US Citizenship for Convicted Man

Posted by USCitizen July 26th, 2011

Recently a Manhattan Federal Judge granted US citizenship to a man who was convicted for murdering his wife in 1985. It was the judge’s opinion that the person in question had redeemed himself by getting out of his alcohol and drug habits and also getting an equivalent of a high school diploma followed by a Bachelor’s degree, all while he served his sentence.

The person in question is a Vietnam War veteran who was convicted for manslaughter. A jury concluded that he had committed the crime because he was suffering from extreme emotional distress after having seen his friend being killed in front of him. On his return after active duty he had been diagnosed with PTSD – post-traumatic stress disorder. It is to be noted that a person convicted for murder can never apply for citizenship.

This incident brings up the question of “Moral Character”, which is one of the key eligibility requirements for U.S. citizenship. Generally, when an immigrant has a criminal record for serious crimes, immigration officials work on getting them deported.

This judge’s decision has made people question the Secure Communities program. Other questions being asked are, is serving the sentence, getting rid of bad habits and getting an education enough to redeem a person from a crime? What is the model code of moral conduct to be checked when deciding who is eligible for citizenship?

The applicant’s attorney says that the applicant has to prove good moral character only from 2005. There are people both for and against the judge’s decision. There are those who say the crime happened a long time ago and he’s served his sentence and now should be given his papers and those who say a crime is a crime no matter when it was committed.

The judge says that the applicant had killed his wife more than 25 years ago and in the period leading to the present, he has redeemed himself. In spite of a minor lapse (a DWI), the applicant’s moral quality as a whole was not affected.

The applicant had filed for naturalization in 2006 and his application had been turned down because of the conviction for manslaughter.

What Assistance Does USCIS Provide Applicants With Disabilities

Posted by USCitizen July 6th, 2011

The USCIS (formerly the INS) provides applicants with disabilities the same access to its programs, activities and facilities as it does for applicants without any disability. The USCIS provides accommodations and it varies depending on the individual’s disability. It also involves modifications to practices or procedures that allow applicants with disabilities to successfully participate in the immigration processes.

If an applicant is not able to use his/her hands, USCIS may allow him/her to take a test orally rather than in writing. They may provide a sign language interpreter for an appointment or a USCIS-sponsored event for those who are hearing-impaired. In addition, USCIS makes the process much more easier and may visit an applicant at his/her home or a hospital if the applicant is unable to travel to a designated location for an interview.

Requesting an Accommodation

If you need an accommodation due to a disability that affects your access to a USCIS program or activity OR if a disability prevents you from going to the designated USCIS office as scheduled, you have to call the National Customer Service Center (NCSC) at 1-800-375-5283 (TDD: 1-800-767-1833) to request an accommodation.

You should not call the NCSC if you are a naturalization applicant seeking an exception from the English and/or civics testing requirements. Such applicants have to submit Form N-648, Medical Certification for Disability Exceptions to request an exception. This form is for applicants for American citizenship who wish to get an exception to the English and civics testing requirements for naturalization, “due to physical or developmental disability or mental impairment”.

You can request an accommodation for any interaction with USCIS (including an ASC appointment, InfoPass appointment, interview appointment or naturalization ceremony). You can also request an accommodation to attend a USCIS public event such as town hall meeting.

If you wish to contact the USCIS for an InfoPass appointment or to attend a public event, you can do so by calling the NCSC at any time. If you need an accommodation for an appointment related with your application/petition, (e.g., an ASC or interview appointment), make sure you call after you have received your appointment notice.

Even if you have mentioned in your application/petition that you need an accommodation, you are required to call the NCSC. You will have to call the NCSC to request an accommodation every time you will be visiting a USCIS office. For example, if you need an accommodation for your biometrics appointment you should call the NCSC and then call again if you need an accommodation for your interview appointment.

All domestic facilities are accessible to physically challenged applicants. You need not request an accommodation if your only need is an accommodation that would enable or facilitate you having physical access to a domestic USCIS office. At times accommodation requests might be turned down by the USCIS. In such a case and if you believe it was because of an error on their part, you can call the NCSC at the phone numbers mentioned earlier.

Why and Why Not American Citizenship

Posted by USCitizen June 28th, 2011

Becoming an American citizen is a tremendous honor and no easy accomplishment. There are major reasons as to why certain immigrants run for American citizenship while the others, though eligible are content sleeping on a permanent resident status.

Why American Citizenship?

Benefits

The desire to acquire benefits, for oneself or one’s family, is a major theme in the reasons immigrants give for taking the initiative towards naturalization.

Opportunity, Quality of Life

The desire to go for economic opportunities, to advance one’s position and to live in the greater comfort of the American way of life is another dominant motive that explains interest in naturalization.

Legal Rights, Civil Rights, Political Participation

The third reason why immigrants go for citizenship is to fight discrimination and ensure equal treatment. Only a small number say they want to become citizens to qualify to vote. Voting and civic engagement may receive high priority as civic values, but they do not appear high on the open-ended list of reasons for becoming a citizen.

Family Reunification

The urge to unite with family or to help other family members who want to come to the United States.

Reasons for Not Becoming an American Citizen

Why is naturalization so frequently the road not taken? A few reasons are:

• not yet eligible
• don’t have time
• cost
• inadequate English knowledge
• don’t know how

Procedural Barriers

Though there is some debate about the importance of language skill or educational level as a procedural barrier in the naturalization process, it needs mention that it is language skill and not educational level, that is the barrier. Rates of naturalization are strongly related to English language ability. The test is disproportionately a test of English ability. Knowledge of US civics and government are not dependent on a high school or college education and can be gained by persons of almost all educational levels. Lack of formal education is not the barrier to passing the test.

Cost

The cost (submission fee) is at times proposed as a barrier in the naturalization process.

Ties to home country

A second theme from the reasons for not pursuing naturalization is that many do not intend to remain in the United States. Ease of reverse migration and proximity to one’s home country allows immigrants to maintain their distinct culture and language to a far greater degree.

The above mentioned are only few of the reasons and does not include all.

American Citizenship for Military Personnel

Posted by USCitizen June 14th, 2011

If you are a member of the United States Armed Forces and want to become an American citizen, you may be eligible to apply under special provisions provided under the Immigration and Nationality Act (INA). Normally, US Armed Forces means service in Army, Navy, Marine Corps, Air Force, Coast Guard, certain Reserve Components of the National Guard or Selected Reserve of the Ready Reserve.

You have to meet certain requirements and qualifications in order for you to become a US citizen. You should

• have good moral character
• have knowledge of the English language
• have knowledge of US government and history (civics)
• be willing to take an oath of allegiance to the US Constitution

However, as a member of the military there are some eligibility requirements that you may be exempted from, such as the required residency and physical presence in the US.

Section 328, INA applies to all members currently serving in the US Armed Forces or those who have already been discharged from service.

You may qualify if you:

• served honorably for a total of one or more years.
• are a lawful permanent resident (LPR).
• will be filing your citizenship form while still in service or within six months of being discharged.

Section 329, INA applies to members of the US Armed Forces who currently serve or have served in active-duty during the authorized periods of conflict as mentioned in the INA (WWI; September 1, 1939-December 31, 1946; June 25, 1950-July 1, 1955 and February 28, 1961-October 5, 1978) or additional period designated by the President in an Executive Order.

You may qualify if you:

• served in the US Armed Forces honorably during an authorized period of conflict.
• after enlistment, were lawfully admitted as a permanent resident of the US (LPR), OR at the time of enlistment, re-enlistment or induction, were physically present in the US or a qualifying territory.

The President recently signed an Executive Order that identifies September 11, 2001 and after as an authorized period of conflict.

Green Card Through Investment – The Application Process

Posted by USCitizen May 20th, 2011

If you live outside the US, you can become a permanent resident through consular processing. During consular processing, USCIS works with the Department of State to issue a visa on an approved Form I-526, Immigrant Petition by Alien Entrepreneur, when a visa is available.

Getting lawful permanent residence (“Green Card”) through the EB-5 classification is a three-step self-petitioning process.

• The applicant should get Form I-526, Petition for an Alien Entrepreneur approved.
• He/she must either file an I-485 application to adjust status to lawful permanent resident OR apply for an immigrant visa at a US consulate or embassy outside of the US. The EB-5 applicant (along with his/her derivative family members) are granted conditional permanent residence for a two year period upon the approval of the I-485 application or upon entry into the US with an EB-5 immigrant visa.
• Form I-829 Petition by an Entrepreneur to Remove Conditions has to be filed 90 days prior to the two year anniversary of the granting of the EB-5 applicant’s conditional Green Card. If this petition is approved, the EB-5 applicant will be issued a new Green Card without any further conditions attached to it, and will be allowed to permanently live and work in the US.

Dependents

Your spouse and unmarried children under the age of 21 can come to the US with you on a two-year conditional period. If your I-829 petition to remove conditions is approved, then the conditions will be removed from your spouse and children’s Green Card status. As a lawful permanent resident (Green Card holder) your spouse and children will be authorized to work or attend school in the US.

Generally, when you have a pending Form I-485, it is possible for you to apply for authorization to work in the US and to seek advance parole (advance permission to travel and be admitted to the US upon your return).

Benefits of the Green Card: EB-5

• You have unlimited right to live anywhere in the US.
• You do not require an employment authorization to accept employment.
• You can establish and run your own business.
• You do not need a family member or employer to sponsor you.
• You can sponsor Green Cards for your relatives.
• You can become a U.S. citizen once you have been a permanent resident for more than five years.

Green Card Opportunities For Rich Investors

Posted by USCitizen May 18th, 2011

In 1990, the Congress created the fifth employment based visa preference category, EB-5, for immigrants who wish to enter the United States to invest in a new commercial enterprise that will benefit the US economy and create at least 10 full-time jobs.

There are two ways to invest which you may use within the EB-5 category and they are:

• creating a new commercial enterprise or
• investing in a troubled business.

New Business Enterprise

To qualify you must:

1. invest at least $1,000,000. If your investment is in a targeted employment area, the minimum investment requirement is $500,000. Targeted Employment Area is defined by law as “a rural area or an area that has experienced high unemployment of at least 150 percent of the national average.”
2. be of benefit to the US economy by providing goods or services to US markets.
3. create full-time employment for at least 10 US workers. The worker list includes US citizens, Green Card holders (lawful permanent residents) and other individuals lawfully authorized to work in the US.
4. involve yourself in the day-to-day management of the new business or directly manage it through formulating business policy – for example as a corporate officer or board member.

Troubled Business

To qualify you must:

1. invest in a business that has existed for at least two years.
2. invest in a business that has incurred a net loss, for the 12 to 24 month period before you filed Form I-526, Immigrant Petition by an Alien Entrepreneur. The loss for the 12 to 24 month period must be at least 20 percent of the business’s net worth before the loss.
3. maintain the number of jobs at no less than the pre-investment level for a period of at least two years.
4. get yourself involved in the day-to-day management of the troubled business or manage it through formulating business policy (as a corporate officer or board member).
5. invest $1,000,000 or $500,000 in a targeted employment area.

Regional Center Pilot Program

To qualify you must:

1. be prepared to invest at least $1,000,000 or $500,000 in a regional center affiliated new commercial enterprise or a troubled business located within the area of the USCIS designated Regional Center. A Regional Center is any economic unit, public or private, involved in the promotion of economic growth, improved regional productivity, job creation, and increased domestic capital investment.
2. create at least 10 new full-time jobs either directly through investment.

How to Decide Which Affidavit of Support You Need?

Posted by USCitizen April 27th, 2011

Temporary visitors to the US and intending immigrants need to prove that they will not become a public charge. Becoming a public charge is one of the grounds of inadmissibility and USCIS needs persons to prove that they will not become financially dependent on the government. If a situation arises that the beneficiary needs financial support, it is the duty of the Sponsor who filed the Affidavit of Support to provide the support.

There are two different Affidavit of Support forms provided by the USCIS and both these forms are used by different categories of people. The two forms are Form I-134 and Form I-864. Form I-134 is used by non immigrants and Form I-864 is used by persons seeking permanent residence in the U.S.

Form I-134, Affidavit of Support

Section 212(a)(4) of the Immigration and Nationality Act states that a person likely to become a public charge is inadmissible to the United States. Form I-134 is used by non immigrants to prove that they will not become a public charge.

For instance, a person applying for a B-2 visa to visit the U.S. for tourism purposes needs to file Form I-134 to prove that they have sufficient financial resources to take of themselves for the duration of their stay in the U.S. Or, if a person is visiting extended family in the U.S., and does not have adequate resources, then they can have their U.S. family member sign the affidavit on their behalf. Persons applying for the K-1 visa will need the Form I-134 signed by their U.S. citizen fiance(e).

Form I-864, Affidavit of Support Under Section 213A of the Act

Most family based immigrants and certain employment based immigrants need to file Form I-864 to show that they have sufficient financial resources and that they are not going to become a public charge.

Form I-864 acts as a contract between the sponsor and the U.S. government and is effective until the beneficiary is credited with 40 quarters of work in the U.S. or becomes citizen of the U.S.

Persons falling under one of the following categories need to file Form I-864:

1.Immediate relatives of U.S. citizens:

• Spouses
• Children under the age of 21
• Parents of U.S. citizens aged 21 or above

2.Other family based preference categories:

• Unmarried sons and daughters of U.S. citizens
• Spouses of permanent residents
• Unmarried sons and daughters of permanent residents
• Married sons and daughters of U.S. citizens
• Brothers and sisters of U.S. citizens aged 21 or above.

3.Employment based immigrants:

Only those employment based immigrants whose sponsors are relatives who are either U.S. citizens or permanent residents or where the relative has a significant ownership interest (5% or more) in the business/corporation/organization that filed the petition.

Exceptions to filing Form I-864

Certain persons belonging to one of the above categories may be exempted from filing the affidavit if:

• they have 40 quarters of work in the U.S. Persons can contact the Social Security Administration (SSA) for more information regarding their qualifying credits. (http://www.ssa.gov/mystatement/)
• he/she will acquire citizenship under Section 320 of the Immigration and Nationality Act. (That is, if he/she is a foreign born biological or adopted child of a U.S. citizen and did not become a citizen at birth.)
• they are a self-petitioning widow or widower with an approved Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant.
• they are a self-petitioning battered spouse or child with an approved Form I-360,

Note: Persons qualifying for an exemption need to file Form I-864W, Intending Immigrant’s I-864 Exemption and not Form I-864.

Application to Replace Permanent Residence Card

Posted by USCitizen April 21st, 2011

Form I-90 is used for the replacement of a U.S. permanent resident’s green card. The application to replace a permanent residence card enables the U.S. residents (permanent as well as conditional) to apply for permanent resident card replacement with the USCIS. Conditional permanent residents in the U.S. whose green card is about to expire soon should however not fill out Form I-90 and must instead file Form I-751 or I-829 with the USCIS to have their conditionality removed.

Filing the application to replace permanent residence card may prove useful for a permanent/conditional U.S. resident in several ways. He/she may file this application if they have lost their permanent resident card, or if it has been stolen, mutilated or destroyed. Likewise, if biographical information has changed, such as change of name or changes pertaining to other biographic information, then application to replace a permanent residence card must also be filed in order to update the new information. Applicants who never received their green card from the USCIS may also file Form I-90. If there is an error on your green card that you just received from the USCIS, you can also file Form I-90 in order to correct the information

It must be noted that application to replace permanent residence card must be accompanied with the appropriate supporting documentation and correct filing fee. However, in certain cases, applicants are exempt from paying this fee. This includes cases where there is a mistake on a green card is due to an error made by the USCIS, or if an applicant never received their green card from the USCIS.

How Does Your Adopted Child Become a US Citizen?

Posted by USCitizen April 1st, 2011

An applicant has to be a US citizen to become eligible for filing N-600 form (Application for Certificate of Citizenship). The applicant is considered eligible only if he/she has become a citizen of U.S. through law or he/she was born outside US to parent(s) who are U.S. citizens.

According to the Child Citizenship Act of 2000, some foreign-born adopted or biological children of U.S. citizens are permitted to obtain U.S. citizenship automatically. These children acquired the U.S. citizenship not at birth but later when they entered U.S. as lawful permanent residents.

In case of the biological child, the parent must be a U.S. citizen. The parent can either be a citizen by birth or could have gained citizenship through the naturalization process. The child must be below 18 years. Also, the child must live in the physical and legal custody of the parent who is a U.S. citizen. The child should have been admitted into the country as a lawful permanent resident.

An adopted child should have been admitted to the U.S. for permanent residence. A child adopted abroad enters on an IR-3 visa whereas if the child is being brought to the U.S. to be adopted in the U.S., then he/she enters on an IR-4 visa. In this case, the adoption should be complete and final in United States, only then the applicant can file for the certificate of U.S. citizenship.

Adopted children below the age of 18, and claiming citizenship under Section 320 of the INA should have the applications filed by their U.S. citizen parent or legal guardian who has their legal custody.

The N-600 form can also be filed by those who are 18 years or older. This is possible only if the applicant met all the qualifying criteria before he/she became 18 years of age, and he/she should have been below 18 on Feb 27, 2001. In this case, the applicant can file the application by himself/herself. Unsigned applications are returned to the United States Citizenship and Immigration Services (USCIS).

After filing, the N-600 form is checked by the USCIS for its completeness and required documents. The USCIS can either request for more information, if required or can ask the applicant to appear for interview after reviewing the N-600 form. After taking all the factors into consideration, a decision regarding your application will be taken by the USCIS.