Immigration Direct

Thursday, September 22, 2011

How To Replace Your Green Card

The Green Card (USCIS Form I-551), also known as Permanent Resident Card, is a proof of permanent resident status in the United States. Without a valid card, it may be difficult for you to prove that you are a permanent resident, and it might affect your ability to travel or to prove your eligibility to work in the United States.



When do you need to replace your Green Card?



You are required to apply for a replacement Green Card in the following reasons and situations:

*If any information on your card needs to be changed, for example, if your name has legally changed due to marriage or divorce;



*If your card has been lost, stolen, or damaged;



*If you became a permanent resident before you turned 14 years old. You are required to replace your card when you become 14 years old;



*If your card is about to expire. This does not apply to you if you are a conditional permanent resident whose green card is about to expire (see below);



*If your Permanent Resident Card was issued with incorrect information because of an administrative error made by the USCIS;



*If you never received the previous card that was issued to you by U.S. Citizenship and Immigration Services (USCIS);



*If you have a previous version of the alien registration card which is no longer valid (e.g., USCIS Form AR-3, Form AR-103 or Form I-151)

Friday, September 16, 2011

What are the Advantages of US Citizenship?

There are many advantages of being a U.S. citizenship. Becoming a U.S. citizen entitles one to benefits that are not available to Green Card holders including the right to vote, the ability to travel with a US passport, and preference in sponsoring relatives for US citizenship.



One of the advantages of U.S. citizenship is the right to vote in local and national elections. By voting, U.S. citizens can influence local, state, and federal politics. They can elect political representatives and make their voices heard on taxes, schools, and foreign policy, among other issues. U.S. citizens can also be elected to public office. Additionally, they are eligible for certain unelected government jobs and certain jobs requiring security clearances that are not available to Green Card holders. U.S. citizens can make a big impact in the accountability and efficiency of the U.S. government.



US citizens can spend as much time as they like outside of the U.S. with no immigration consequences. Green Card holders may lose their status as permanent residents if they spend too much time outside of the U.S. because of certain legal requirements to be physically present in the U.S.. If Green Card holders lose their status, they have to start the process of permanent residence all over again, which takes time and costs money.



A more intangible advantage of U.S. citizenship is the sense of belonging that citizens feel. Obtaining citizenship helps people feel a part of the community of the United States of America. It is one of many ways to demonstrate commitment to the country and its ideals.

Tuesday, September 6, 2011

Claiming U.S. Child Citizenship at Birth

Becoming a US citizen is the ultimate dream of many immigrants. It is not an easy process and cannot be achieved in a short period of time. One has to first become a permanent resident and satisfy several eligibility criteria in order to get the citizenship status. However, people who are born in the US are lucky in this aspect as they automatically become US citizens by being born in the US.
How to acquire US citizenship by birth?
When a child falls under any of the below mentioned category, then it indicates that the child has become a US citizen by birth.
  • The child should have been born in the US or the outlying US territories
  • In case the child is born outside the US, it should have one parent or both the parents as US citizens at the time of its birth.
In order to document their citizenship they need to file in Form N400 (Naturalization certificate) if they were born in the US and Form N-565 – Certificate of citizenship if they were born outside the US to US citizen parent/ parents. The latter type is referred to as derived or acquired citizenship.
What happens when a child is born abroad to US citizen parents?
This kind of a birth should be immediately reported to the nearest US embassy so that an official record of the child’s birth can be issued in the form of a Consular Report of Birth Abroad.  This can be obtained overseas when the child is still under 18 yrs of age.  Both the Consular Report of Birth and the Certificate of Citizenship are equally acceptable as proof of the US citizenship status.
Process of claiming US citizenship
Using N-600
When a person has been born outside the US to US citizen parent/parents, then he/she automatically becomes a US citizen if
  • At least one parent is a US Citizen by birth or through the process of naturalization process
  • The child currently resides in the U.S. with his/her US citizen parent
  • The child  is still under 18yrs of age
  • The child is the biological offspring who is now in the legal custody of the U.S. citizen parent prior before reaching his/her 16th birthday
  • The child is the biological offspring who was born out of wedlock without having been legitimated and whose mother has become US citizen through the process of naturalization process.
  • The child has been living consistently in the US after becoming a  permanent resident
  • Of both the child’s parents, the parent who has been awarded  both the legal and physical custody of the child should be a US citizen
  • The only surviving parent should be a  US citizen by naturalization.
  • If both the child’s parents are US Citizens and one of them has resided in the US prior to the child’s birth.
  • If one of the child’s parent is a foreign national and the other is a US citizen who had been physically present in the US for a period not less than five years before the child’s birth. At least two of those years should have been after the parent’s 14th year
If the child who is claiming for citizenship is below 18 yrs of age on February 27, 2001, but does not meet up with all the above mentioned criteria, then the child can file in Form N-400 to get naturalized as a US citizen. For that he/she needs to become 18 years or older than that and become a permanent resident besides satisfying several other criteria and qualify for it.