Posts Tagged ‘United States nationality law’

 

ABC’s Jeffrey Kofman on Becoming an American Citizen

n February 25, 2010, Jeffrey Kofman, ABC’s Miami-based Correspondent for Florida, the Caribbean and Latin America, became a U.S. citizen. Kofman was born in Toronto, Canada. He moved to the United States in 1997 and joined ABC News in 2001.

He was asked to deliver the keynote address to the 224 other New Americans who were sworn in at the same ceremony at the Miami headquarters of U.S. Citizenship and Immigration Services.

Here are his remarks:

We are now Americans.

We ARE Americans.

To all of you – all 224 of you – congratulations!

While today’s ceremony makes it official, the significance of this moment actually hit me about six weeks ago, when I came to this same building  for my citizenship interview.  There I sat in the waiting room, perhaps with some of you along with many others.  I could tell some were anxious and nervous, awaiting what I sensed was the most important test of their lives.

I heard my name called out and I was ushered into my interview to be quizzed by a friendly but no-nonsense immigration officer. She went through the same routine that all of you now know. Had I ever been a member of the Communist Party? No. Had I ever been a War Criminal? No. The questions continued. I answered them honestly and appropriately.

Then I was asked to read a sentence to prove my literacy:  ABRAHAM LINCOLN WAS PRESIDENT OF THE UNITED STATES, or something like that.

Then I was asked to write a sentence.  I think it was something about George Washington.

And then history quiz. I knew I had to get six out of ten right. I am journalist. I grew up in Canada, English is my native language. So, the process was less daunting for me than it might have been for others. And it helps that I’ve reported and written on American politics. But I humbly did not want to take to take this important moment for granted. And so, like you, I studied the 100 possible questions in the booklet we were all given. For me, the answers to most of the questions were familiar.

And so when I was asked to name one of the two biggest rivers in the United States, I confidently responded: Mississippi.

When I was asked to name the Speaker of the House of Representatives, no problem. I knew that too:  Nancy Pelosi.

But when I was asked what the first ten amendments to the constitution are called, I was glad I had studied, because I confess I did not know the answer to that question until I did my home work: The Bill of Rights.

I was beginning to have fun. I began to feel like a contestant on a TV game show. And I guess in a certain way that’s what we all were. In this case the prize behind Door #1 is the passport so much of the world can only dream of.

Like all of you, I passed. I got the first six questions right.  But I suddenly found myself wanting to answer more questions to prove my worthiness.  So I was a little disappointed when I didn’t get to answer questions 7, 8, 9 and 10. Clearly, the process only needed correct answers for six questions, so no more were asked.

When the interview was over the immigration officer reached to the far side of her desk and grabbed a bulky rubber stamp. I watched as it hit the paper. When she lifted it, it left behind a big red imprint. In the middle, the single word “APPROVED.” As I looked at my application and at the bright red stamp, it hit me.

I am now an American.

Read the rest of the story on ABC

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Naturalization Update

Never has there been a better time for eligible applicants to Naturalize and become U.S. Citizens. Recent Naturalization cases successfully accomplished by Reeves and Associates show a timeframe of about 3-8 months in most cases.

In a surprising Press Release announcement dated January 28, 2010, USCIS stated that there are nearly 3.5 million Legal Permanent Residents (Green Card Holders) in the State of California. According to USCIS, 2.5 million of these legal permanent residents are currently eligible to naturalize and become U.S. Citizens.

Source: Rreeves

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Immigration laws quash many dreams

UNDER CURRENT U.S. immigration law, there are three primary ways to gain legal entry into the country other than for a limited stay as a tourist.

• The first is through the annual “green card diversity lottery,” held each year by the Department of Homeland Security, for citizens of countries that have “low rates of immigration” to the United States. Millions of people from specified countries around the world apply to take part in the lottery, but only 50,000 green cards are made available through the process. Each participant in the lottery is issued a number, the government draws about 150,000 numbers, and the people with those numbers then are allowed to apply for one of the 50,000 slots.

• The second way to gain legal entry is to be a spouse, sibling, child or parent of an American citizen or the spouse or minor child of someone who holds a green card and is willing to sponsor your entrance into the United States.

• The third is through an employer, who must complete a lengthy application process that requires proof that the has a unique skill necessary to the business.

THERE ARE other provisions of immigration law that allow people who are seeking asylum to gain legal entry into the country, but being granted asylum is an extraordinarily difficult process.

An additional number of other immigrants are admitted each year under temporary work permits and student visas, however those visas generally do not permit conversion to immigrant status, and they require the holder to leave after a specified length of stay.

And then there is the “S” visa. Essentially a free pass, the visa is awarded only to those who work for law enforcement and must be applied for by law-enforcement officials. The Mayas say immigration officials promised them the “S” visa, but then reneged.

According to immigration officials, only 250 “S” visas are available each year, and fewer than 60 were awarded in 2009.

CONGRESS last year set immigration visa limits at 700,000 for employment and family preferences, excluding refugees and those entering the country on temporary work or student visas.

In 2008, the total number of immigrants admitted to the country (excluding refugees and those on temporary non-tourist visas) tallied just under 750,000.

Source: Daily Free Man

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U.S.-Canadian marriage costly for couple

Newlyweds Matt and Heather Lopresto knew that every marriage has its ups and downs; they didn’t know that living together would be so difficult.

Matt, originally from Corning and now living in Rochester, is a U.S. citizen. Heather, who met her husband in 2005 when both were students at the Elim Bible Institute in Lima, is from Hamilton, Ontario, and a Canadian citizen. They thought that once they were married, it would be simple for Heather to get her “green card” and live and work legally here with Matt until they have enough money to finish their degrees and start the family they both want.
For more than a year, they had traveled back and forth to Canada without incident until June 26 (the day before the wedding at the Royal Botanical Gardens in Burlington) when Matt told the Canadian border guards that marriage was the reason for his visit.

“I was turned away at the border,” Matt says. “I had to prove I had a means of departing and that I would return.” He hurried back to Rochester, got a letter from his boss indicating that he has a job, made a copy of his apartment lease, and purchased a return airplane ticket (even though he planned to drive home). He stayed in Canada as a visitor for several weeks before coming home to Rochester, but that’s when the couple realized living together would not be as simple as they hoped.

The U.S. and Canadian governments want to be certain that a marriage between citizens of their countries is legitimate, that the citizen spouse can support the non-citizen, and that the newcomer will not need public assistance, says Rochester lawyer Margaret Catillaz, an expert in immigration law.

Since Heather and Matt were married, both their passports have been flagged and when they visit, they are always detained for questioning. Even though she’s done nothing wrong, Heather said during a recent visit, she always feels as if she’s in trouble.

Matt and Heather just want to be together.

And money is the only thing standing in their way. It costs up to $2,000 to apply for legal resident status and complete the required procedures. And right now, neither Matt and Heather, nor their families, have the money. Heather is unemployed and Matt washes windows and cleans gutters. Rent, car payments, food — that’s all they can afford.

Read the full story on Democrat and Chronicle

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Immigration overhaul would allow legalization of undocumented immigrants

A large group of Democratic lawmakers introduced legislation Tuesday that would allow millions of undocumented immigrants to stay in the country legally if they pay a fine, learn English and meet other requirements.
Republicans questioned the timing of adding millions of legal workers to the nation’s workforce – especially when there’s record unemployment.

“With over 15 million Americans unemployed and seven million illegals employed, amnesty legislation is an affront to American citizens and legal residents,” said Rep. Gary Miller, R-Brea.

The legislation would legalize undocumented immigrants by requiring them to register with the federal government, pay a $500 fine, learn English, pass background checks and meet other requirements. They then are eligible for a six-year visa and then a green card visa.

Source: Whittier Daily News

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Immigration meetings show citizenship test takes careful study

The path to naturalization can be a maze of confusing paperwork, capped by a test in English and U.S. civics.

For some, it’s a daunting road.

John Macharia is thinking about applying for citizenship after Christmas. The Kenyan from Duluth has lived here 10 years and his children are U.S. citizens, but he and his wife are not.

Rumors about the citizenship process abound, Macharia said. That’s why face-to-face contact with a citizenship official is helpful, he said.

“It’s always good when you hear about it from the horse’s mouth,” he said.

Joe Kernan, a community relations officer with United States Citizenship and Immigration Services in Tucker, spoke to Macharia and 20 other immigrants in Marietta on Wednesday night.

The American Legion hosted the event and will also host citizenship classes starting in January. It’s in keeping with the Legion’s goal to foster “Americanism,” said Bill Beaudin, commander of Post 29 where the meeting was held.

Kernan said the classes could come in handy. He recounted tales of citizenship tests gone wrong.

If an immigration officer asks if you will bear arms for the United States, don’t roll up your sleeves and show your arms, Kernan said, to chuckles from the immigrants in the audience.

“You need to know that means will you defend the United States,” he said.

Ling Go, originally from China and now living in Acworth, wondered if speeding tickets would hurt citizenship chances.

Not if the fines have been paid, Kernan said.

In general, crimes that indicate a lack of good moral character are the ones that will ruin a chance at citizenship, Kernan said.

Also he cautioned immigrants not to leave the country too often or for too long. An absence of more than a year can sink a citizenship application, Kernan said. A prospective citizen must show where his loyalty is based, he said.

Esther Wilson, a U.S. citizen who lives in Marietta, attended the class on behalf of her sister, who traveled to the Philippines in May. She has not returned because she has Typhoid fever and diabetes and has been too fragile to travel, Wilson said.

“I’m worried about her not coming back,” Wilson said.

If a person with a green card visa stays outside of the United States too long, they could lose their residency and be turned away at the airport, Kernan warned.

Federal immigration officials have held a series of community meetings across the country this year to educate immigrants on common pitfalls and to demystify the process.

About 8.2 million legal permanent residents are eligible to apply for citizenship, immigration officials said.

At the Atlanta immigration office, 14,456 people took the oath of citizenship in the fiscal year that ended Sept. 30, according to Ana Santiago, a spokeswoman for USCIS. Nationwide during the year, 1.1 million people became citizens..

A new version of the citizenship test was phased in last year and became standard Oct.1. It is intended to emphasize an understanding of fundamental concepts of American democracy and the rights and responsibilities of citizenship, more than rote learning of historical facts such as who wrote “The Star Spangled Banner.” The government has printed flash cards and exam materials for prospective citizens.

Pointing to a list of English words, Kernan told the group that those words would be scrambled into any number of variations to create sentences. They would need to read the sentence aloud, without lengthy pauses, to pass.

Everyone opened their study pamphlet to look at the words.

Understanding basic English is essential to participate in civic life in the United States, Kernan said. If an applicant fails, they can take the test again.

Kernan recalled the time an immigration officer raised his hand to administer an oath to a prospective citizen who didn’t understand and thought it was time to give a high-five.

“He was not ready,” Kernan said.

Source: AJC

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RENEWING YOUR GREEN CARD VISA? WHY NOT NATURALIZE TOO?

Q:I’ve been a US legal permanent resident for almost ten years, and my green card visa is expiring soon. What is the current procedure for renewing it?

A: Immigrants filing applications to renew permanent resident cards, commonly known as “green cards,” need to file Form I-90 (which can be downloaded at www.uscis.gov) with US Citizenship and Immigration Services (USCIS). The form can be mailed or sent by courier to the addresses shown in the instructions. The submission also can be made on line; go to www.uscis.gov and follow the instructions for online filing of Form I-90.

Currently (as of November 2009) an application fee of $290 and a biometrics processing fee of $80 must be submitted with the application. Applicants filing paper forms should obtain money orders for the $370 total, made out to “U.S. Department of Homeland Security.” Applicants filing on line will pay the fees electronically.

All applicants will receive by mail a notice for a biometrics (fingerprint) processing appointment at a local USCIS Application Support Center and will submit any required initial evidence and documentation during that appointment.

IMPORTANT: Applicants are being instructed to take to their biometrics appointments the records of any arrests, convictions, or any other involvement in criminal matters since last being granted legal permanent resident status. Immigration and Customs Enforcement (ICE) officers have been attending these appointments and reviewing the documentation supplied by applicants. Some applicants have been detained because of the criminal records they submitted or because their names appeared as a result of an ICE investigation as having outstanding criminal warrants. Accordingly, it is IMPERATIVE that you obtain legal advice before filing your Form I-90 if you have ANY issues involving past or pending criminal proceedings anywhere in the world.

IIC can help you with the I-90 renewal filing process, as well as the application for getting a new green card visa when the original has been lost, or when the card issued contains incorrect information.

NOTE: Holders of two-year conditional permanent resident cards based on marriage to a US citizen don’t file Form I-90 to remove the condition; they use Form I-751 instead.

By the way, anyone who has been a legal permanent resident long enough to be eligible for US citizenship really ought to consider applying for naturalization as soon as possible. IIC can help you with the all aspects of the naturalization application process.

For a free, confidential consultation on this or any other aspect of immigration law, visit one of our legal clinics advertised in The Emigrant.

[Source: Irish Imigrant]

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16 immigrants sworn in as U.S. citizens at Redding ceremony

Clutching a rolled-up American flag in one hand, Mahmoud Saad couldn’t stop grinning today as he sat beside 15 other immigrants in a jury box inside a Redding courtroom.

After all, the 26-year-old Egyptian Chico State University electrical engineering student had been waiting for much his life to recite the words that would make him a U.S. citizen.

But it was the special honor of leading the group in the Pledge of Allegiance earlier in the naturalization ceremony in U.S. Eastern District Court that had special meaning for Saad.

“They’re not just words, ‘With liberty and justice for all,’ ” he said prior to the ceremony in the courthouse parking lot, his four friends from Chico beside him. Each held an American flag.

The event was the first ceremony in recent memory offered by U.S. Citizenship and Immigration Services (USCIS) to be held in Redding, allowing Northern California immigrants to avoid a lengthy drive to Sacramento or San Francisco to take their citizenship oaths.

A Canadian, a Czech, two Indians, a Kenyan, seven Mexicans and three Filipinos joined Saad in taking their oath.

Each had been in the country for at least three years, living legally in the U.S. first as a permanent resident with a green card visa.

“You can’t simply immigrate,” said Sharon Rummery, a spokeswoman for the USCIS.

For a nonresident to come to the country, someone — usually a parent or a spouse already in the country — must first petition for an immigrant’s green card visa.

An employer can also petition for a green card visa for an employee, but it’s unlikely that someone who doesn’t have at least a bachelor’s degree would be allowed in through that route, Rummery said.

Others can request asylum from their home. A judge can also grant a green card visa during a deportation hearing, Rummery said.

But a few lucky ones like Saad are drawn in what’s known colloquially as the green card visa Lottery, which is officially called the USCIS Diversity Visa Program.

Hundreds of thousands apply from all over the world, but only 55,000 immigrant visas are granted each year.

Most at Redding’s ceremony had family in the United States that allowed them into the country in the first place. Others married in.

The latter was the case for Norma Muzzall, a 37-year-old Mexican immigrant who married a Chico delivery driver named Mark Muzzall, 42.

The two now live in Corning with their two children.

“Hey, you get to vote now,” Mark Muzzall said after the ceremony.

“I know!” she said.

But first, she said, she gets to pick a political party.

“He’s a Republican and his mom’s a Democrat,” Norma Muzzall said. “They’re both trying to convince me to pick their party.”

It was America’s political process that brought Rodolfo G. Lagoc, a 73-year-old retired lawyer from the Philippines who lives in Redding down the path to U.S. citizenship.

“The freedom from want, the freedom from fear, you have peace and order,” Lagoc said.

For Saad, becoming a citizen means he at last belongs.

“I used to feel like I was a part from this place,” Saad said. “Now I feel like I am officially a part of this country.”

Reporter Ryan Sabalow can be reached at 225-8344 or at rsabalow@redding.com.

[Source: Redding]

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Green Card Visa CNMI

DHS and Department of Justice regulations have recently been updated to amend the definition of the geographical “United States” to now include the CNMI for immigration purposes. Prior to this update, people with U.S. permanent resident alien status (“green card visa”) who came to the CNMI were considered technically “outside” of the United States, and, if they stayed too long, would risk being in violation of the terms of their green card status that requires they maintain continuous residence in the geographical United States for a specified number of months each year.

In other words, it hasn’t been just the distance that has kept some U.S. mainlanders away from Saipan. For those green card holders who wished to become U.S. citizens, their time in the CNMI did not count toward their residency requirement. Now it will.

What this means is that once word gets out that Saipan is now part of the U.S. (and as the minimum wage approaches national levels), green card visa holders living in the U.S., or even on Guam, might consider coming to Saipan to live and work, providing a new influx of residents and labor.

That’s just one example. Savvy entrepreneurs follow federalization not just to “see what happens,” but to anticipate what will happen, and see what they can make happen! It’s not all about doom and gloom.

[read the full story here]

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Obama signs FY 2010 DHS Spending Bill [source: Asian Journal]

Law ends widow penalty, includes to other petitions
A NEW law signed by President Barack Obama on October 28 will provide relief to immigrants whose petitions were revoked upon the death of their petitioner.

The FY 2010 DHS Spending Bill, which passed the Senate on a 79-19 vote on October 27, includes an immigration measure that allows a spouse, child and other family members to receive a green card visa when their priority date is reached, even when the petitioner dies.

FY 2010 DHS Spending Bill puts an end to the “Widow’s Penalty.” According to the New York Times, the Widow’s Penalty is “the government’s practice of annulling foreigners’ applications for permanent residency when their American spouses die before the marriage is two years old.”

According to AILA Info Net, the new law “includes statutory authority for USCIS to complete processing of permanent residence applications for surviving spouses and other relatives of immigration sponsors who die during the adjudication process (section 568).”

In an interview with the Asian Journal, Immigration Attorney Robert Reeves explained that before the signing of the bill, the death of a petitioner or principal benefi ciary usually results in an automatic revocation of the immigrant visa petition.

“This is fantastic news,” said Reeves, whose fi rm has been lobbying Congress to pass this bill. “This is an incredible benefi t for those who have previously fi led humanitarian reinstatement. Now, we can fi le them for permanent resident status. This will benefi t thousands of immigrants.”

The new law does not only allow widows/widowers to submit petitions for permanent residency after their spouse’s death, it also covers all family-based petitions, “including petitions for unmarried children of US citizens under 21, family-preference categories who have approved or pending petitions which include the spouse and unmarried children of permanent residents, unmarried children over the age of 21 of US citizens, married children of US citizens, siblings of US citizens and the derivative children of this group,” says Atty. Reeves and Atty. Joseph Elias in their regular column article in the Asian Journal (see Community Journal section, p.C1 for more information.)

“Derivative beneficiaries of pending or approved employment- based immigrant visa petitions are also covered by the new law which include the spouse and unmarried children under age 21 of an individual who was sponsored under the employment-based category,” the article also stated.

According to Reeves, before the new law was approved, if the petitioner dies before the petition is approved or permanent resident status is granted, the spouse or child would be unable to obtain permanent resident status.

However, the new law does not apply to surviving family members residing outside of the US, added Reeves.

“Unfortunately, if they are not living in the United States right now they would have to file the traditional humanitarian reinstatement which is very difficult,” added Reeves. “The immigration services grants only a very few of them.”

The root of the law began in 1970 when the court ruled that a husband’s death stripped the wife of her position as spouse, meaning she no longer qualified for a green card visa. A 1990 law then narrowed that ruling’s scope, saying a widow married to a US citizen for at least two years can file a petition for a residency permit on her own behalf, according to the Associated Press.

The new law was championed by Rep. Jim McGovern and Sen. Bill Nelso.

[source: Asian Journal]

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