Will the USCIS Atlanta Office go back to swearing in applicants on the same day as the interview?
It is unlikely that the Atlanta District Office will resume swearing-in applicants on the same day as the N-400 interview, aside from customers who come from Alabama or at least four hours away, who CIS makes every effort to swear in the same day due to the distance traveled for the interview.
Has USCIS discussed the new Naturalization policy regarding the review of the underlying adjustment case? Should clients come prepared to discuss their marriages, for example?
Review of the underlying adjustment of status is not a new policy. Officers have always had the authority to look back at the underlying adjustment, at any time, and doing so is not a new process.
What is the preferred procedure for an N-400 applicant to elect to be naturalized through a federal court ceremony rather than a CIS administrative ceremony? A verbal request during the naturalization interview? A writing submitted at interview?
The preferred way is to advise the officer at the N-400 interview. This can be communicated to the CIS after the fact, but the preference and best way is to notify the officer at the time of the interview. In addition, if the applicant is requesting a name change, the oath ceremony/naturalization must be done by a federal court.
With regard to any removal risk, how would USCIS view a voluntary recanting of an intentional misrepresentation in a naturalization application? For example, what if the beneficiary brings the issue to USCIS’s attention and formally withdraws the misrepresentation, thereby subjecting him/herself to denaturalization?
USCIS would submit the case to Immigration and Custom Enforcement (ICE) counsel for determination.
If there is a knowing misrepresentation in a naturalization application, as opposed to a simple failure to disclose, would this lead to removal proceedings in addition to denaturalization?
It might. If Immigration and Custom Enforcement (ICE) counsel proceeds with denaturalization and is successful, removal proceedings may be instituted.
How does USICS handle a situation when, during a marriage-based adjustment application, it transpires that there might have been an eligibility issue with the Naturalization application of the U.S. Citizen (USC) spouse petitioner? For example, it is discovered that divorce proceedings had been initiated after the naturalization application was filed,but prior to the interview and the divorce was finalized soon after the oath, and eligibility being based on three years of residence in marital union with USC. What factual issues arise and what is the standard for proceeding with an action for denaturalization?
If USCIS determines that an applicant for naturalization was not eligible to naturalize, the evidence is obtained and submitted to Immigration and Custom Enforcement (ICE) counsel for determination of denaturalization.