Aug
USCIS has been pressured in recent years to make its policies clearer and its practices more effective. Some immigrants wait months or even longer for immigration requests to be processed, and instructions and well as processed can be confusing. The USCIS has launched a USCIS Policy Review in 2010 in order to address these issues. The multi-stage process is expected to take some time.
By summer 2010, the USCIS had completed one phase of the Policy Review – defining the areas or topics which will be addressed in the Policy Review. The USCIS came up with its list or priorities for Policy Review by surveying USCIS employees, external stakeholders, and external stakeholders about the topic. Over 5000 individuals took part in the survey. As a result, the USCIS released its list of topics to prioritize during the Policy Review. These areas include:
1. National Customer Service Center
2. Naturalization
3. Adjustment of Status (Employment-Based)
4. Form I-601 (Application for Waiver of Ground of Inadmissibility)
5. General Humanitarian Programs
6. Employment Authorization and Travel Documents
7. Nonimmigrant H-1B (specialty occupations)
8. Adjustment of Status (Family-Based)
9. Employment-Based Immigrants Preference Categories 1 and 2 (professionals, priority workers, and advanced degree holders) and 3 (skilled employees and professionals)
10. Refugee and Asylum Adjustment of Status
Now that these areas have been defined, the USCIS will create working groups. Each working group will be assigned one priority area of focus and will be expected to review the area. The groups will gather documentation and information about each area and will work with customer service representatives, analysts, adjudicators, and other USCIS employees in evaluating each area. Each working group will carefully examine their area of focus, looking at instructions, documents, policies, and guidelines. Each working group will try to clarify documentation about each area, remove redundancies, and create more effective policies in that area.
Eventually, different groups will work together to ensure that the topics of interest are together free of redundancies as well as other problems. The result, USCIS hopes, will be a clearer and more streamlined policy in each area and in the USCIS as a whole. In the final phase of the Policy Review, the policies and documentation from each topic area will be made available online, allowing everyone access to the more transparent USCIS documents and polices. Although the Policy Review may take some time, experts hope that the process will make the USCIS more user-friendly and easier to navigate in ten important topic areas.
Illegal immigration refers to any immigration practice which violates immigration rules. In most cases, however, when we speak of illegal immigration, we are talking about undocumented immigrants entering the country across the borders without going through the US immigration process.
Due to the nature of illegal immigration, getting accurate figures about the phenomena is difficult. Since illegal immigrants are undocumented, there is obviously no way to ascertain for certain exactly how many such immigrants there might be in the US. According to Reuters, on January 1, 2009, there were approximately 10.8 million undocumented immigrants residing in the United States. The same news source reported that the vast majority of these immigrants were from Latin America, with approximately 6.7 million immigrants arriving from Mexico and 1.33 million immigration from El Salvador, Guatemala or Honduras.
One of the main regions affected by illegal immigration is the Southwest. States such as Texas and Arizona have common borders with Mexico, making it easier for undocumented immigrants to slip into these states. For example, in 2009, about 400 000 of Arizona’s 6.6 million residents were illegal immigrants.
The US has many laws which aim to crack down on undocumented immigrants, but such laws often provoke controversy. Advocates of strict immigration laws point out that such laws are necessary to preserve local jobs and taxpayer dollars. They also note that such laws help prevent criminals from entering the US. Opponents of such laws point out that illegal immigrants often do jobs that American citizens and residents do not want. These opponents believe that employers who hire illegal labor should be punished, rather than those who are simply looking for a better life in the US. Another frequent problem is that some undocumented immigrants stay in the US for years, and give birth in the US, making their children automatic US citizens. Punishing these undocumented immigrants or trying to deport them could break apart families.
Despite the controversies over the laws, there is evidence that immigration laws are strictly enforced. Hundreds of arrests are made at every US border crossing each year. Between January and April 2010, The Tucson sector of the U.S. Border Patrol averaged 650 arrests per day. Between January and March 2010, 1180 immigration-related resolutions and bills were introduced in US states. It is likely that the new bills and regulations may increase the number of arrests and illegal immigrants caught.
Of course, as in every news story, the numbers only tell part of the picture. Behind all the statistics and numbers are Americans and immigrants whose lives are affected by illegal immigration. Virtually everyone is affected by this topic. Legal immigrants face stricter rules and suspicion because of the actions of illegal immigrants. Americans worry about the subject, and undocumented immigrants face more and more legal ramifications for their actions.
If you want to become a US citizen, you will need to fill out the appropriate USCIS forms, prove your eligibility and then attend a US citizenship interview and test. Many candidates for US citizenship are very nervous about their citizenship test. However, there is no reason to be nervous. If you prepare, you can pass this test. The test is not designed to trick you. Rather, it is designed to ensure that you have enough English language knowledge and enough US civics knowledge to function well as a US citizen. There are several things you can do to prepare for the test. While these things cannot guarantee that you will pass the test, they can increase your chances substantially:
1. Know what to expect from the US Citizenship test. For the test, you have to speak, understand, read and write some English and you will need to demonstrate an understanding of US history and civics. It is helpful to look at test examples (available in many good quality books and study materials about the US citizenship test). It may also be useful to speak with others who have taken the citizenship test. The more you understand what you can expect, the more confident you will be and the better able you will be to prepare for the test.
2. Practice your English language skills. If English is a language you have just recently been learning, practice your spoken, written, and reading English as much as possible. Listen to talk radio, sign up for English-language conversation classes (free at many libraries and community centers) and read the newspaper.
3. Study your US history, culture, geography, and civics. You can find textbooks and videos about US history, culture, and government. The best option is to read history and civics textbooks created for children. This will help you practice your English while also learning about the US. As well, the pictures and clear words in children’s texts will help you remember what you learn much more effectively than more complex text. Also, consider watching documentaries and television shows about US civics. Many local public broadcasters air educational programs. Check your listings.
4. Use good quality study materials for your US citizenship test. There are many materials to choose from and you can even hire a citizenship teacher for one-on-one study (although this can be quite expensive. A quality multimedia product such as the Pass The U.S. Citizenship Test & Interview DVD from USCitizenship.info is ideal. Since the study materials are in DVD format, they are often easier to understand than a textbook, and you can review any areas where you need more practice again and again.
If you are considering applying with the USCIS to become a US citizen, you may be weighing the complex and long citizenship process against the benefits of becoming a US citizen. While you will need to pass a citizenship test and potentially spend some time completing forms and providing proof of your eligibility for citizenship, there is no doubt that there are advantages to citizenship. There are many benefits enjoyed by US citizens, whether those citizens acquire their citizenship through birth or naturalization:
1) US citizens enjoy all the protection and all the rights of the US Constitution and all US laws. This means that US citizens may not lose their status and may not be deported. They may freely enter and leave the US for any period they wish without worrying that they will lose their status.
2) US citizens enjoy sponsorship providences. Once you have gone through the US citizenship process with the USCIS, you can sponsor your immediate relatives. Your relatives will receive Legal Permanent Resident (LPR) status, if they are eligible. Sponsored relatives of US citizens usually do not have to wait long for a visa to become available. US citizens can also apply to sponsor brothers and sisters and adult sons and daughters where a visa is available.
3) US citizens enjoy more freedom of travel. They are allowed to have a US passport or passport card, which allows them to freely enter and leave the US without having to prove admissibility. US citizens can live and travel aboard while maintaining their status in the US. In addition, US citizens are eligible for assistance from any US consulate or embassy, should they need it. US citizens do not have to report to the USCIS about address changes or other matters; they can move freely through the US and choose to live anywhere they like.
4) US citizens have the right to participate in government. Elected public offices are only open to US citizens. As well, only US citizens can fully take part in the US electoral process through voting and other means. Many US jobs are available for US citizens only. As well, elected public officials are often very available to US citizens. When a US citizen needs assistance or wants to change a law, elected representatives of government listen to the suggestions and even offer advice.
5) US citizens have the right to certain benefits. For example, US citizens have the right to draw on specific Social Security benefits, no matter where they live in the world, without issues of reciprocity. As well, US citizens enjoy lower estate taxes and eligibility for many more public benefits than permanent residents. All US citizens quality for Medicare benefits and Social Security benefits, benefits which many permanent residents do not have access to.
Dual citizenship means having citizenship in two countries at once. The US permits dual citizenship. There are many ways to attain this type of citizenship. When a child is born the US to parents from another country, the child will usually have dual citizenship. The child will automatically be a US citizen by nature of the birth, but the parent’s status will usually ensure that the child is also a citizen of the parent’s home country. Similarly, if US citizens travel abroad and have a child overseas, the child will usually have a dual citizenship as well. Dual citizenship is also possible through naturalization. If you are a citizen of another country and become a US citizen, you may be able to hold onto your home country citizenship while still enjoying full US citizenship, provided that your home country permits dual citizenship.
It is important to consider dual citizenship possibilities if you are considering becoming a US citizen. This is because not all countries allow dual citizenship. If your home country does not permit it, you may have to renounce or give up your home country citizenship in order to become a US citizen. You may need to consider whether you are prepared to make this choice when applying for your US citizenship. The US State Department has a useful overview of dual citizenship.
The US does not endorse or promote dual citizenship. However, the US does permit and tolerate dual citizenship. There are many advantages to maintaining two citizenships:
1) Ease of travel. If you want to visit your home country often, maintaining dual citizenship will allow you to travel, stay, and work in both countries with few restrictions and with no need for a visa. This can be important if you have family in both countries and may need to travel for extended periods of time.
2) Citizenship benefits. A dual citizenship means that you will enjoy the citizenship advantages of both countries. This can mean, for example, that you qualify for pensions or other benefits in both countries. It will also generally mean that you will be able to vote in both countries.
3) Added protection when traveling. If traveling to your home country, a dual citizenship can allow you to appeal to two embassies or consulates, since you are a citizen of two countries.
However, dual citizenship can also create some problems. When you are the citizen of two countries, you must abide by the laws of both countries and must meet the obligations of both countries. In some cases, these obligations may be in conflict. For example, if the two countries go to war, maintaining a dual citizenship can become challenging. As well, maintaining dual citizenship can create complications, especially in cases where one country has mandatory military service or specific tax laws. The US State Department has a useful website offering advice about dual citizenship.
Applying for US citizenship is one of the most important decisions you will make in your life. Once you decide to become a US citizen, you will be taking part in the nation’s future and history. You will also be taking on the rights, privileges, and obligations of US citizenship. If the decision to become a US citizen is a daunting one, however, many US citizen applicants soon find that the US citizenship application process itself is just as daunting, if not more so. Here is what you need to know in order to apply:
1) There is no one US citizenship application.
There are in fact numerous ways to apply for citizenship and many types of US citizenship applications. For example, if one or more of your parents were US citizens, you can (and should) apply for US citizenship through your parents’ status. If you are part of the US armed forces, you may apply for US citizenship through a special military application. If you are eligible for US citizenship and have a green card showing permanent residency of the US, you may complete the USCIS Application for Naturalization (Form N-400) to apply for citizenship. Depending on your current citizenship, you may even apply for dual citizenship, which will allow you to retain some of the current citizenship privileges you have in your home country. Before you apply for US citizenship, you should carefully consider your eligibility and how you will apply for citizenship.
2) You will need to apply.
In order to apply for US citizenship, you will need to find the right forms for you and you will need to complete the forms accurately and fully. Even small mistakes can mean that your application will be rejected, so you need to work methodically and carefully. Luckily, the USCIS provides plenty of information about the application on their website. USCIS includes details application instructions, application checklists, and guides to the US citizenship application process. It is best to download and print all the forms and publications that pertain directly to you right from the USCIS website. This way, you will have the most complete and most up-to-date information. Keep all your application information and forms in one folder or space so that you can stay organized. Read all the instructions and information you have before attempting to fill out the forms, so that you understand the application thoroughly. Many applicants find it useful to fill out a “rough draft” of the form in pencil first before completing the form officially. This allows them to check their work and make sure that they can complete the form accurately and fully.
3) You will need to pass the naturalization test in most cases.
Many applicants who apply for citizenship through naturalization worry about the naturalization test. Once you have completed your US citizenship application form and have had your fingerprints taken for the application, you will be given a date and location for your naturalization interview. During this interview, you will need to prove (through a naturalization test) that you are fluent in English and understand the basics of U.S. history and government. If you have not lived in the US long, you may worry about your language skills and your knowledge of US civics, but there are many ways to prepare.
The USCIS portal for the naturalization test includes study materials, study tips, and more information. This is an excellent place to start practicing for your test. It is best to start practicing for your test before you even apply for US citizenship. That way, by the time your test is scheduled, you will have been practicing for some time and will be prepared and confident. Even if your naturalization test is scheduled very soon after your application, you will be ready if you start studying early.
Understanding the US citizenship and naturalization application process is the first step to actually becoming a US citizen. There are many steps to the process:
1) Read about the US immigration and naturalization application process as much as you can and determine whether you are eligible. Then, carefully consider whether you want the rights, privileges an obligations of being a US citizen. The US citizenship and naturalization application process is complex and can be expensive. You will want to make sure that you are armed with all the facts and that you know what to expect. You will also want to make sure that you qualify for citizenship and that you are ready for the process.
2) Get a an application for US citizenship (USCIS form N-400). You can do this by visiting the USCIS. Many immigration attorneys may also help you find a copy of this form.
3) Carefully read the entire application form. If you will need help understanding the form or if you are not sure that you can complete the form yourself, determine where you can seek help. If you think that you do not have a strong application, you may wish to speak to an immigration attorney for legal advice. You can find a qualified attorney through the American Immigration Lawyers Association.
4) Complete the application form. This may take some time. You may wish to make copies of the form, so that you can fill it out once, check it, and rewrite it neatly before submitting it. Make sure that you fill out the form as honestly as you can. As well, make sure that you fill out the form fully. Any incomplete information or dishonesty will usually result in the denial of your application. Refer to the instructions often to ensure that you are completing the form correctly and check your spelling and facts before you send in your form.
5) Submit the form. At this stage of the US citizenship and naturalization application process, you will need to submit your completed form. You will also need to submit your application fee as well as two photographs of yourself which meet USCIS form N-400 requirements. If you are applying under special circumstances, you may also need to submit additional documentation. Consult the USCIS instructions to determine exactly what you need to send and where.
6) Make an appointment with the USCIS to pass your civics exam. You will need to meet with an USCIS officer before your US citizenship and naturalization application process is complete. At this meeting, you will be fingerprinted. You may also need to provide additional documentation to the USCIS (the USCIS will let you know ahead of time if you need to bring any documentation at the meeting. At the meeting, you will also need to pass the written US citizenship exam. A USCIS officer will also interview you. You will need to show that you have a basic mastery of English. The interview will also determine whether you are ready to be a US citizen and whether you are ready to take an oath of allegiance to the US. You may additionally be asked about your application and your background.
The sacrifice that military men and women make for the US is considerable. Military service men and women dedicate hours of their lives, work hard at peacekeeping missions and in battles, risk danger, and in some cases offer the ultimate sacrifice by dying in the service of the US. To recognize the immense sacrifices that members of the military make, the US government has a special application process that expedites the US citizenship application process for those who serve in the US military.
There are in fact four ways to become a US citizen via military service. The first involves applying for US citizenship during times of armed conflict or war. When the US is in armed conflict, the US military often recruits heavily, and will sometimes recruit qualified immigrants as well as US citizens. For immigrants entering the US military during times of conflict and war, it is possible to apply for naturalization without paying the citizenship application. As well, applicants can apply after only one day in military service. In many cases, those actively serving in the US military have their applications expedited so that naturalization may occur in as little as six months. This applies to both undocumented and documented immigrants. However, immigrants applying for US citizenship through military service must meet general qualifications for citizenship – including passing literacy tests – and must honorably complete their term of service to avoid losing their citizenship.
In peacetime, it is also possible to apply for US citizenship when serving active duty in the US military. Again, immigrants who apply in this manner have an expedited application process and do not need to pay the usual application fee. To apply for US citizenship through military service in peacetime, you must meet basic eligibility requirements for naturalization. That is, you must show good moral character, pass the civics and literacy tests, and swear allegiance to the US Constitution and the US. However, unlike other naturalization applicants, applicants applying through the military service have no minimum residency requirements. In peacetime, applicants will need to have served in the US military for at least one year and must apply for citizenship while still serving.
In addition to these methods of application, the widow or widower of a US citizen who has died in active military duty and has served honorably may apply for US citizenship. To qualify, the widow or widower must have been married to the US military service member at the time of the person’s death. While the widow or widower will need to fulfill basic eligibility requirements, there is no minimum residency requirement for persons applying for citizenship in this way.
A final way to apply for US citizenship via military service is through posthumous naturalization. In this situation, the beneficiary, representative, or next of kin of an active duty service person in the US military may apply to have the deceased posthumously declared a US citizen. The immigrant who has died must have served honorably and in active duty at a time of war and must have died directly or indirectly as a result of injuries sustained in the war. This form of citizenship is a type of honor for the deceased. It will not help the deceased person’s family in their own applications for a green card or citizenship.
Apr
There are USCIS forms for just about every service you want. Whether you want to change your address or apply for citizenship, there is a USCIS form you must fill out first. USCIS forms do several things:
1) They inform the USCIS of your intentions. USCIS forms let the USCIS know what you intend to do. If you want to apply for citizenship, for example, the correct form lets the USCIS know that this is what you wish to do.
2) They establish good communication between you and the USCIS so that the USCIS has the information it needs to help you. The USCIS needs current information about you in order to help you. Some USCIS forms are designed to help you provide the USCIS with the important information the agency needs. For example, the Change of Address form (form AR-11) lets the USCIS know when your address changes so that the agency can still contact you.
3) They allow you to petition for different status. Some USCIS immigration forms allow you to apply for permanent residency status, for a visa, or for citizenship status. Each status offers its own obligations, rights, and privileges.
4) They give you a way of providing needed information to the USCIS. All immigration forms allow you to provide all the information and documentation you need to allow the USCIS to make an informed decision about your application. This is a much more effective solution than having to plead your every request before immigration agents or attorneys. Immigration forms therefore save time and effort.
5) They standardize information so that the USCIS can process your requests – and millions of others – with minimal delays. USCIS forms are designed to make it easy for the agency to process and evaluate many requests accurately. For this reason, filling out the wrong forms or making errors on your forms can cause an application to be rejected. Knowing your USCIS forms allows you to fill out the right forms correctly, increasing your chances of success.
Knowing your USCIS forms is essential. The USCIS website has a comprehensive list of all USCIS forms available. You can download these forms directly from the website and read more about various forms you may need so that you can determine which forms you must fill out. According to the USCIS, the most-requested forms include:
1) Form I-9, or Employment Eligibility Verification.
2) I-130, or Petition for Alien Relative.
3) I-485, or Application to Register Permanent Residence or Adjust Status.
4) I-765, or Application for Employment Authorization.
5) N-400, or Application for Naturalization.
6) I-864, or Affidavit of Support Under Section 213A of the Act.
7) I-90, or Application to Replace Permanent Resident Card.
Marriage is not only a joining of two families, a declaration of love, and a life-changing decision. It is also a change of legal status – one that has important ramifications for the immigration process. US citizenship and marriage are two closely intertwined subjects. Married couples can sponsor each other, so that if one spouse is a US citizen or permanent resident, he or she can sponsor their husband or wife to enter the US legally and can even help secure a green card for their spouse.
If you are married to a US citizen, you may be able to apply for a green card and receive permanent residency much sooner than someone who does not have the spouse advantage. However, while some people think that marrying a US citizen is enough to ensure a quick green card, this is not the case. You cannot simply marry a US citizen and get a green card. You also cannot marry someone in order to get a green card.
If you are married to a US citizen, you must still apply for a green card and provide evidence of your marriage. As well, you may be required to prove that you did not undertake your marriage in order to secure a green card. This is considered an offense and therefore immigration officials may investigate your marriage if the timing of the event seems suspicious. You and your spouse may be asked individually about your courtship and marriage and may investigate your marriage and living arrangements. Immigration officials may also speak to your friends and family to determine whether the marriage is legitimate. A marriage undertaken just to secure a green card is not considered legitimate and usually will result in a denial of a green card application, even if one of the partners is a US citizen. If an investigation by US immigration authorities determines that you have married a US citizen in order to gain a green card, this is considered fraud and in some cases deportation proceedings may be begun. To learn more about immigration fraud through marriage, attorneys Robert L. Reeves and Jeff L. Khurgel have a useful guide on the topic.
If a non US citizen becomes engaged to be married to a US citizen, it is advisable that the couple fill out either applications for a Fiancee Visa (K-1 Visa) or an Immigrant Visa (Green Card). The K-1 Visa is a temporary visa which allows you to bring your future spouse legally to the US in order to wed. Once you have married and are residing in the US, you may then take further steps to apply for a green card. Applying for a green rather than a Finacee Visa is a good idea if you will not be marrying in the US.
If you are a green card holder and want to marry someone who is not a US citizen, you are not eligible for the K-1 Visa. However, after your wedding you may apply for a green card for your spouse.
In every case, when you apply for a green card for your spouse, be advised that the permanent residency for your spouse will be conditional for two years. Within 90 days of your second wedding anniversary, you and your spouse must apply to the USCIS to have the permanent residency become permanent.
If you need further information, Lawcom has a useful guide to the major definitions and procedures of getting US immigration status through marriage.