A Brief Guide to United States Naturalization

One of the most frequently asked questions I receive in practicing in immigration law is whether an individual is eligible for naturalization to the United States. The answer is not always simple. In this article, I hope to demystify the process to a certain degree.

Very generally, if you are not a U.S. citizen by birth (such as by being born to a U.S. citizen or in the United States), you may still become a U.S. citizen through the naturalization process. The following are the basic requirements for naturalization, sorted into categories:

1. GREEN CARD. You are at least 18 years old and have been a Legal Permanent Resident (Green Card Holder) of the U.S. for at least 5 years (reduced to 3 years if married to a U.S. citizen);

2. ARMED FORCES.

a. You are in the U.S. Armed Forces and have served for at least 1 year;

b. You were in the U.S. Armed Forces less than 1 year and are at least 18 years old;

c. You performed Active Duty Military Service in one of the major U.S. wars from the time of World War I to the present; or

d. You are at least 18 years old and were married to a U.S. citizen who died during a period of honorable active duty service the U.S. Armed Forces;

3. US NATIONALITY. You are at least 18 years old and are (a) a U.S. national and (b) a resident of any State;

4. SERVICE ON VESSEL. You are at least 18 years old and served on a vessel operated by the U.S. or one registered to the U.S. and owned by a U.S. citizen or corporation;

5. WORK.

a. You are at least 18 years old and are an employee or are otherwise under contract with the U.S. Government;

b. You are at least 18 years old and perform certain leadership activities for a religious denominational or nondenominational group with a valid presence in the U.S.;

c. You are at least 18 years old and are employed by either (a) a U.S. research institution recognized by the Attorney General; (b) a U.S. company engaged in foreign trade / commerce for the U.S.; or (c) a public international organization of which the U.S. is a member by law or treaty; or

d. You are at least 18 years old and have been employed for at least 5 years by a U.S. nonprofit organization that principally promotes the interests of the U.S. abroad and through the communications media;

6. SPOUSE. You are at least 18 years old and are the spouse of a U.S. citizen who is one of the following:

a. A member of the U.S. Armed Forces;

b. #5(a), above;

c. #5(b), above;

d. #5(c), above.

Under these categories of eligibility, you must also:

1. Be of good moral character;

2. Possess English and U.S. civics knowledge;

3. Swear allegiance to the U.S. Constitution;

4. Sometimes be able to prove Legal Permanent Residency in the U.S. for a designated period of time;

5. Sometimes be able to prove continuous presence in the U.S. for a designated period of time;

6. Sometimes be located within a specific State or USCIS Service Center region for a designated period of time; and

7. If petitioning as a spouse of a U.S. citizen, sometimes be required to physically have been with your spouse for at least 1 year at the time of your petition.

Some of the above requirements, such as "continuous residence" and "good moral character", have their own specific guidelines in order to be satisfied. Those guidelines are beyond the scope of this article.

If you determine that you may be eligible for naturalization, you may want to seek the advice of a qualified immigration lawyer. Petitioning for U.S. naturalization when you are not eligible is a waste of time and money. When you are ready to file your petition for naturalization, double-check the USCIS web site for the most up-to-date forms and procedures, as the laws and regulations in U.S. immigration are changing constantly.

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Dream Act Brings US Companies to Crossroads

The much publicized and controversial Dream Act has left the US companies/job-providers in a rather tricky position, and brought them to a crossroads, claim some observers. The incumbent government has declared the DREAM Act, via which young unregistered migrants will undergo a deferment in their exile, for a time period of another 2 years.

Such unregistered overseas people--who are below 30 years, had arrived in the US prior to they were aged 16, and have been living inside the nation continuously--may duly file a petition to postpone their exile, via this new arrangement. Besides living in the US, such people could also do a job in the same manner that they may have been doing before.

Allegedly, the chief reason behind the US President's orders to stop the extradition of such migrants from the country, for another two years, is the handsome economic contributions made by them even as the same may never be refused or contested, add the observers.

According to Barack Obama, it's illogical to extradite skilled young individuals, who are 100% Americans in every possible way. Such people are keen to work for the American labs, start fresh organizations, and defend the nation. Such individuals need not suffer for the mistakes allegedly made earlier by their parents.

Where does this leave the US employers!

The development though may have brought certain new difficulties for the employers of such overseas people even while they intend to continue with due vigilance. As one of the requirements--which necessitate the unregistered firms/job-providers to establish that such individuals have been living inside the US continuously--a firm engaging them would be required to produce certain supporting documents/papers.

Many employers worry that post the conclusion of 2 years, when these people from abroad are sent back, the US Citizenship & Immigration Services (USCIS) will, perhaps, penalize them, i.e., the employers, for recruiting unlawful migrants. It is apparent that after the prohibited migrants successfully fulfills every requirement suitably given in the Dream Act, they will be proffered just a legal work visa, and not any officially authorized immigrant grade.

This again prevents the American job providers/firms from recruiting them. Actually, the recruiters are not rather keen on offering them with any legal evidence that they were engaged to work for them, i.e., the American job-providers/firms are also somewhat confused as to should they prefer, in the matters of trained jobs--the natives of the US, or the unlawful migrants who could be superior, expertise wise.

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Are You US Green Card Holder? Know About Your Rights and Responsibilities!

The much prized and the much sought after Green Card of the US, offered by the United States Citizenship & immigration Services (the USCIC), enables the proud holders to do several things, and enjoy many rights in their capacities as the permanent residents of the US. However--along with the rights-- the holders also have certain obligations to perform, to justify their status as permanent residents of the US.

But at first let's take a fleeting look at the rights:

US Green Card Holder's Rights

The Green Card holders may do a job and move- minus any limitations whatsoever--across the length and breadth of the nation.

1. The card holders can spend the remaining period of their lives inside the nation, if they don't indulge in any wrong-doings. In brief, till the card holders abide by the laws of the land, their permanent residency is 100% assured.

2. Do any legally permitted job inside the country. But, certain jobs (usually, government jobs in defence & homeland security) are restricted only for the citizens in view of security factors. Besides, a Green Card holder is not allowed to contest for an elected office.

3. Travel without any restrictions across the country. The holders of the Green Card may leave US only to return the nation as and when they want. Sill, certain restrictions do exist on extended stays outside the territorial jurisdictions of the nation.

4. Seek protection under all established laws of the nation, his state of residence & his local jurisdictions. To put in other words, all the safeguards & officially permitted paths available to the citizens of the US are also available for the permanent residents, even as this holds true anywhere across the US.

5. Request permits for one's legally wedded spouse & unmarried kids to stay inside the nation.

6. Buy property/ firearms, provided no US state or local decree forbids the same.

7. Show up at public school and college, or be associated with the divisions of the nation's Defence Services.

8. Submit a petition for a driver's permit.

9. Receive benefits related to Social Security, Supplemental Security Income, besides healthcare, in case legally eligible.

US Green Card Holder's Responsibilities

As mentioned before, some obligations, too, have to be fulfilled by the Green Card holders. These are the key obligations:

1. The Green Card holders have to abide by all existing laws of the country, the US states, the US counties, the US municipalities, the US cities, and the US towns.

2. The permanent residents of the US must file an income tax return on an yearly basis, and also give details about their income to the US Internal Revenue Service & other concerned tax officials, even as this covers state & local taxing groups.

3. It is expected of the Green Card holders that they strongly express their support in favor of democracy and democratic type of administration in the nation, and not try to effect any changes whatsoever to that administration, via unlawful ways. That the permanent residents must also strictly keep away from acts of sedition or subversion is also no secret.

4. Those who are males--and between 18 & 25--must enroll for the Selective Service to serve in the defence services as and when required.

5. The card holders must always carry a documentary proof of their permanent resident status with them and produce it before the authorities if asked for the same.

6. The permanent residents must uphold their immigration status & alter their address online, or offer the same in black & white to the involved US organization--Department of Homeland Security-- inside 10 days every time they shift to a new address.

7. The holders must also have health coverage.

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The Top 6 Reasons Why You Need To Hire An Immigration Lawyer

The following are the top 6 reasons why immigrants should hire an immigration attorney:

1) Immigration Laws Frequently Change. Lawmakers often seek ways to improve or alter the laws that dictate how people obtain citizenship or residence in the country. The laws can be loosened or made to be stricter, depending on the political climate. Because the laws fluctuate with lawmakers' preferences, the steps to become a citizen or legal resident can be a challenge. Immigration lawyers can help clients navigate this process.

2) The Process Can Be Lengthy. It may take years before a person is able to secure his or her citizenship. Many times, immigration laws mandate how long a person must live and work in a country before he or she can apply for citizenship. That individual may even be required to pass a language and citizenship test to demonstrate his or her cultural proficiency. Even so, a person's immigration attorney will remain by that person's side and guide the client on how to pass these tests and prove that this person is worthy of citizenship.

3) Lawyers Can Provide Referrals. If immigrants are not proficient in the language or culture, their lawyers can often provide referrals to various agencies that help newcomers overcome these challenges. They can guide their clients to learning centers where immigrants are taught the language and history of the country. Sometimes these centers even make available practice citizenship tests, which help people pass the actual test to become citizens. Without these resources, they may not be successful in obtaining citizenship.

4) Attorneys Represent Clients at Legal Hearings. When immigrants are called to appear before immigration authorities, their lawyers are with them and represent them before those who decide the case. An immigration lawyer can speak for the client and present the facts of why that person should remain in the country. The lawyer also helps prepare that individual prior to the hearing and may instruct the client in how to answer any questions in the best manner.

5) Attorneys May Be Able to Appeal Denied Applications. If a person's application is denied, he or she may wish to file an appeal. That person's lawyer can file the necessary paperwork and perhaps even halt the client's being deported out of the country until the appeal has been decided. The appeal process might take several weeks or months; however, during that time, attorneys help their clients prepare for their appearances before the court.

6) Regardless of Outcome, Lawyers are there to Help. Whether a person's application is denied or approved, the client's immigration attorney is there to assist that person. Many times, people are confused about the best decisions to make. Their emotions may cloud their judgment. Attorneys help these individuals make the best decisions possible during the entire process.

Conclusion:

Rather than take on the complexities of immigration laws, people would do better to hire immigration attorneys. Attorneys who specialize in this aspect of law understand the multitudes of requirements and know how to present cases successfully before authorities.

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To VIBE or Not to VIBE? Employers Can Avoid RFEs, NOID, 221(G)

MJ went up to the window at the US Consulate-he was there for an H-1B interview. The process normally takes about 5-10 minutes at the window. Behind him were more nervous interviewees, waiting their turn.

The consular officer (CO) went through the papers, "Who is your employer?" he asked. MJ replied, "XYZ". The CO checked his database and did not find XYZ, so he searched the company name online; still no information. The CO believed the applicant was employed by the company but since the new Neufeld Memo, issued last year, he had to make sure the applicant was actually 'employed' by XYZ and that XYZ really existed. He could find no corroboration; CO felt there was insufficient documentation in the application, so the CO issued a request under INA 221(g) to the applicant.

Applicant was required to produce more employer tax records, payroll records and other information that would corroborate the employer's self attestations in the application. Until that time the applicant was in administrative processing, which could take up to 6 months. The company was out a valuable resource and was losing money on their project because MJ was delayed overseas.

Unfortunately for MJ, his employer's information was not included in Validation Instrument for Business Enterprises (VIBE). A web-based tool, VIBE was designed to enhance USCIS's adjudications of certain employment-based immigration petitions. VIBE uses commercially available data from an independent information provider (IIP) (Dun & Bradstreet) to validate basic information about companies or organizations petitioning to employ certain foreign workers.

USCIS may also send an RFE or NOID or Notice under 221(g) because of the information in VIBE. Petitioners MUST respond to these RFEs or NOIDs or Notice under 221(g); failure to respond may result in the denial of the petition.

Currently, the information in the VIBE program includes: business activities, such as type of business; NAICS codes (North American Industry Classification System code); trade payment information; and status (active or inactive). VIBE also includes financial standing, including sales volume and credit standing; number of employees, both on-site and globally; relationships with other entities, including foreign affiliates; type of office (examples include single entities, branches, subsidiaries and headquarters.); type of legal entity: for example, LLC, partnership or corporation; company executives; date of establishment as a business entity; current physical address.

Adjudicators use the information from VIBE to verify the petitioner's qualifications. For example, if a petitioner is seeking L-1 status for a beneficiary, VIBE will help adjudicators confirm that the petitioner has a foreign affiliate, which is a requirement for granting L-1 status. Information from VIBE will help confirm petitioners' financial viability in cases where petitioners must establish ability to pay.

Generally, USCIS will issue an RFE or a Notice of Intent to Deny (NOID) if it is necessary to resolve relevant inconsistencies or other issues that emerge upon review of VIBE-supplied information that are material to the benefit requested, and an immigration services officer (ISO) will make a final decision based on the totality of the circumstances.

Updating VIBE is easy. If you are a US-based company employing foreign nationals, then create, verify and correct the Company's D &B's information via D&B's iUpdate. This link is minus the direct marketing appeals from D & B. This also a fee free service. This link is only for US companies that are government contractors. For other US-based publicly traded companies, government entities and foreign companies wishing to create, update or view their report with D&B may use dnb.com; however, they may be subjected to direct marketing from D&B.

Immigrant Classifications Included in VIBE are: • E12, outstanding professor or researcher • E13, multinational executive or manager • E21, member of professions holding an advanced degree or an alien of exceptional ability (with the exception of National Interest Waiver petitions) • E31, skilled worker • E32, professional • EW3, unskilled/other worker

Additionally, the following I-360 (Petition for Amerasian, Widow(er) or Special Immigrant) employment-based immigrant classifications are included in VIBE: • SD1, minister of religion • SR1, non-minister in a religious occupation or vocation • Nonimmigrant Classifications Included in VIBE

The following I-129 NIV employment-based classifications are also included in VIBE: • E-1, treaty trader • E-2, treaty investor • E-3, member of specialty occupation who is a national of the Commonwealth of Australia • H-1B, specialty occupation worker • H-1B1, specialty occupation worker from Chile or Singapore • H-1B2, worker performing services related to a Department of Defense cooperative research and development project or co-production project • H-1B3, fashion model of distinguished merit and ability • H-2A, temporary or seasonal agricultural worker • H-2B, temporary non-agricultural worker • H-3, trainee or special education exchange visitor • L-1A, intracompany transferee in a managerial or executive position • L-1B, intracompany transferee in a position utilizing specialized knowledge • LZ, blanket L petition • Q-1, international cultural exchange visitor • R-1, religious worker • TN, NAFTA professional from Canada or Mexico

Classifications Not Included in VIBE are: • CW-1, Commonwealth of the Northern Mariana Islands (CNMI)-only transitional worker • E-2C, long-term foreign investors in the CNMI • E11, individuals of extraordinary ability • E21, national interest waiver • EB-5, immigrant investor • O, individuals with extraordinary ability or achievement (including essential support personnel) • P, internationally recognized athletes and entertainment groups, performers under a reciprocal exchange program, and artists or entertainers under a culturally unique program (including essential support personnel)

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How to Find a Qualified Immigration Lawyer

Immigration laws of various countries are vast and change frequently. Trying the process on your own can be a daunting task to say the least. An expert is vital in navigating the legalities and paperwork. Hiring a qualified immigration lawyer can save you time, money, and the laborious process of filing for immigration.

Small or Large - What Type of Firm is Best?

As in any field, there are pluses and minuses to choosing a large or small firm to represent your needs. While the manpower and resources of a large firm are impressive, the size may intimidate some people, leaving them feeling more like a case number than a client. Always confirm whether the attorney you hire will work on your case personally. In large firms, cases are often handed over to a junior attorney. If you are looking for more of a personal relationship with your lawyer, a solo practitioner may fit your needs. However, if you decide to go that route, you will need to check how he or she will handle clients when on vacation or under illness. Small firms generally run with a handful of attorneys and a support staff. The benefits include more personal attention without a gap in service if an attorney has a leave of absence. However, overworked offices can put your case in a long line. Truly, the choice comes down to your own preferences and individual needs. Since initial legal consultations are either free of cost or a minimal fee, you can shop around before you decide whether to hire a large firm, small firm, or solo practitioner for your immigration consultancy.

Find a Lawyer You Trust

There is no doubt that a lawyer with a reputable expertise in immigration law is ideal when looking out for legal immigration help. But how do you find one? To begin with, confirm that the lawyer you are interested in hiring is a member of the American Immigration Lawyer's Association (AILA). This is a non-profit organization which has been in existence since 1946 and advocates for immigration law. It is voluntary for lawyers to participate, and demonstrates the attorney's connection to the immigration law community.

Also, don't base your decision solely on rates for services. Obviously you need to choose the services of a legal expert you can afford, but don't be fooled by the gimmicks of inexperienced lawyers who claim to help you with the immigration formalities at the cheapest rates. Try to get recommendations from clients or friends and family who have tried their services.

Having an immigration lawyer whom you trust, in a firm you feel comfortable working with, will ensure that you navigate the strict legal process of immigration quickly and efficiently.

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