• 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.

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.).

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.

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.

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.

http://immigrationissues.wordpress.com/2011/10/06/getting-a-l-1-visa/ http://amplify.com/u/a1e8vh

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.

The Congress has occasionally passed legislation that paved way for specific groups of persons to immigration amnesty. Though we cannot come to a conclusion about the exact number of illegals, it can be roughly estimated to be around twelve million. Immigration amnesty has always had opposing viewpoints. Supporters of this are of the view that blanket amnesty should be granted to all illegals if they have not have committed any other crime. Their conception is that if all the persons who are in the US illegally were removed, the United States will be in for some serious economic setbacks.

Coming to the other side of the coin, those who oppose the amnesty program strongly believe that persons who are in the country illegally have already broken the law and therefore should not be granted legal status. They also feel that granting immigration amnesty to illegals will also embarrass immigrants who follow the rules when applying for legal immigration status.

Immigration amnesty process:

Since the laws surrounding immigration amnesty keep changing often, it is highly recommended you check if you qualify before actually applying. Generally, if you have overstayed your visa beyond the time you are allowed to or entered the US without the appropriate visa, you may qualify for immigration amnesty. If you qualify, even your child/ren and spouse will qualify to apply for a change of status in the US.

Since the entire process is very sophisticated, consult a qualified immigration attorney to help you through the process because of the frequent changes in the the legislation regarding amnesty. Though at the outset, the process might look simple and you might get a feeling that you are competent enough to go ahead with the process yourself, consulting an immigration attorney will turn out to be a wise decision.

You have to complete and file Form I-485, Application to Register Permanent Residence or Adjust Status with the USCIS. You have to mail the completed form to the designated USCIS office. Along with this application, you will get detailed filing instructions. You will have information about the fees, the supporting documents that you have to include and also the mailing address.

You may apply for a work permit while your case is pending. Applying for a work permit allows you to remain and work legally in the US while you are yet to get a decision on your I-485 application filed. After reviewing your application, the USCIS will inform you about their decision. As you wait for the decision regarding your application, you cannot leave the US without completing certain documentation and forms. If you do not follow or do not give importance to such rules, it might even lead to your application getting rejected.

If you are planning to get married abroad, make sure you know the requirements of that particular country before you start your travel. Generally, it is the local civil or religious officials who perform the marriages and US consular officers do not have a say in that. The process and procedures differ from country to country it might be time consuming.

In some countries, per the law, the persons who intend to get married should have been a resident in that country for a stipulated period of time before they can get married in that place. Parental consent, blood tests are other requirements. In certain countries, documents certifying for the end of a previous relationship (death or divorce certificate) is mandatory. It has to be translated into the local language and authenticated. Some countries do ask for an affidavit by the parties as proof of legal capacity to enter into a marriage contract. (This can be executed at a US Embassy or Consulate.)

As mentioned earlier, the process can be time-consuming and expensive. So if you are planning to get married abroad, it is very important that you find out the requirements of that particular country before beginning travel. You can get in touch with the embassy or tourist information bureau of the country where you intend to get married. The list of foreign embassies and consulates in the US is available on the Department of State’s website. You can also get US embassy and consulate contact information on the Country Specific Information for each country. You can contact the nearest US Embassy or Consulate if you are already abroad.

After you get married in a foreign soil, US consular officers can authenticate your foreign marriage document. However, this authentication simply proves that your foreign marriage documents are real, but it does not mean that your marriage will be recognized by your home state in the US. In such cases, to get the marriage recognized in the US, consult the Attorney General of your state of residence in the US.

Birth Abroad of a U.S. Citizen

Per the Child Citizenship Act (CCA), most children born abroad to a US citizen parent(s) acquire US citizenship at birth. After the birth, the US citizen parent has to contact the nearest US Embassy or Consulate. If the Consulate believes that the child has acquired US citizenship, a consular officer prepares a Consular Report of Birth Abroad of a Citizen of the US. This document is recognized in the US as proof of US Citizenship, and can be used to get a passport, entering school, and most other purposes. If you do not document the child’s citizenship, it might be difficult later when trying to get a passport or register for school.

Divorce and Death Abroad

If you were divorced abroad, its validity will differ according to the requirements of your state of residence. It is best recommended to consult the authorities of your state of residence in the US to know these requirements. US consular officers abroad will provide assistance to the families of US citizens who die abroad.

You will lose your LPR status when you abandon your permanent residence in the US, or when you become deportable for committing a serious crime or violating US immigration laws. It is very important that you maintain permanent residence in the US.

Many are of the belief that after getting a Green Card, they can travel freely back and forth or even relocate to their home countries. They also think that they can always reenter the US using their Green Cards as a travel document. Though an absence from the US does not automatically result in cancellation of the LPR status, an extended absence will however trigger the question of the alien’s intention to remain a permanent resident of the US.

Your intention to remain a permanent resident in the US is an important factor in the USCIS determining whether you have abandoned your permanent residence in the US. Apart from how long you have been absent from the US, the USCIS will look to many other facts that reflect your intent. The main factors that are considered in determining your intent are:

- the length of the your absence from the US and the purpose of your departure
- filing of US tax returns while in a resident status
- the location of your close family members
- the location and nature of your employment abroad
- the maintenance of other ties with the US

It is important to note that no single factor mentioned above is controlling with regard to your intent to maintain permanent resident status. The USCIS officers will analyze all other relevant factors to come to a decision.

Generally, if you leave the US for one year or less, you can use your green card as a reentry document. However, if you are absent from the US for more than one year, you might face difficulties reentering the US because the USCIS considers the absence of longer than one year as a possible abandonment of US residency. If you will be out of the US for more than one year, you will need to get reentry permits or special immigrant visas.

There are certain green card holders who think that in order to keep their LPR status, they can just return to the US once a year and stay for a few weeks. Just returning to the US and using the Green Card once a year has little bearing on the question of whether you have maintained the intention to remain a permanent resident.

Though some return to the US more frequently than once a year, they tend to lose their LPR status because they lack sufficient ties with the US that indicate that they consider the US to be their country of permanent residence. You can have multiple residences, but make sure you show that the US residence is the permanent one.

So if you wish to maintain your green card status, it is best advised to take the necessary steps to establish sufficient facts evidencing that you continue to maintain strong ties with the US and are retaining the US as your permanent home.