain U.S. Citizenship by the naturalization process, individuals must meet numerous requirements.

Generally, the requirements for an applicant to become a U.S. Citizen by naturalization include:

• Must be at least 18 years of age
• Must be lawfully admitted to the U.S. for permanent residence
• Must have resided continuously (no single absence from the U.S. of more than 1 year) as a lawful permanent resident in the U.S. for at least 5 years prior to filing
• Must have been physically present in the U.S. for at least 30 months out of the previous 5 years
• Must show attachment to the principals of the U.S. Constitution
• Must be able to read, write, speak, and understand English (with some exemptions)
• Must demonstrate a knowledge and understanding of the fundamentals of history and of the principles and form of the U.S. government (some exemptions apply)
• Must take the oath of allegiance
• Must show that he/she has been a person of good moral character for the statutory period (usually 5 years)

While “person of good moral character” is not specifically defined, there are numerous actions that preclude an applicant from meeting this requirement including:

• Being convicted of murder
• Being convicted of an aggravated felony as defined in section 101(a)(43)
• Being convicted of crime(s) involving moral turpitude
• Being convicted of 2 or more offenses for which the total sentence imposed was 5 or more years
• Being convicted of any controlled substance law (except a single offense of simple possession of 30 grams or less of marijuana)
• Being convicted of 2 or more gambling offenses
• Practicing polygamy
• Willfully failing or refusing to support dependents

As noted above, some exemptions can apply to certain requirements.  Additionally, in other special circumstances, certain individuals may become a citizen through naturalization without meeting the basic requirements.  Before applying for naturalization, individuals should consult with an immigration attorney to ensure that all the requirements applicable to their specific circumstances have been met.

Beware of Mortgage Fraud

With the worsening economy, more and more people are having a difficult time meeting their mortgage payments.  Inevitably it seems, where there are people in trouble there are con artists looking to cash in on other people’s problems.  According to the Federal Bureau of Investigation (FBI) (http://www.fbi.gov/hq/mortgage_fraud.htm), there were a total of 62,494 mortgage fraud suspicious activity reports in Fiscal Year 2008 with $1.4 billion in losses.  Illinois is ranked #8 in the list of states with significant fraud problems.

The U.S. Department of Housing and Urban Development (HUD) has articles on some of the scams that are currently being used on homeowners, such as conning homeowners into signing over their home (see information at www.hud.gov).  Additionally,  the FBI released an article on how to avoid becoming a victim of mortgage fraud (http://www.fbi.gov/page2/august08/mortgagefraud_081408.html).  In response to the growing problem of mortgage fraud, Illinois has enacted The Mortgage Rescue Fraud Act, which governs mortgage modification companies.  Based on this law, there have been numerous investigations into these companies by the Attorney General for fraud and other misconduct (http://www.mortgagefraud.org/journal/2008/11/19/illinois-ag-announces-7-more-foreclosure-rescue-lawsuits.html).

Before working with any company to modify your mortgage or stop foreclosure on your home, be sure to investigate the company thoroughly.  Because there are so many scams out there, never sign a document with reading and understanding what you are signing.  If you need assistance understanding the document, talk to an attorney.

Avoid Unnecessary Disability Claim Delays

Generally, receiving a decision on your claim for social security disability or for supplemental security income takes about 4 months.  However, that timeframe presupposes that the application contains all the information that the examiner will need to make a determination.  If any of the information is missing, incomplete or unavailable upon request, the estimated 4 month decision timeframe could be extended for an almost indefinite amount of time.

Some of the most important information that you will need to provide includes: all sources of medical treatment including dates of treatment and your work history for the last 15 years.   In order to ensure that your application avoids as many delays as possible, you should ensure that you have supplied all of the information requested on the application. 

Additionally, you should be prepared to respond to any requests for additional information from the disability examiner immediately.  The approval process for disability claims is already woefully delayed.  Don’t let errors or delays on your part slow it down even further.

Please contact our office for more information or to speak with an attorney about your individual situation.

TN Visas Now Available for 3 Year Periods of Admission

TN visas are available to eligible Canadian and Mexican nationals to work in certain qualified fields (such as accountants, teachers and engineers) under the North American Free Trade Agreement (NAFTA).  Historically, TN visas were available for an initial 1 year period with the option of annually renewing the visa.

In October 2008, the U.S. Citizenship and Immigration Services (USCIS) released information stating that the initial period of admission for TN workers will be changed from 1 year to 3 years.  With this change, the initial period for TN visas are now equal to the initial period of admission for H-1B visas.  Additionally, eligible TN visaholders may be able to renew the visa in 3 year increments, rather than annually.

Please contact our office for more information or to speak with an attorney regarding your individual situation.

Options to Foreclosure

More and more people these days are struggling to continue making their mortgage payments for a variety of reasons including job loss, decreasing real estate values, and increasing mortgage payments due to an Adjustable Rate Mortgage (ARM).  However, foreclosure is not the only option available for people who are having problems meeting their mortgage payment.

The answer to whether you wish to stay in your home (and can afford to do so) or whether you wish to move presents differing options to consider.

Some of the options available if you wish to keep your home include:

• Filing Chapter 13 bankruptcy
• Attempting to modify the terms of your existing loan in a work out agreement with the lender
• Reinstating or redeeming the loan

Some of the options available if you wish to give up your home:

• Attempting to sell the home in a lender-approved short sale procedure
• Requesting to deed the house back to the lender via a Deed-in-lieu
• Filing Chapter 7 bankruptcy to escape personal liability for a foreclosure deficiency

Your individual situation will determine which option is the best path for you to follow.  You should work with an attorney to review your specific circumstances and needs in order to get the best possible outcome.  Please contact our office for more information or to speak with an attorney.

Tax Help for 2009 Federal Income Tax Return Filing

On January 6, 2009, the Internal Revenue Service (IRS) announced new programs to assist financially distressed taxpayers when filing their 2008 tax returns.  The IRS implemented new steps or enhanced existing programs due to the wide-spread economic hardship creating financial difficulties for taxpayers.

Some of the assistance offered includes:

• Additional flexibility in options for payment and/or deferral of back tax liability owed.
• The Recovery Rebate Credit which is calculated like the Economic Stimulus Payment most taxpayers received in 2007.  This Rebate would be available if the taxpayer did not get an Economic Stimulus Payment, had a child in 2008 or had a change in income level.
• An additional standard deduction for real estate taxes based on state or local real estate taxes paid in 2008.
• Exclusion of debt forgiveness for mortgage workouts and foreclosures for eligible homeowners.
• Improvements to the Free File program that is available to taxpayers with an adjusted gross income of up to $56,000.

Full details of the options available are available in IR-2009-002.

If you have questions on any of the information provided in the Internal Revenue bulletin or are having difficulties paying your taxes, please contact our office to discuss your situation with an attorney.

What is an Offer in Compromise?

An offer in compromise (“OIC”) is an agreement made between the IRS and a taxpayer where a taxpayer’s liability for unpaid taxes is settled for an amount less than the full amount owed.

Generally, the IRS may accept an OIC under 3 circumstances:

• Doubt as to Collectibility
• Doubt as to Liability
• Effective Tax Administration

The IRS considers OICs appropriate when it is in the best interests of both the taxpayer and the government.  The goal of the OIC program is to promote voluntary compliance with future payment and filing requirements.

You may be a candidate for an OIC agreement if you are unable to pay your outstanding tax liability either in a lump sum or through an installment agreement with the IRS.  However, not all situations will qualify for an OIC.

If you owe unpaid taxes and are unable to pay the amount due, you should talk with a tax attorney to see if an OIC may be a solution for you.  Please contact our office for more information or to discuss whether an OIC may be appropriate for you.

Should I Have an Egg Donor Contract?

Whether you are the donor or the donee, it is highly advisable that you execute a contract between the parties involved in the donor process.

State law determines the rights of parties for reproduction assistance technologies/procedures.  However, where state law has not defined the rights, the courts will look at the intentions of those involved and a contract can detail those intentions.

An example of this would be the rights/responsibilities of a sperm donor.  In Illinois, a man who donates semen to a licensed physician for the purpose of artificially inseminating a woman other than his wife will not legally be considered as the natural father of any child conceived by the artificial insemination.

On the other hand, there is currently no law in Illinois that applies the principles above to egg donation.  Any issues that arise during or after an egg donation are governed by the intention of the parties to the transaction.

Therefore, it is essential that a comprehensive, written contract be executed to explicitly state each party’s intentions and anyone considering using donor eggs should work with an attorney familiar with these laws to ensure their rights have the maximum protection available under the law.

Foreign Travel During Your Application for Immigration

Generally, individuals who have applied for an adjustment to their permanent resident status or to change their non-immigrant status must obtain permission prior to traveling outside the U.S.  This permission is called Advance Parole and is granted by the U.S. Citizenship and Immigration Services.  If Advance Parole is not obtained prior to traveling outside the U.S., then the application for the adjustment may be considered abandoned and the individual may be denied re-entry into the U.S.

Additionally, for some individuals, traveling outside the U.S., even with Advance Parole, may have similar consequences to leaving the country without prior permission.  Individuals who are unlawfully present in the U.S. for particular periods of time and who then leave the U.S. may become inadmissible for re-entry for a certain number years.  These period are specified by law.  For example, if an individual enters the U.S. without permission and stays for more than a year, he or she becomes inadmissible to the U.S. for 10 years.

Before making plans to travel outside the U.S., you should contact an immigration attorney to determine whether you need to obtain Advance Parole or whether there might be problems with re-entry.

Can I File Bankruptcy Without My Spouse Filing Bankruptcy?

Yes, one spouse can file for bankruptcy protection without bringing the other spouse into the bankruptcy action.

However, an additional question that should be considered is “Should I file bankruptcy without my spouse filing?”  In answering this question, there are some issues you should consider before moving forward, including, the fact that:

• Both spouses’ incomes are included in the required means test, and
• The non-filing spouse could still be liable to creditors for any joint debts.

Everyone’s situation is unique and should be treated as such.  Because of this, unfortunately, there is no “one-size-fits-all” answer to filing bankruptcy.

Just because it is possible to do something doesn’t mean that it is a good idea to do it.  Consulting with a bankruptcy attorney can provide guidance on what avenue is best for your particular situation.