Updated Guidelines for Deferred Action

Immigration News:

Based from the released updated guidelines, it is specified that the individual needed to be younger than 31 years of age.

The Updated guidelines also indicated that an individual who is currently enrolled in high school or a GED program will also be eligible for the deferred action policy.

Source:
Updated Guidelines Increase Projected Number of Individuals Qualifying for Deferred Action

Where to Submit Citizenship Application Form N400

The USCIS has clear instructions regarding the submission of the completed applications. Applications along with the specified filing fee can be sent in snail mail or through Express mail or even courier service (a different address for the last two, though)

*Citizens from any of these following regions - Alaska, Arizona, California, Colorado, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, North Dakota, Ohio, Oregon, South Dakota, Utah, Washington, Wisconsin, Wyoming, Territory of Guam, or the Commonwealth of the Northern Mariana Islands, will need to submit the application to the USCIS Lockbox facility at Phoenix.

*While those staying from any of these following regions - Alabama, Arkansas, Connecticut, Delaware, District of Columbia, Florida, Georgia, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Mississippi, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Oklahoma, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Vermont, Virginia, West Virginia, Commonwealth of Puerto Rico, or the U.S. Virgin Islands, will have to send applications to the USCIS Dallas Lockbox facility.

*In case that the applicant is a military personnel, or having been in service previously, applications may be send to the Nebraska Service Center, regardless of the location.

Same rule applies to the ff:

*Military spouses can send the application.
*In case of immediate relatives of deceased military members, the same address holds good for them.


To receive notification regarding the acceptance of the US citizenship application, it is necessary to fill the form G-1145E and attach it to the first page of the application.

Tips in Filing Form I-485 for Adjustment of Status

You must be attentive while you file Form I-485 and you must first read the form instructions before filling the form. Moreover, you may be required to submit few supporting documents along with your application for adjustment of status, to prove that you are eligible for the process.

Your application may be delayed or denied, if you do not file your application along with the required documentation and you may also be considered ineligible for adjustment of status. You may be required to be present for biometrics collection at an Application Support Center.

 

You will then be called for an interview at a USCIS office and you need to submit all the original documents including your passport and travel documents, at the time of your interview. However, all the adjustment of status applicants may not be required to appear for interviews. USCIS will then mail its decision to you, after reviewing your application and after the biometrics collection and the interviews.

Procedures of U.S. Citizenship Application

The process of filing in your US citizenship application is quite easy, if you have acquainted yourself well, with the procedures, before starting on the application. If your case is a regular one wherein you have been a permanent resident for either 5 yrs or 3 yrs and have satisfied all the other eligibility criteria, then the process of filing in your citizenship application will be very easy.

Hierarchy of the procedures of US citizenship application

• Eligibility check
• Getting the correct USCIS Form
• Completing the form and submitting it

Eligibility Check

 

You can file in your application only after the completion of your 5yr/3yr anniversary as a green card holder. You can file 90 days before the expiry of this period. In order to check whether you are fully qualified for US citizenship, you can make use of the Naturalization eligibility worksheet (found at the end of the ‘A guide to Naturalization’). This is very helpful to determine whether you are an eligible applicant or not.

A very important criterion that you need to satisfy, apart from being a permanent resident is, that of maintaining the continuous residence period and physical presence period in the US as per the USCIS stipulations. Only if you are enlisted in the Military or under Government Service will you be exempt from this or enjoy certain concessions.

  

Getting the Correct USCIS Form

 

The USCIS forms that cater specifically to citizenship are N-400, N-600, and N-565. If you are filing it to get naturalized as a US citizen, then N-400 is your pick. N-600 is for acquiring citizenship through your US Citizens parents while the last one is to get a replacement of your citizenship certificate (in case of it being stolen, damaged or destroyed).

Generally N-400 is considered to be the citizenship application and you can obtain this from any of the USCIS offices. Additionally you can download them for free from the government website or place an order, with the USCIS, either through phone or mail.

 

Note that there is no fee for getting a USCIS form, but there is a specific fee for filing it. The current filing fee for N-400 is $680 ($85 is for biometrics), which needs to be sent in along with your citizenship application. This fee is absolutely not refundable even if your application gets rejected. So make sure that you read all the instructions that are provided, over and over again, so you avoid any possible chances of the application getting rejected.

Adjustment of Status Form I-485 Questions

What is Adjustment of Status Form I-485?

Adjustment of status is a process which allows non-immigrants in the United States to adjust and change their non-immigrant status to immigrant status, if they belong to an eligible category. If you feel that you are eligible for adjustment of status, you may file the USCIS Form I-485.

When to File an I-485 Adjustment of Status Application?

You can file the I-485 once you received the I-130 or I-140 receipt notice from the USCIS. The priority date determines the visa availability. For relative petitions, the priority date is the date when the I-130 immigrant petition form was properly filed. For employment-based petitions, the priority date is the date from the labor certification that was filed with the Department of Labor (DOL), or the date that the I-140 immigrant petition was filed with the USCIS (if no labor certification was required).  The priority date becomes "current" when there is a visa available.  If the priority date is current, you may file for Adjustment of Status during the month when the priority date is current. The State Department issues a document each month called the Visa Bulletin that lists the current priority dates for each immigrant preference category.  There are also special situations, such as the diversity visa lottery, registry, and asylum that permit filing for adjustment of status within specified timeframes.

Source: When can I file my I-485 Adjustment of Status?

Question: What to Do If Your Citizenship Application is Denied?

When one's citizenship application is denied, he will still be a lawful permanent resident but will not become lawfully recognized as a U.S. citizen. He can try correcting the reason for the denial and reapply again.

But one should worry so much because denied applications are reconsidered by the USCIS. During the process of re-application for US citizenship, you will be required to submit a copy of your denied application or you must inform the USCIS about the details on the first attempt on citizenship application. Stating the reason for denial is also needed for further verification. You can always retain a copy of the form that you file and the mailing proof for your reference. If you meet all the eligibility requirements for citizenship, you will be called to submit only the finger prints, if you have already passed the civics and English tests.  

Then the USCIS will review your entire file to check for any fraudulent information. If your file seems to contain false information, then your application will be denied. Other reasons for denied applications are lack of good moral character, low knowledge of English, and civics and criminal convictions. 


GROUNDS for DENIED CITIZENSHIP APPLICATION

English and Civics Tests

One of the common reasons or the rejection of citizenship applications is the inability to write, speak and read English. The citizenship interview and exam is done in English. However, you can request a waiver for this if you,
*are a Green card holder (lawful Permanent Resident) in the US for the past 20 years; and you are above 50 years old.
*are 55 years old and you have been a Lawful Permanent Resident in the USA for 15 years.
*have mental or physical disability which disallows you from taking the test. Provided that there is a letter signed by registered doctor.  
 
If you fail in the test, you will still be a permanent resident, and you can still take up the English and the Civics test for the second time after 90 days from the first test.


Good Moral Character

Lack of Good Moral Character also leads to a denial of citizenship. If your application has been denied for this reason, you can reapply after 5 years, developing proof of your good moral character.


Criminal Convictions

If the applicant is found to be a criminal, the application is most likely to be denied. And to those who have committed grave crimes, deportation will take place. However, applicants that are convicted of a less serious crime can reapply after 5 years from the date of offense. 


Under certain circumstances when your application is still denied for any other reasons aside from the above mentioned, you can try solving the issues and then re-file an application for citizenship. Seek for a professional help this time to for a better understanding of the process.

The Truth about Renunciation of US Citizenship

Renunciation is an act of formally renouncing or giving up American Citizenship. Renouncing United States Citizenship is not an irreversible process and it is irrevocable. It is usually done before a diplomatic or a consular officer of the US, outside the US. Once you renounce your United States citizenship, it can never be re-obtained, even through naturalization.

What is the reason to renounce US citizenship?

The U.S. is the only industrialized country that asks its citizens to pay income tax on their offshore income. US citizens who live abroad feel that the cost of maintaining their U.S. citizenship is burdensome. New laws have worsened the condition where it has made it difficult for Americans to handle their funds while living abroad. 

 

US citizens who work and live abroad are required to pay their taxes in the US to retain their Citizenship. Though they invest abroad and they do not get any profit from the US, they are still required to give a portion of their earnings to the US. This is considered to be unjust. It is also said to be a form of slavery as the US Citizens are forced to give a part of their income and moreover they receive nothing in return. Most people think that they can focus on improving their businesses rather than worrying about the taxes that they must pay to the US, by renouncing US Citizenship.

There are also people who renounce American Citizenship in order to fulfill their political dreams in other countries. Eric Sandrin, a basket ball player, renounced his US Citizenship, in order to play for the National team of another country.

Few people who renounce US Citizenship are those who received two citizenships at birth and they may be forced by the non-US country to choose one country at a certain age. Korea is a country where dual nationality is not allowed after 21 years of age.

Renounce American Citizenship

To renounce your US Citizenship, you must contact the nearest U.S. Embassy or Consulate in a foreign country and you must inform them about your intention to renounce your US Citizenship, as you cannot renounce US Citizenship while you are in the US. It is mandatory to establish proof of your foreign residency while you apply for renunciation. You will be asked reasons for renouncing your citizenship. To renounce your American Citizenship, you must sign a renunciation oath. On signing the oath, in front of a U.S. consular or diplomatic officer, you declare that you are renouncing all the rights given to you as a U.S. citizen. Then your application will be forwarded to the US Department of State. You must also submit your US passport to the US consular officer for cancellation. On the approval of your application, your name will be put on a list with the U.S. Department of State and you will never be able to get a US passport again.

On giving up your Citizenship, you will lose protection of the US Government. You will also not be required to pay taxes to the US government.

Entering the US after renouncing Citizenship

You can always enter the US, with the passport from a visa waiver country, though your citizenship is renounced. If you are from a non-visa waiver country then you can apply for a US visa, through which you can enter the US. You can enter the US by obtaining a tourist visa. The tourist visa can be extended and you can stay in the US for 90 days with the tourist visa. But if you are ineligible for a travel visa, you cannot enter the US.

People seeking renunciation must be aware of the fact that renouncing American Citizenship will not allow them to escape from any criminal prosecution which they have committed in the US or repayment of financial indebtedness incurred by them in the United States. It must also be noted that if a person wants to renounce US Citizenship he cannot retain some of the advantages of Citizenship, which is against the concept of renunciation.