Mon, May 7th, 08:00 AM
One of the hardest things about immigration process is that in some cases they unfortunately mean that families are separated. While family members are trying to get an immigrant visa to enter the US in order to live with relatives, for example, they cannot live in the US. Sometimes, the process can take many months or even years, and while the US does all it can to reunite families the separation is challenging.
The US has recently taken some steps to reduce the amount of time families must wait to be reunited. This year, the Department of Homeland Security (DHS) has outlined a plan to reduce the amount of time families need to spend separated when getting green cards for immediate relatives. However, since that announcement, the USCIS has been informed that there is some confusion about the effects of this plan and some confusion about the provisional unlawful presence waiver process. The USCIS therefore has released an official statement indicating that:
1) Currently, the Provisional Unlawful Presence Waiver is not in effect. The plan has only been submitted and once the Provisional Unlawful Presence Waiver is in effect the USCIS will announce this. This could happen later in 2012. As a result, applicants should not apply for a Provisional Unlawful Presence Waiver – any such applications will be rejected.
2) Applicants and immigrants should be wary of immigration experts, immigration attorneys and notarios who claim that they can secure a Provisional Unlawful Presence Waiver in exchange for cash. No Provisional Unlawful Presence Waivers are currently available to any applicant, so any expert making such claims is not being upfront. In many cases, these experts will attempt to secure money up front in exchange for a Provisional Unlawful Presence Waiver but will not be able to produce the waiver and may refuse to refund any money paid. More information about immigration scams can be found at www.uscis.gov/avoidscams.
3) Anyone interested in a Provisional Unlawful Presence Waiver should wait until the USCIS announces that the Provisional Unlawful Presence Waiver is in effect. At that time, the USCIS will provide details information about applying for the waiver.
Mon, Apr 30th, 2012
The processing times for various USCIS applications vary, and some forms are even further delayed due to administrative errors. Administrative errors can be especially frustrating for applicants, since these errors can significantly delay the immigration process and can lead to a rejection or denial of an application that should have been accepted. Luckily, the USCIS makes provisions to ensure that applicants do not suffer unduly because of internal errors.
In April 2012, the U.S. Citizenship and Immigration Services (USCIS) announced an expedited process for dealing with administrative errors. Under the changes, the USCIS will use a faster process to correct and investigate decisions that were caused by USCIS errors. Under the new process, applicants will be able to ask for an expedited review and correction of their case in situations where administrative errors or data entry problems caused a rejection or denial of an immigration application or petition.
If you have had an immigration petition or application rejected or denied due to an administrative error, you can request this type of expedited service by calling the National Customer Service Center (NCSC) at 1-800-375-5283. Currently, only applicants in these specific situations will be eligible for expedited service:
1) A petition or application was denied or rejected because a Request for Evidence (RFE), Notice of Intent to Revoke (NOIR) or Notice of Intent to Deny (NOID) was not received on time, even though the applicant did submit the necessary paperwork or did not receive the initial request. If the applicant submitted a change of address form but the USCIS accidentally sent the RFE, NOID, or NOIR to the old address, the applicant may also request the new expedited service.
2) A petition or application was denied or rejected because a biometrics appointment was allegedly not kept, even though the applicant can prove that he or she rescheduled the appointment or arrived at the appointment.
Once an applicant has submitted the request for expedited service after an administrative error has been made, the USCIS will try to start the process for correcting the problem within five business days.
Mon, Apr 23rd, 2012
The law of the US ensures rights to everyone, regardless of their ethnicity, race, gender, or sexual orientation. Now, the U.S. Citizenship and Immigration Services (USCIS) has revised its policies to better protect and help those who are transgendered. Recently, the USCIS has accounted a Policy Memorandum which will change how transgender individuals can assign their gender designations on USCIS immigration forms. The policies will also ensure that if a transgender person has married as part of a recognized and legal different-sex marriage, the USCIS will recognize the marriage for immigration purposes, even if one party alters their gender subsequently.
The new changes will be present in the Adjudicator’s Field Manual, which is the manual used by USCIS staff who take care of immigration forms and processes. Harper Jean Tobin of the National Center for Transgender Equality (NCTE) has praised the USCIS’s new move, stating that it reflects the Obama Administration’s obligation to equality. Tobin feels that the new changes will make it easier for transgender individuals to claim immigration benefits that they are entitled to, with fewer delays and fewer intrusive questions.
The USCIS’s changes are based on and part of similar changes occurring in other government agencies. The U.S. State Department, for example, has updated its passport policy, so that transgendered individuals do not need sex reassignment surgery in order to declare their gender on passport forms. The new steps allow a doctor to certify a person’s gender, without requiring surgery.
Tobin has stated that the new changes help to offset the Defense of Marriage Act, which many find discriminatory. As well, the new changes ensure that transgender immigrants arriving in the US get access to the same benefits that non-transgendered individuals can enjoy. However, Tobin has also stated that more needs to be done to ensure equality for all immigrants.
Mon, Apr 16th, 2012
U.S. Citizenship and Immigration Services (USCIS) has announced that it is still accepting H-1B nonimmigrant applications which fall under the numerical cap for fiscal year 2013. These applications were first accepted on April 2, 2012, and in many cases there is a flood of petitions once the immigration applications are accepted, since only so many H-1B nonimmigrant petitions are accepted each year.
So far this year, the USCIS has reported that they have received 17,400 H-1B applications subject to the numerical cap. This year, as with last year, the numerical cap for the year is 65,000 petitions. In addition, there is a 20,000 cap exemption for petitioners who have advanced degrees. The USCIS has reported that they have received roughly 8,200 applications from H-1B petitioners with advanced degrees.
If you are interested in applying for an H-1B nonimmigrant visa this year, it is imperative to submit your application as soon as possible, especially if your petition will be subject to the numerical cap. The USCIS will continue to update about the number of petitions received. If you hope to submit an H-1B petition this year, it is important to check for updates, since once the cap is reached the USCIS will no longer accept petitions subject to the cap.
Starting April 9, H-1B petitions submitted for premium processing will be subject to a 15-day processing time frame. For H-1B petitions submitted for premium processing that were submitted after the first five-day filing period, processing begins on the day that the USCIS receives the correctly completed application.
If you are filing for an H-1B visa you may not be subject to the cap, especially if you work for certain nonprofit, government, or research organizations. If you are filing an H-1B petition but have previously been counted against the cap in the past six years, you may not be subject to the cap for fiscal year 2013. This means that you may file for an H-1B visa even when the USCIS meets its cap for the year.
Mon, Apr 9th, 2012
Voting is one of the privileges and rights of US citizenship. Both naturalized citizens and those who are US citizens by birthright can vote in elections in order to shape the government. To take part in shaping the laws of the country, residents need to go through the process of citizenship. However, the Secretary of State in Colorado is concerned that some noncitizens have been casting their votes.
Scott Gessler, the Secretary of State in Colorado is tackling illegal voting, saying that it is an issue in many states but few states are taking concrete action against the problem. According to Gessler and other legislators, some non-citizens are registering to cast ballots. According to the office of the Colorado Secretary of State, approximately 4500 registered voters in Colorado may not be US citizens. About 2000 of those voters cast their votes in the 2010 election.
Some legislators have asked Gessler to name those registered voters he believes may not qualify to vote, but Gessler has shied away from doing so until his office can sort out who on the list is and is not a US citizen. He has stated that he does not want to accuse anyone until he has more information about anyone who may have voted illegally.
Gessler has asked the Department of Homeland Security to help determine who on the list is a naturalized US citizen. In many cases, the names appeared on a Colorado driver’s license, where the names were identified as belonging to a noncitizen. However, those same names later appeared on the voter registration list. Gessler has admitted that some of the names on the list may simply have become citizens before the 2010 election, making them eligible to vote, but had not yet changed their status on their driver’s licenses.
Gessler has stated that he has sought advice from Attorney General John Suthers and from attorneys. Based on this advice, he has decided not to release the names in question to county clerks.
In 2011, Gessler introduced legislation which would have allowed a secretary of state to question voter citizenship. That law was defeated in Senate. Now, Gessler has stated that it has taken him some time to secure assistance from the Department of Homeland Security regarding the issue, which has been frustrating, he has said.
Mon, Apr 2nd, 2012
U.S. Citizenship and Immigration Services (USCIS) is looking for public comments about new changes to the USCIS Form I-9 (Employment Eligibility Verification), according to a recent notice in the Federal Register. USCIS Form I-9 (Employment Eligibility Verification) is a unique form in that it is not filed with the USCIS. Instead, by law, all employers must complete a USCIS Form I-9 (Employment Eligibility Verification) when hiring a new employee. The form requires employers to check the employment authorization of all new employees. Employers are then required to file the form and to keep it. If a government authority requests the form, employers must be able to produce a USCIS Form I-9 (Employment Eligibility Verification) for all current employees and recent employee. The form is intended to help employers verify that they are hiring documented employees and is intended to help fight undocumented work.
The new revisions for the form include a new layout and more comprehensive instructions for the form. As well, the new form has optional data fields, where the employee can list a telephone number and email address. In addition, there are new data fields for information about the employee’s passport, including the passport number. Employees who have an I-94 admission number and are authorized to work in the US will be required to provide this information about their passports.
The public can comment on these changes until May 29 of 2012. To comment, anyone can visit www.regulations.gov. On the website are detailed instructions for commenting on the form revisions. The public can look at the current form on the USCIS website and the revised form at www.uscis.gov/I-9central.
Once all comments have been accumulated and the USCIS has made final decisions about the I-9 form, the USCIS will issue a new Form I-9. When this happens, the USCIS will place the new form on its website and will issue information about the new form on the I-9 Central website. Until that new form is released, employers need to use the current version of the form.
Mon, Mar 26th, 2012
Government grants are often a great way for organizations and individuals to get funding for a variety of projects and contributions that can have an impact on US society. Grants do not need to be repaid but give organizations and individuals the financing needed to pursue important projects and work. The U.S. Citizenship and Immigration Services (USCIS), for example, offers a number of grants related to immigration. In late March 2012, the USCIS has announced a new grant opportunity.
The competitive grant is designed to help prepare qualified candidates for citizenship and to help encourage civic integration of immigrants and newcomers. The 2012 grant program will offer $5 million in financing to communities and citizenship preparation groups who are actively working to promote these two aims. Groups and communities across the nation are qualified to compete for the grant funding.
The USCIS has announced that it hopes the grant will help provide more citizenship preparation options and solutions. It is estimated that about 31 recipients will get funding through the grant program by September 2012. To qualify, groups will need to offer naturalization application assistance and citizenship classes or courses.
The Citizenship and Integration Grant Program was established in 2009. Since then, the USCIS has handed out 111 grants and $18.3 million to organization and groups that help immigrants. Through this funding, more than 28,000 green card holders in 30 states have benefited by getting quality assistance and citizenship instruction.
Any group or community that is committed to helping green card holders become US citizens through citizenship classes and other services can apply for the 2012 competition. The competition closes May 7, 2012 and all applications must be completed by then. Organizations can apply and learn more about the grant program by visiting the USCIS grant page at www.grants.gov or www.uscis.gov/grants. Organizations will need to register to apply and the application process can be involved in a competition. Therefore, organizations who want to secure funding should visit the website and start forming a competitive application as soon as possible. More information about the grant program is also available through the USCIS Office of Citizenship or by email (citizenshipgrantprogram@dhs.gov).
Mon, Mar 19th, 2012
There are more than 40 nonimmigrant visas available for visitors to the US who wish to enter the country for a short, specific period of time. Nonimmigrant visas do not allow visitors to work and live in the US, but do allow visitors to remain in the US for varying amounts of time. If you have entered the US on a nonimmigrant visa, you may find that your reasons for staying in the US change. For example, after being in the US you may decide that you want to live and work in the United States. You may decide to extend your stay or you may decide to change the reason for your stay. In most cases, you will need to change your status to stay in the US once your plans change.
There are a few requirements you must meet before changing your status. First, you must make sure that you have entered the US legally and have not done anything illegal or anything that violates the terms of your visa while in the US. Next, you must determine whether you have enough time to change over your status before the departure date on your Form I- 94 (Arrival-Departure Record). You must also determine what status you wish to change to and whether you need to leave the US to apply for a new visa. All of this will depend on your specific circumstances.
If you have a D, C, K-1, K-2, S, TWOV, WB, or WT visa or status you will need to leave the US and attempt to get into the US on a different status. In these cases, you will not be able to adjust your status while in the US. If you qualify to change your status based on an employment-based application, you will generally need to get your employer to file USCIS Form I- 129 on your behalf. To change status from many other categories, you will need to file USCIS Form I-539. However, what form you will need to file will depend on your current status and the type of status you are seeking.
Mon, Mar 12th, 2012
There are many ways to get proof of US citizenship if you are a US citizen. For example, if you have gone through the naturalization process you will typically be provided with a naturalization certificate, which you can use to prove your citizenship.
If you were born abroad to US citizen parents or were born in the US, you may be a US citizen by birthright. You can claim proof of citizenship by applying for a citizenship certificate through the USCIS. Another option is to apply for a US passport through the US department of state. Even if you do not have a certificate of citizenship, if you have proof that you have been born to US citizen parents or were born in the US, you can generally get a US passport, which you can use as proof of citizenship. In fact, you may find that applying for a US passport is less expensive and faster than applying for a citizenship certificate. After you file Form N-600 with the USCIS to get your certificate of citizenship, it can take six months for your certificate to get to you. A US passport, on the other hand, takes just weeks.
There are many reasons why you may need to prove your citizenship. If you are applying for US benefits, a job in the US, or college in the US, for example, you may need to prove your status. A certificate of naturalization or certificate of citizenship can prove your status. In virtually all situations, however, a US passport is enough to prove your status. You can use your passport to travel and to prove US citizenship, even when applying for government benefits, making it one of the more flexible forms of identification.
It is important to have proof of US citizenship so that you can prove your status when you apply for jobs, benefits, and other situations where citizenship status is important. In most cases, however, a US passport is adequate proof of citizenship. Therefore, it is a good idea to apply for a US passport as soon as you are eligible to do so.
Mon, Mar 5th, 2012
US citizens who live outside the US, as well as US citizens who hold dual citizenship are still responsible for paying US taxes. In fact, the IRS (Internal Revenue Service) requires all US citizens, regardless of where they live, to disclose foreign financial accounts and to pay taxes on any income they earn – anywhere in the world. This rule affects US-Canadian dual citizenship holders and US citizens living abroad rather hard. The IRS also has a challenging time ensuring that US citizens aboard declare their income and foreign financial accounts for tax purposes.
As a result, American Citizens Abroad (ACA), an organization that represents US citizens living outside the US has proposed some tax changes. ACA would like to see taxes based on residence rather than citizenship as well as a number of other reforms. So far, the ACA has met with staff from the Joint Committee on Taxation and the House and Senate to discuss their proposals. However, it is not quite known how much support the ACA will get for their reforms.
Currently, the US is the only developed nation that has citizenship-based rather than residence-based tax rules. Ostensibly, the rule is in place to prevent citizens from taking advantage of offshore tax amnesties. However, there have been a number of criticisms about the system. In many cases, US citizens living abroad face two taxes – the local tax and the US tax – which has a very negative financial impact. Many US citizens abroad also question the taxes imposed on them by their government, noting that since they live outside the US they take advantage of very few or none of the tax benefits offered to US residents.
Enforcing the US citizenship-based tax rule also has caused headaches. It has led to the passage of FATCA (the Foreign Account Tax Compliance Act), which places requirements on international banks to report information. Some US citizens living outside the country are facing problems as a result of FATCA, as some banks would rather close accounts than go through the work of complying with reporting requirements.
