MAVNI Soldiers’ Naturalization Picking Up Speed

In the past few weeks, we have seen naturalization interviews being scheduled on short notices at local USCIS offices and if the applicant passes the interview, he or she will be sworn in as an U.S. citizen right away.

If you are a MAVNI soldier waiting for BCT or background checks, and has not yet applied for naturalization. Please do not hesitate to contact an experienced immigration attorney to file your naturalization application,  or alternatively contact The American Immigration Lawyers Association (AILA) Military Assistant Program.

 

公民考试顺利通过了,下一步会怎么样?

你必须要在在入籍仪式上宣誓效忠。你效忠誓言后,会收到你的入籍证书

如果美国移民服务局批准了你的N-400入籍申请表,移民局会安排入籍仪式。宣誓完你就成为美国公民了。

入籍仪式类型有2种:一是司法仪式。法院会接受你的宣誓。二是行政仪式中,移民局会接受你的宣誓。

以下是入籍仪式的大概流程:

1.移民局会给你寄N-445通知书以及调查问卷 – 内含入籍仪式的日期,时间,和地点。如果你不能参加预定的入籍仪式,你需要把N-445通知书寄回当地的移民局办公室,并附上一封要求更新日期的信函说明您为什么不能参加预定入籍仪式。如果不参与你的入籍仪式,你的申请可能会被拒。

2.到达仪式后,要办理手续。移民局官员将审查你对入籍仪式通知书调查问卷的答复。请在到达之前完成对问卷的回复。

3.绿卡退还。你在入籍仪式办理入住手续时,必须将你的绿卡归还给移民局。如果你在之前表明了你的绿卡已经遗失,并且你已经尝试追回证件,或者由于你在美国服兵役从未被授予绿卡,则可免除此要求。

4.宣誓效忠。你必须要在在入籍仪式上宣誓效忠。你效忠誓言后,会收到你的入籍证书。

5.领取入籍证书 (Naturalization Certificate)。仔细检查你的入籍证书。如果有任何错误的话,你需要在并在离开仪式前通知移民局。如果你遗失了你的入籍证书,可以通过填写N-565表格,替换入籍证书申请表。

6. 更新您的社会安全记录:入籍仪式结束后,你应该在社会保险管理局 (Social Security Administration) 的当地办公室更新你的社会安全记录 (Social Security Card)

成为美国公民的福利:

  • 美国护照。 你可以在入籍仪式时申请美国护照。也可以在美国大多数邮局或通过网站http://travel.state.gov来申请。
  • 选举投票权。在行政仪式上宣誓效忠之后,你将有机会进行投票登记。你也可以在你所在社区的其他地点注册投票,其中可能包括邮局,车管局,县选举委员会以及您的州务卿办公室。
  • 陪审团。你也可能会被挑中去参与当地法院的陪审团。
  • 医疗保险:根据你所在地的不同,不同地方提供不同的医疗保险福利。

Can You Lose Your U.S. Citizenship Through Denaturalization?

On January 5, 2018,  United States District Court for the District of New Jersey granted the U.S. government request to denaturalize Defendant Baljinder Singh a/k/a Davinder Singh. [Civil Action No. 17-7214 (SRC)]. Defendant had an in absentia deportation order from the United States under a different name than the one he used to secure his green card. He also failed to disclose his immigration records and alias on his N-400 naturalization application.

Recently, U.S. Department of Homeland Security (DHS) identified a large amount of missing fingerprints in its centralized database, and some had undisclosed criminal records. DHS will continue to seek denaturalization of U.S. citizens who obtain citizenship unlawfully. The agency has stated its intention to refer approximately an additional 1,600 cases for prosecution. Natural-born U.S. citizens may not have their citizenship revoked against their will. However, it is different for naturalized citizens. It is rare for a naturalized U.S. citizen to have his or her citizenship revoked, but it does happen.

U.S. citizenship carries its value and importance and taking it away is never treated lightly. So how can the government take away your U.S. citizenship? In a denaturalization proceeding, the U.S. Government has a heavy burden of proof . The law provides for the denaturalization of U.S. citizens whose citizenship orders and certificates of naturalization were “illegally procured or were procured by concealment of a material fact or by willful misrepresentation.” The U.S. government must present “clear, unequivocal, and convincing” evidence justifying revocation of citizenship. The Supreme Court has enumerated four independent requirements for denaturalized:

  • The naturalized citizen must have misrepresented or concealed some fact;
  • The misrepresentation or concealment must have been willful;
  • The fact must have been material, and
  • The naturalized citizen must have procured citizenship as a result of the misrepresentation or concealment.

In short, citizenship could be taken away if the government can prove by clear and convincing evidence that Defendant procured citizenship through illegal means and willful misrepresentation.

 

 

What Does the Reforming American Immigration for a Strong Economy (RAISE) Act Seek To Do

There had been many talks around the Republican-backed proposal: Reforming American Immigration for a Strong Economy (RAISE) Act. In a nutshell, it will significantly reduce the number of people allowed to legally immigrate to the United States. Although unlikely to pass Congress, what changes does the RAISE Act seek to bring exactly?

First, the RAISE Act seeks to eliminate the Diversity Visa Program. The Diversity Visa Program gives immigrant visas to nationals from countries with historically low rates of immigration to the United States. For a list of countries/areas by region whose natives are eligible for DV-2018 and DV-2017, please refer to the DV Instructions.

Second, the RAISE Act seeks to cap the number of refugees who may be admitted in any fiscal year to 50,000 and requiring the President to “annually enumerate the number of aliens who were granted asylum in the previous fiscal year.” Limiting refugee numbers has always been President Trump’s priority, and it is no surprise the RAISE Act mentions it.

Third, in the family-sponsored immigration arena, the RAISE Act wants to change the definition of “Child” at INA §101(b)(1) from an unmarried person “under age 21” to an unmarried person “under age 18,” and change the definition of “Immediate Relative” at INA to include only children and spouses of U.S. citizens (removes parents of adult U.S. citizens). Similarly, it seeks to only allow children and spouses of LPR (green card) holders to immigrant to the U.S. This will effectively eliminate the following current available categories: (1) unmarried sons and daughters of U.S. citizens (FB-1); (2) unmarried sons and daughters of LPRs (FB-2B); and (3) married sons and daughters of U.S. citizens (FB-3); and (4) brothers and sisters of U.S. citizens (FB-4). Parents of U.S. citizens will remain unaffected because under the new legislation, a new category for parents of USC citizens above the age of 21 will be created. The legislation seeks to cap the worldwide level of family-sponsored immigrants  admissions to 88,000 per fiscal year. The effort will significantly reduce the number of family based immigration and make many ineligible to reunite with their families in the United States.

All the above are part of the administration’s efforts to limit the number of immigrants to the U.S. Further, it seeks to replace of Employment-Based Immigration Categories with Immigration Points System. On the numbers, it seeks to limit the number of points-based immigrants to 140,000 (including spouses and children) per fiscal year. This so-called Points-Based System comes with an online portal and a required fee of $160. President Donald Trump has already announced his support for a the points system.

The immigration point system seeks to prioritize immigrants based on their degrees and skills. If they have equal points and equal educational attainment, they will be further ranked according to their (1) English language proficiency test scores; and (2) age, with applicants nearest their 25th birthdays ranked higher. And every 6 months, USCIS is said to invite the highest ranked applicants to file a petition for a points-based immigrant visa. If you want to see if you qualify to immigrate to the U.S., test your scores from Times.com here: http://time.com/4887574/trump-raise-act-immigration/.

Last but not least, the RAISE Act will prohibit naturalization of an individual if the person who submitted an affidavit of support on his or her behalf failed to reimburse the federal government for all means-tested public benefits received by the individual during the 5-year period immediately after the individual became an LPR. It therefore seems that, at no fault of the individual seeking naturalization, she or he might be barred from it. It is unclear whether the individual seeking naturalization is allowed to reimburse the government.

The Act does not mention temporary work visas such as H-1B and H-2 or temporary visitor (B-1/B-2) or student visas (F-1). Its focus remains on the number of available immigrant visas.

Read the full RAISE Act here: https://www.cotton.senate.gov/files/documents/170802_New_RAISE_Act_Bill_Text.pdf If interested, you can read this excellent summary of each section from American Immigration Lawyer’s Association (AILA): 17080732

 

 

 

 

在美国参军但是基础训练一直被延迟怎么办?

在 INA§329 的军队公民申请计划下,MAVNI预备役军人,但BCT的日期被延迟或取消,也可以有资格入籍。换句话说,只要服役一天就可以使得外国国民有资格入籍。我们的办公室已成功帮助许多MAVNI预备役军人提交申请公民文书。如果您的BCT延迟,您可能仍有资格成为美国公民。

目前有很多关于MAVNI项目的谣言以及诉讼。大家需要牢记的是,并不是发生在其他人身上的情况久肯定会发生在你的身上。每个人的案子都是不同的,有时候就是一个小细节的差别。请致电913-717-7112了解您的选项。

Fiscal Year 2017 – Options for Military Accessions Vital to the National Interest (MAVNI Program) Applicants, Enlistees, and Service Members in Delayed Entry Program (DEP)

Options for Military Accessions Vital to the National Interest (MAVNI Program) enlistees in the Delayed Entry Program (DEP) – whose entry has now been delayed or cancelled – have two potential options: (1) Deferred Action and/or (2) Naturalization.

  • You should file for Deferred Action even if you have other immigration options pending. New protocol requires each MAVNI enlistee have his or her immigration status checked before basic training. People who have fallen out of immigration status or authorized stay will not be permitted to basic training. In other words, the enlistees need to maintain lawful/authorized status or Deferred Action to save their MAVNI seat. If you are eligible for naturalization, please also consider applying for Deferred Action because of the lengthy delays in naturalization screening and security clearance.
  • In addition, under military naturalization of INA § 329, MAVNI enlistees already serving honorably on active duty, Selected Reserve of the ready reserve, including any drilling Army Reserve MAVNI enlistee whose ship date to BCT is delayed or cancelled, are eligible to naturalize. In other words, one day of service in the Selected Reserve makes a foreign national eligible to naturalize. Further information about the filing process for military naturalization is available through the USCIS web page.

Call 913-717-7112 today to find out about your options as an MAVNI enlistee. Our office has successfully helped many MAVNI enlistees obtain the necessary naturalization paperwork. If your BCT is delayed, you may still qualify to become a U.S. citizen. 

Naturalization Civics Test Answer Updates | 公民考试回答更新

ATTENTION: Naturalization Test Preparers! USCIS updated some of the answers related to the new administration. The following answers are updated –

Question Update
20.  Who is one of your state’s U.S. senators now? The answer to this question may have changed on January 3, 2017, when the 115th Congress began to meet.

Give the name of one of your state’s current U.S. senators. For a list of current members of the U.S. Senate, please visit www.senate.gov.

23.   Name your U.S. representative. The answer to this question may have changed on January 3, 2017, when the 115th Congress began to meet.

Give the name of your current U.S. representative. For a list of current members of the U.S. House of Representatives, please visit www.house.gov.

28.  What is the name of the President of the United States now?
  • Donald J. Trump
  • Donald Trump
  • Trump
29.  What is the name of the Vice President of the United States now?
  • Michael R. Pence
  • Mike Pence
  • Pence
43.  Who is the governor of your state now? The answer to this question may have changed depending on inauguration dates.

Give the name of your state’s current governor. For a list of current governors, please visit http://www.usa.gov/Agencies/State_and_Territories.shtml.

46.  What is the political party of the President now? Republican (Party)

注意:公民考试测试准备! USCIS更新了与新政府相关的一些答案。 以下答案已更新 –

更新
20. 现在谁是你们州的美国参议员之一? 这个问题的答案可能在2017年1月3日第115届大会开始时改变了。提供您所在州的当前美国参议员的姓名。有关美国参议院现任成员名单,请访问www.senate.gov.
23.   命名您的美国代表. 提供您目前的美国代表的姓名。有关美国众议院现任成员名单,请访问www.house.gov.
28. 现在美国总统的名字是什么?
  • 唐纳德·特朗普
29. 现在美国副总统的名字是什么?
  • 迈克·彭斯
43. 你现在的州长是谁? 这个问题的答案可能会根据就职日期而改变. 给出您所在州目前的州长名称。有关当前的州长名单,请访问 http://www.usa.gov/Agencies/State_and_Territories.shtml.
46. 现在总统的政党是什么? 共和党