Articles Posted in Citizenship

As a service to our readers we publish local ceremony dates. If USCIS approves your application for naturalization, you must attend a ceremony and take the Oath of Allegiance to the United States. USCIS will notify you by mail of the time and date of your ceremony.

The notice USCIS sends you is called the “Notice of Naturalization Oath Ceremony” (Form N-445). In some cases, USCIS may give you the option to take the Oath on the same day as your interview. If you decide to take a “same day” oath, USCIS will ask you to come back to the office later that day. At this time, you will take the Oath and receive your Certificate of Naturalization.

If you cannot go to the oath ceremony, you should return the “Notice of Naturalization Oath Ceremony” (Form N-445) that USCIS sent to you. You should send the N-445 back to your local office. Include a letter saying why you cannot go to the ceremony. Make a copy of the notice and your letter before you send them to USCIS. Your local office will reschedule you and send you a new “Notice of Naturalization Oath Ceremony” (Form N-445) to tell you when your ceremony will be.

Good News for Our Citizenship clients. More than 9,000 candidates will become new citizens during 63 special ceremonies hosted by U.S. Citizenship and Immigration Services (USCIS) in recognition of Constitution Day and Citizenship Day on Sept. 17. As part of this celebration, USCIS is partnering with the National Park Service (NPS) to hold naturalization ceremonies at 22

national park sites across the country Sept. 13-24 under the theme, “Embrace Citizenship –

Experience America Through Your National Parks.”

With all the recent mess in this country the recent news about Americans giving up their Citizenship is interesting.

The Federal Register, the government publication that records such decisions, shows that 502 expatriates gave up their U.S. citizenship or permanent residency status in the last quarter of 2009. That is a tiny portion of the 5.2 million Americans estimated by the State Department to be living abroad.

Still, 502 was the largest quarterly figure in years, more than twice the total for all of 2008, and it looms larger, given how agonizing the decision can be. There were 235 renunciations in 2008 and 743 last year. Waiting periods to meet with consular officers to formalize renunciations have grown.

The American Immigration Lawyers Association is a great organization, and I am proud to be an active member. We know that this is also important to our clients and future clients.

The American Immigration Lawyers Association (AILA) will celebrate its 4th Annual Citizenship Day on Saturday, April 17 by helping more than 2,000 legal permanent residents apply to become US citizens. In partnership with the “ya es hora ¡Ciudadanía!” campaign, AILA will hold 43 naturalization clinics in 30 states serving more than 2000 immigrants who are preparing to become citizens.

s a single-day, nationwide event, AILA Citizenship Day provides free or low-cost assistance to eligible legal permanent residents who wish to apply for U.S. citizenship, utilizing partnerships between AILA chapters across the country and grassroots organizations such as the “ya es hora ¡Ciudadanía!” campaign. In 2010, AILA Citizenship Day will celebrate its 4th anniversary on a national scale and its second year with the campaign.

A great program on KPBS this morning covered the case of Ruben Flores-Villar. Flores-Villar, 35, was born in Tijuana, Mexico, but grew up in the San Diego area, in the care of his father and grandmother.

When he sought U.S. citizenship in 2006 — to fend off criminal charges of being in the country illegally — U.S. immigration authorities turned him down. For people born before 1986, their U.S. citizen fathers had to have lived in the U.S. for 10 years, at least five of them after the age of 14. Flores-Villar’s father could not meet the second part of that requirement because he was only 16 when his son was born. American mothers need only have lived in the U.S. continuously for a year before the birth of a child.

Later this year, the Supreme Court will enter a curious corner of U.S. immigration law that applies only to children born outside the U.S. to one parent who is an American and one who is not. The law makes it easier for children whose mother is a citizen to become citizens themselves. Even after reform legislation in 1986, children of American fathers face higher hurdles claiming citizenship for themselves.

Most lawyers that are versed in the H1B visa process, are getting busier and busier these days. As we are nearing the April 1, 2010 filing deadline for the H1B visa. Many speculations out there as to when will the Cap be reached this year. The economy is still in recovery mode, and employers are careful before hiring. Yet, many Immigration experts feel the Cap will be met early this year, but when is the big question.

With drastic changes to the Labor Condition Application process (now taking more than 7 days to process), as well as unreasonable denials, planning early is the key to a successful H1B case this year. But in this post, I want to go back to the basics, the Cap and the legislative background.

Background

After health care, Immigration is going to be the next big thing. On Tuesday, December 15, Congressman Luis V. Gutierrez (D-IL) will introduce new legislation, the Comprehensive Immigration Reform for America’s Security and Prosperity Act of 2009 (CIR ASAP), to the U.S. House of Representatives. Gutierrez will be joined by members of many different faiths and backgrounds, including the Congressional Hispanic Caucus, Black Caucus, Asian Pacific American Caucus and Progressive Caucus.

“We have waited patiently for a workable solution to our immigration crisis to be taken up by this Congress and our President,” said Rep. Gutierrez. “The time for waiting is over. This bill will be presented before Congress recesses for the holidays so that there is no excuse for inaction in the New Year. It is the product of months of collaboration with civil rights advocates, labor organizations, and members of Congress. It is an answer to too many years of pain —mothers separated from their children, workers exploited and undermined security at the border— all caused at the hands of a broken immigration system. This bill says ‘enough,’ and presents a solution to our broken system that we as a nation of immigrants can be proud of.”

We will follow the Bill’s progress and update our readers.

Immigration activists say they are hopeful that Gov. Deval L. Patrick will support proposals in an advisory report calling for more English classes for the state’s immigrants and in-state tuition for undocumented college students. Patrick released the report containing 131 recommendations, which he called a “values” statement, at a luncheon for immigrant advocates.

Since July 2008, resident immigrants and activists have crowded meetings around the state pressing for those programs and others, including allowing immigrants to get state drivers licenses.

Read more…

Today is Veterans day, and I wanted to send warm wards of support to our Veterans and the active duty men and women fighting for our country day and night.

On October 20, 2009 the U.S. Senate voted to pass the Department of Homeland Security Appropriations Bill Conference Report that contained a provision to end the widow penalty. The House of Representatives previously voted to pass the bill. The bill became Public Law Number 111-83 upon President Obama’s signature of October 28, 2009.

In the past the government has argued that the spouse’s death before the two-year mark ends the marriage, canceling the foreigner’s right to be considered for residency and opening the door to deportation.

The new provision does not directly address the government’s definition of marriage, but it allows foreigners married to Americans for less than two years to submit their own petition for residency within two years of the spouse’s death, as long as they have not remarried and can prove a good-faith marriage.