Immigration and Naturalization Fundamentals

These following principles are incarnated in federal law on legal permanent residence, the Immigration and Naturalization Act (INA) in the year 1952.
- The reunification of families
- The admission of immigrants with needed skills
- The protection of refugees
- The diversity of admissions by the country of origin
Noncitizens are described as “any person not a citizen or national of the United States” another word is ‘Alien’. In this category even the people who violated the rule of the Immigration and Naturalization Act (INA), who are here legally.
There are two basic types legal of aliens are immigrants and non-immigrants. Immigrants are aliens who look for obtaining Green Card and later which will lead to obtain US Citizenship. Non-immigrants – such as tourists, foreign students, diplomats, skilled and unskilled workers, exchange visitors are admitted for specific purpose and short or temporary period time.
Preference Category
Entering US either in immigrant or non-immigrant visa is subjected to numerical limits and preference category, on basis of family relationship, geographic diversity and skilled workers. Allocated number for family based immigration is 226,000, for employment based is 140,000 and for diversity (Lottery Program) is 55,000 and few numbers for refugees and aslyees which come around 650,000 worldwide cap (which changes yearly).
Most of immigrants enter US because of the relationship with the US Citizen or even Lawful Permanent Residence. 64% legal immigrants entered US on the basis of family ties (FY 2001) below list provide the break-up for each of Immigrant category.
1. Immediate relatives of citizens – 443,964
2. Family preference – 232,143
3. Employment preference – 179,195
4. Refugee and asylee adjustments – 108,506
5. Diversity – 42,506
6. Other – 58,495
Refugees and Asylees
Obtaining a Refugees status or admission is a persecution of situations of “special humanitarian concern” to the United States. The allocation of the number for Refugee preference, among refugee groups are decided at the start of the each fiscal year by the President after consulting with the Congress. Asylum status is granted on a case by case basis to alien physical presence in US.
Removal from US
CBP (Customs and Border Protection) are the consular officer upon entry to the US of an Alien they decide whether you are eligible, if ineligible under so called “grounds of inadmissibility” of INA. Categories are:
- health-related grounds;
- criminal history;
- national security and terrorist concerns;
- public charge (e.g., indigence);
- seeking to work without proper labor certification;
- illegal entrants and immigration law violations;
- lacking proper documents;
- ineligible for citizenship; and,
- aliens previously removed.

Benefits of Dual Citizenship

Being a Dual Citizen simply means that a person is a citizen of two countries at the same time. One who has dual citizenship is considered to be a citizen of two countries. Every country has different and unique citizenship laws. You can have dual nationality through operation of different laws than by choice. If you are a US citizen and your child was born in a foreign country, the child can be both a US citizen and a citizen of the country where he/she was born. It simply means that the country where the child is born can enable the child to hold citizenship automatically there and the parent’s citizenship can also be passed to the child. In other circumstances, you can have citizenship in a country and file to become a naturalized citizen of another nation. Off late, the Dual citizenship concept is being accepted and becoming more common. It offers many benefits.

Travel

If you have dual citizenship, it means you will have passports of both countries. Traveling with the correct visa in these countries can help you cross the borders more easily, without many hassles. If you have a passport of a country that is a part of the European Union, with that passport, you can travel and stay in any country throughout the European Union without the need for a visa or residency requirements.

Work

Countries normally reserve or keep jobs for their citizens. Visitors should get special work visas. If you do not have citizenship and filing for a work visa, the chances do not look bright. Through Dual citizenship, the chance to work in either country is doubled.

Connections to the place where one was born

Some persons prefer to stay and be a naturalized citizen in one country while not completely cutting off their connections to their family and place they were born. Having dual citizenship, they are generally allowed to retain their rights to vote in both countries. They are also permitted to own property and qualify for government health care (if applicable.)

Property

There are certain countries that impose restrictions on property ownership depending on citizenship. For example, a country may not allow a foreigner to own a land near a border or coastline. In such countries, if you want to live there full or part time, you may find that being a naturalized citizen will allow you to own property, and travel back and forth conveniently.

Wide Acceptance

Earlier, laws in some countries prohibited a naturalized citizen from retaining the citizenship of the country he/she was born. Now, dual citizenship is widely accepted and allowed. Many countries have modified their laws to encourage citizenship and offer it to former citizens, their children and others who want to have more than one passport.

Retirement

Off late, many countries are making things easier for people to get citizenship more easily for retirement in other countries that can be more affordable, such as in Latin America. Countries such as Panama, Belize and Mexico encourage people to settle down there. In other instances, one with a parent or grandparent in countries such as Italy or Ireland may qualify for citizenship there.

Asylees Adjusting Status in the US

One year after granted asylum status, you will be allowed to adjust your status to legal permanent residence (green card). You are also allowed to submit petitions to petition for your family members – spouse, minor children, and unmarried adult sons and daughters for permanent residence in the US.

As an asylee, to apply for adjustment of status, you have to prove that

- you have been physically present in the US for one year after getting asylum status
- you still are a refugee (with a “well-founded fear of persecution,” etc.)
- you have not resettled in another country
- you do not fall under the “inadmissible” category or warrant a waiver of applicable grounds of “inadmissibility.”

It is mandatory you submit the following documents:

- Form I-485 along with the submission fee
- Form G-325
- 2 passport styled photographs
- Fee for fingerprinting
- Adequate proof of asylee status (copy of I-94 and letter granting asylum or decision by Immigration Judge)
- Birth certificate
- Evidence that you have been living in the US for the last year (copy of lease, bills, pay stubs, or receipt of government benefits)
- Proof of change of name legally (if you have legally changed your name since getting asylee status.

Asylees need not prove that they are not likely to become a public charge in the US. Persons receiving means-tested benefits (public assistance or SSI), will also qualify for legal permanent residence. If you cannot afford to pay the fee, you can request a waiver of the filing fee for the adjustment of status application. Here you should prove that paying the fee would result in financial hardship.

After you file the application, you can expect to receive an interview notice along with a medical examination form that you will need to complete. In situations where you happened to enter the US with fraudulent documents (passport purchased on black market), it is mandatory you file an application for a waiver of inadmissibility (Form I-602). Though it is mandatory you submit the application with the necessary supporting documents with the USCIS, the interview will entirely focus on your eligibility for adjustment to green card status and not on the underlying asylum claim. Remember that not all asylee applicants filing for adjustment of status will have interviews. In some occasions, decisions on some applications are adjudicated simply on paper by mail.

Naturalization

After being a legal permanent resident for five years, you can file the application for naturalization (Form N-400) to become a US citizen. Note that after you, as an asylee are granted permanent residence, the date of admission is one year before the date of approval of the adjustment of status petition. It simply means that the five-year period required for Naturalization is reduced to four years. Remember that US Citizenship is the highest US immigration status and it has many advantages when compared to being in another legal status. The main advantage is the right to vote in federal elections.

Children born in United States of America Soil

Per the Department of Homeland Security (DHS) Office of Immigration Statistics (OIS), I-94 non immigrant admissions can be sub divided into three categories

• Non-resident,

• Short-term resident, and

• Expected long-term resident

The word “resident” should not be meant as “lawful permanent resident” of the US. It is mentioned only as an easy short-hand. The “non-resident” non-immigrant classification generally includes visitors for business or pleasure (tourists). They are generally authorized to remain no longer than six months. However, they can apply for extensions to stay an additional period of time. Due to this short stay, childbirths in this classification might be relatively low.

The “short-term resident” non-immigrant classification consists of trainees, students, exchange visitors, treaty traders and investors, intra-company transferees, and other types of non-immigrants who probably will be in the US for a longer period. Thus chances of them give birth to a child while physically present in the US are more.

Non-Resident Non-Immigrants: Per OIS report, 47.3 percent of the total “non-resident” non-immigrant admissions are women. The estimate figure is 4,555,942 female admissions for that non-immigrant category in 2009. An estimated 3,890,774 female tourists are in the child-bearing age.

The US currently does not have a formal exit recording system that would provide data on how many of these visitors are likely to remain in the US long enough to have a child, but in the past DHS researched the travel patterns of temporary visitors through the I-94 arrival/departure forms. Per their report, most foreign tourists stay for a short period of about two weeks or less, but a significant number stay longer. The OIS departure data suggests that about 20 percent of tourists are here for three months or longer, a period that would provide the opportunity for a pregnant visitor to give birth and recover. It roughly estimates that about 780,000 women are legally present visiting here long enough to have a child.

Per the US Census data, in 2009, 5 percent of all foreign national women aged 18 to 35 who arrived within the last year reported giving birth during the year. It could well mean as many as 39,000 births annually to women who have arrived as tourists.

Short-Term Resident Non-Immigrants: Using the same principle as was used above with “non-resident” non-immigrants, we can arrive at a figure of 770,452 admissions of women in the specified age range in 2009. Artists, entertainers, athletes, and their entourages tend to make shorter visits. They comprise 5 percent of short-term resident admissions, so the figure can be reduced to 732,000.

The number of admissions is not the same as the number of individuals as some tend to come and go many times during the year. Since the average length of time before departure and return is six months at a time, it simply means that the average visitor in this classification will have two admissions per year. So the number of individual visitors can be somewhere close to half the number of admissions. So the estimated population of short-term resident women of child-bearing age can be estimated at 366,000. Using the 5 percent birth rate, we can roughly say that 18,300 children might have accrued U.S. citizenship at birth for this non-immigrant category.

Per the Congressional Budget Office, “The total number of [non-immigrant] admissions in 2009 includes approximately 126 million admissions of Canadians and Mexicans who can enter the US without a visa and who need not have to fill out an Arrival/Departure Record (an I-94 form) when they enter. This number includes Canadian nationals traveling for business or tourism purposes and certain Mexican nationals with Border Crossing Cards.

How Important Good Moral Character while Filing for Naturalization

Being a person of good moral character is one of the key requirements when it comes to applying for naturalization. You will not be considered to be of “good moral character” if you happen to commit certain crimes during the five years before you file the citizenship application or even if you lie during their citizenship interview.

General behaviors that show a lack of good moral character are:

• Drunk driving or being drunk most of the time.
• Illegal gambling.
• Prostitution.
• Lying to gain immigration benefits.
• Failing to pay court-ordered child support.
• Committing terrorist acts.
• Persecuting someone because of race, religion, national origin, political opinion, or social group.

You will never qualify for citizenship if you commit certain specific crimes. In such case, you will also be most likely removed from the US. These crimes are referred as “bars” to citizenship. Crimes those are “aggravated felonies” (if they were committed on or after November 29, 1990) are murder, rape, sexual abuse of a child, violent assault, treason, and illegal trafficking in drugs, firearms, or people. These will result in permanent bars to naturalization.

Also note that immigrants who were exempted or discharged from serving in the US Armed Forces as they were immigrants and immigrants who deserted from the US Armed Forces are also subject to permanently bar. Your case will be rejected if you act in other ways that show you lack good moral character. There are other crimes that are temporary bars and it generally prevent you from becoming a citizen for up to five years after you commit that crime.

It is very important that you report any crime you committed when you apply for naturalization. You are also required to disclose all the crimes removed from your record or committed before your 18th birthday. If you try to hide it from the USCIS, your application will be rejected you can also be prosecuted. So remember to be transparent in all your disclosures.

There are many licensed and competent immigration lawyers who can help you with an immigration issue. Contact the local bar association to find one. There are some states that also certify specialists in US immigration law. If you need legal help on an immigration issue, but do not afford the fee to hire a lawyer, you do have a few low cost or free assistance options. Help is available from:

A Recognized Organization: is recognized by the Board of Immigration Appeals (BIA). To qualify under this classification, the organization should have enough knowledge and experience to provide services to immigrants. They are entitled to accept a nominal fee for those services.

An Accredited Representative: are connected to BIA “recognized organizations.” These representatives too are entitled to charge a very nominal fee for the services they provide.

• A Qualified Representative: provide free services. They have to know about US immigration law and the rules of practice in court. Examples of qualified representatives are law school students and graduates. People with good moral character who have a personal or professional affiliation with you also are eligible.

• Free Legal Service Providers: There are many attorneys and organizations willing to help foreign nationals in proceedings before the Immigration Courts. The attorneys and organizations help immigrants free of charge only in immigration proceedings. Some of them may not be able to help you with non-court-related matters (visa petitions, naturalization, etc.).

Development, Relief and Education for Alien Minors – DREAM

The DREAM Act (Development, Relief and Education for Alien Minors) was a proposal enacted by the US legislation on August 1, 2001. It was re-introduced in the US Senate on May 11, 2011. Through this enactment, illegals and foreign national students who graduate from US high schools having good moral character, but are deportable can get conditional residency. To qualify, they should have entered the US legally or illegally as minors. In addition, they should have been in the US continuously for a period of at least five years before the bill was enacted.

The DREAM Act can turn to a win-win situation. It would give legal status to illegal students, who can contribute to the US and on the other hand, the US can use the students’ education and talents. If you (the student) contribute two years in the US military or two years at a four year institution of higher learning, you will qualify for six years of temporary residence. Within this six year period, you are required to get a degree from an institution of higher education in the US or completed at least two years in a program for a bachelor’s degree or higher degree in the US OR served in the armed services for at least 2 years. If you served in the armed services and discharged, it should have been an honorable discharge.

If your permanent resident status is terminated, you will return to the immigration status you were immediately before you got conditional permanent resident status under the DREAM Act. Per the 2009 version of the senate bill, you should submit evidence of having arrived in the US before reaching 16 years of age. You should possess residence proof in the US for at least five years since you arrived. In addition, you should have registered with the Selective Service (if male) and be between 12 and 30 years old at the time the DREAM Act was enacted. Apart from the said requirements, you should have graduated from an US high school, got a GED, or admitted to an institution of higher education. Not to forget having a good moral character.

If the DREAM Act is passed and you meet all the requirements mentioned above, you have to apply for the DREAM Act. There are no clear guidelines on how to apply as the bill is not passed as yet. After it is approved and you are given conditional residency, you are required to enroll in an institution of higher education to get a bachelor’s degree or higher degree OR enlist in one of the branches of the US Military. Before completing six years of approval for conditional residency, you should have completed at least two years of one of the points mentioned in the previous sentence. After you complete five and a half years of the six year period, you are eligible to apply for Legal Permanent Residence. You then subsequently qualify for American Citizenship five years after being a legal permanent resident.

If you have already completed at least two years of college education towards a bachelor’s degree or higher degree, you still are required to wait the five and half years to qualify for Legal Permanent Residency though you might already got a degree.

Naturalization Interview and Oath Ceremony

As part of the Naturalization process, it is mandatory that all applicants attend an interview.  If you cannot attend the interview on the scheduled date, you can write to the USCIS office where your interview is to be held at the earliest and request to re- schedule your interview.

Though you are allowed to re-schedule the interview, remember that it will further lengthen the naturalization process, leading to an unnecessary delay in getting your certificate.  So in your best interests, try not to change the original interview date.  But if you don’t attend the interview and fail to inform the USCIS, they will “administratively close” your case.  Another fact is that if you do not contact them to schedule a new interview within one year after they close your case, they will reject your citizenship application.

Make sure USCIS has your most current address; else you may not receive any notification from them.  If you do not keep them informed, they will not able to notify you about the date and time of your naturalization interview or about additional supporting documents you have to send or bring for the interview.

If you move to a another address after filing your application, it is mandatory that you call the USCIS at their toll free telephone number 1-800-375-5283 to bring to their notice about the change in your address on your pending application.  You are required to inform the USCIS of the new address each and every time you shift to a new place.  Calling the customer service alone will not suffice.  You should file Form AR-11, “Alien’s Change of Address Card”.  It is important to note that you should file this Form within ten days after having moved and you need not pay and fee while filing this form.   Another aspect is to keep the U.S. Postal Service aware of your new address so any mail to you can be forwarded to your new address.

You will reach the highest immigration status in the US by becoming an US citizen as soon as you take the Oath of Allegiance to the US in a naturalization ceremony.  You can either take the Oath the same day as your interview or have the ceremony at a later date.  The USCIS will notify you of the ceremony date through Form N445, “Notice of Naturalization Oath Ceremony”.  If you cannot attend the oath ceremony as scheduled, you should return the Form N-445 to the local USCIS office.  Attach a letter stating why you cannot attend the ceremony.  Make copies of the notice and your letter before you mail it to USCIS.  Once the USCIS receive your letter, they will reschedule the date and send you a new Form N-445 that will have the re-scheduled date.

The hard truth is that not all applications will be approved.  If your request is rejected and you feel that USCIS was wrong in rejecting your case, you can request a hearing with an immigration officer.  USCIS will send a letter that will have the details as how to request a hearing and will also have the form you need. Form N-336, Request for Hearing on a Decision in Naturalization Proceedings under Section 336 of the INA” is used to file an appeal.  You should file this form, along with the appropriate fee to USCIS within 30 days of having received the denial letter.

Naturalization Applicants with Disabilities

If you are applying for Naturalization and have a physical or mental impairment that makes it difficult for you to complete the citizenship process, the USCIS will make accommodations or certain modifications under section 504 of the Rehabilitation Act, 1973. The USCIS will make accommodations for such applicants with disabilities for whom the process needs certain modifications in order to demonstrate their eligibility.

Waivers for Citizenship Applicants

If you are using a wheelchair, the USCIS will make sure that you are fingerprinted, interviewed, and sworn in at a location that is accessible to a wheelchair. If you are hearing impaired, the USCIS officer interviewing you will speak loudly and slowly, or will co-ordinate with you in arranging for a sign language interpreter. If you require a sign language interpreter during the oath ceremony, you should mention it in the N-400 citizenship application in the section where you are asked if you need an accommodation for a disability. If you are using a service animal (guide dog), you can bring your dog along with you to the interview and oath ceremony.

The USCIS takes utmost care to make sure the naturalization process is easier for citizenship applicants with disabilities. If you need some kind of accommodation, you have to write a letter explaining your requirements and send it to the USCIS district office that will interview you after you receive your interview notice. If you have a physical or mental impairment because of which you cannot learn or demonstrate the required knowledge of English and civics, you can apply for an exemption to the tests. To request an exemption, you are required to file a “Medical Certification for Disability Exceptions” (Form N-648). If you are eligible, get in touch with a licensed medical or osteopathic doctor or licensed clinical psychologist and he/she has to complete and sign your N-648 form.

If you are eligible for a waiver of the English proficiency requirement, you have to bring an interpreter along with you. To qualify for a disability exception, your disability has to be at least one year old (or be expected to last one year) and not caused by illegal drug use.

The USCIS needs enough advance notice to respond to accommodation requests. You have to state you need in the place provided in the naturalization application. Even if you are eligible for an exception to the English and civics requirement, you still have to take the Oath of Allegiance to the US. If you are not able or cannot establish an understanding of the meaning of the Oath because of your physical or mental disability, the USCIS may excuse you from this requirement.

While taking the Oath, you must promise to renounce all foreign allegiances while becoming a US Citizen and promise to support and defend the principles of the Constitution and the laws of the US. As and when required, you must be willing to fight in the US Armed Forces, perform noncombatant service in the US Armed Forces, and perform civilian service for the US.

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International companies can transfer managerial and specialized knowledge employees from their foreign office to their US office through the L-1 visa classification. Foreign companies are also permitted to establish a new office in the United States.

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Getting a L-1 Visa

International companies can transfer managerial and specialized knowledge employees from their foreign office to their US office through the L-1 visa classification. Foreign companies are also permitted to establish a new office in the United States. The L-1 visa, also referred as “intra-company transferee” visa allows international companies to transfer their employees to the US for work within the same or related company. It is mandatory that the employees being transferred should have been employed by the foreign company for at least one year within the three years before filing under the L-1 classification.

The L-1 visa category is further divided into two sub categories:

1. L-1A visas are for employees who come to the US in a managerial position. The employee’s responsibilities are managing either people or processes. It is not necessary for these employees to be managers at present to qualify, but the proposed US job must be of a managerial level.
2. L-1B visas are for employees who have “specialized knowledge”, meaning ones who have knowledge about a particular product/process that cannot be mastered in a reasonable period of time. Main developers of a new technology OR employees who have a long history with the company’s product line that is necessary for developing next generation products fall under this category.

L-1 visas are valid for an initial three-year period. It can be renewed for two years at a time, rising up to a maximum of seven years for L-1A visa holders and five years for L-1B visa holders. Maximum time limit simply refers to the employee’s physical presence in the United States. If you come under the L-1B visa category and during your US employment you leave the US a few times for vacation or business, the total amount of time spent outside of the US can be added back to the total amount of time permitted in the US. In simple terms, the maximum time in L-1 status is restricted to the time that someone is physically present in the US.

Unless you, the L-1 visa holder are granted lawful permanent residency (green card) in the US before the maximum time limit (seven years for L-1A visa holders and five years for L-1B visa holders) is reached, it is mandatory that you leave the US for a full year (365 days) before you become eligible to get another L-1 visa.

Features of the L-1 Visa Category

It facilitates transfer of employees of international companies from a foreign office to a US office of the same or related company. It is divided into two sub categories, for managers and specialized knowledge employees. L-1A visa holders are limited to a maximum stay of seven years and L-1B visa holders are limited to a maximum stay of five years. Time previously spent in H-1B status will be counted toward the L-1 maximum limit. Dependent spouse and unmarried children under 21 years of age qualify for L-2 status. Such dependents can study in the US and L-2 spouses are permitted to apply for separate work authorization. It is a dual-intent visa that allows for permanent residency by filing the green card application simultaneously while working in L-1 status.