Articles Posted in Citizenship

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick discusses the long processing times to adjudicate applications and petitions filed with the United States Citizenship and Immigration Services (USCIS). The backlog of cases has been especially significant for certain types of applications and petitions where demand is greatest, such as I-539 applications to extend/change nonimmigrant status, I-360 petitions for Amerasians, Widow(er), or Special Immigrants, I-765 Applications for Employment Authorization, I-751 Removal of Conditions applications, and many others. According to previous data, in 2014 an average green card case took about 5 months to be processed by USCIS, while in 2020 it has taken over 10 months to process the same type of application.

The reason behind these high processing times leads back to the crippling effects caused by COVID-19. Since the outbreak of the Coronavirus pandemic, USCIS has been experiencing a financial crisis as more and more people have found it difficult to afford paying costly fees for their immigration processes. To make matters worse, USCIS has also been experiencing a shortage in personnel and resources, making it difficult for the agency to efficiently adjudicate immigration benefits.

Many of these limitations have been caused by conditions in various states around the country, as well as local government mandates. States with high rates of coronavirus for example have been especially hard hit, making it difficult for USCIS to continue to operate at previous levels. The Biden administration has taken steps to try to improve conditions and reduce the backlogs by reinstating deferential immigration policies mandating immigration officers to defer to prior approvals where immigration benefits involve the same parties and facts. The agency has also lengthened the status of removal of conditions applicants from 18 to 24 months while their applications remain pending with the USCIS and implemented flexibility policies to respond to requests for evidence. Despite these changes there is much more that needs to be done.

Want to know more about these important updates? Just keep on watching.

Overview

Massive Delays at USCIS Reach Crisis Levels

  • According to USCIS data, from fiscal year 2017 to fiscal year 2021, processing times for all I-539 applications to change or extend status rose from about 2.8 months in 2017 to 9.8 months in 2021 (an increase of more than 250%)
  • In the same period, processing times for family-based adjustment of status (I-485) applications rose from 7.9 months in fiscal year 2017 to 13.2 months in fiscal year 2021 (an increase of more than 67%)
  • Also during the same period, processing times for naturalization applications (N-400) increased from 7.9 months in 2017 to 11.6 months in fiscal year 2021 (an increase of nearly 47%)

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick shares a recent update from USCIS regarding a new policy that will extend evidence of status for green card holders who are applying to remove the conditions on their green card with the filing of either Form I-751 Petition to Remove Conditions on Residence or Form I-829 Petition by Investor to Remove Conditions on Permanent Resident Status. Jacob also provides some cautionary information for conditional permanent residents who have divorced and are returning to the U.S. after temporary foreign travel, as well as added scrutiny for those applying for naturalization who initially gained their green card through marriage to a U.S. Citizen.

Keep on watching to find out more.

Overview

2 Year Extension of Status for Conditional Permanent Residents with Pending Form I-751 or Form I-829

USCIS has recently shared important information for conditional permanent residents who have been issued a two-year green card by USCIS and are now seeking to remove the conditions on their residence. Starting September 4, 2021, USCIS is extending the time that receipt notices can be used to show evidence of lawful status from 18 months to 24 months for those who have properly filed Form I-751 Petition to Remove Conditions on Residence or Form I-829 Petition by Investor to Remove Conditions on Permanent Resident Status.

Previously, after filing Form I-751 or Form I-829, USCIS was issuing receipt notices which included an automatic 18-month extension of lawful status, allowing applicants to lawfully remain in the United States 18-months past the expiration of their green cards while their applications were under review with the agency. These extensions were issued for 18-months because that was the estimated processing time for removal of conditions applications prior to the COVID-19 outbreak.

USCIS will now be issuing 24-month extensions to reflect the current processing times more accurately for these applications, which has increased during the COVID-19 pandemic.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick discusses President Biden’s new plan to make the citizenship application process more accessible and available to more people: what’s happened so far and what plans does the Biden administration have for the future?

Keep on watching for all the details. In addition, please stay tuned for information about big changes coming soon to the United States passport application process, including a new gender option for applicants who are gender non-conforming, and information about a new bill introduced last week called, America’s CHILDREN Act that would open a pathway for permanent residence for certain individuals who came to the United States as children but overstayed their length of authorized stay.

Overview

Biden’s Interagency Strategy for Promoting Naturalization

The Biden administration is launching a nationwide campaign initiative to encourage long time lawful permanent residents (green card holders) to become U.S. Citizens. These efforts stem from President Biden’s February 2nd Executive Order “Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans.” A hallmark of this executive order is to “welcome strategies that promote integration, inclusion, and citizenship.” As part of these efforts, the Biden administration is now working closely with the United States Citizenship and Immigration Services (USCIS) to unveil a new strategy that will encourage an estimated 9 million green card holders living in the United States to apply for U.S. Citizenship. These unprecedented efforts will target those permanent residents who have the ability to naturalize.

How will this be done?

The Biden administration will be strategizing with USCIS to determine the best ways to reach this massive pool of permanent residents by holding naturalization ceremonies at national parks to raise awareness, partnering with the US Postal Service to display promotional posters at Postal Service facilities about becoming a US citizen, and engaging with the Department of Veterans Affairs and veteran service organizations to find ways to educate service members and veterans on citizenship.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick answers one of your frequently asked questions: How long does it take to get U.S. Citizenship after sending your application to USCIS? What are the actual steps involved in applying for citizenship?

Keep on watching to find out more.

Overview

How long does it take to get U.S. Citizenship these days?

The current processing time from start to finish to obtain U.S. Citizenship is over 12 months. The process begins with the filing of the N-400 Application for Naturalization with the United States Citizenship and Immigration Services (USCIS) along with all of the necessary supporting documentation and ends with the mailing of the Oath Ceremony notice that contains the date, time, and location where the applicant must appear for his or her naturalization ceremony, following approval of the application at the in-person interview which takes place at a USCIS field office.

Why the delays?

As our readers will know, the Coronavirus pandemic and ongoing USCIS backlogs have greatly increased the processing times for nearly all types of applications filed with the agency, and the N-400 Application for Naturalization is no exception. The lengthy processing time also largely depends on the number of applications being scheduled for interviews at your local USCIS office. Certain local offices are experiencing much higher workloads than others, which can result in longer processing times in comparison to field offices in smaller cities. Unfortunately, these backlogs are set to continue through at least 2023.

What are the steps to apply for U.S. Citizenship?

STEP ONE: Filing and preparing the Form N-400 Application for Naturalization

The first step involved in the naturalization process is filing and preparing Form N-400, the Application for Naturalization, and including all the necessary supporting documentation with the application. This form is taking about 1 year to be processed by USCIS.

TIP: If you are a self-filer, be sure to carefully read the N-400 form instructions and ensure that you have provided accurate responses and completed the form correctly. Failure to ensure the proper completion of the form can result in delays, or serious immigration consequences. In addition, self-filers must ensure that they have sent the appropriate filing fees and have mailed the application to the proper address.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick discusses the latest immigration legislation, otherwise known as the U.S. Citizenship Act of 2021.

So, what is this new bill all about and how can it benefit your family?

Keep on watching to learn more.

Overview

We have very exciting news for you today. We are pleased to report that Biden and congressional Democrats have introduced a brand-new piece of legislation known as the U.S. Citizenship Act of 2021. While his new bill has not yet become law, it is creating a lot of buzz because it proposes an earned path to citizenship for millions of undocumented immigrants who were in the United States on or before January 1, 2021.

The new bill would create a “fast track” green card application process for certain types of immigrants including DACA recipients, those who qualify for Temporary Protected Status (TPS), and farm workers who can demonstrate their work history.

The introduction of this bill is significant, because it appears that Congress is finally gearing up to compromise and pass a comprehensive immigration reform package for the first time in decades.

What are the main highlights of the bill?

The bill makes the following proposals:

  • Establishes an 8-year path to citizenship for undocumented immigrants who arrived in the United States by January 1, 2021
  • Provides an expedited path to citizenship for farm workers, those eligible for Temporary Protected Status, and undocumented young people who arrived to the U.S. as children with temporary status under DACA
  • Establishes Lawful Prospective Immigrant Status for 6 years
  • Replaces the word “alien” with “non-citizen” under immigration law
  • Raises the per-country visa caps on family and employment-based legal immigration numbers
  • Repeals the penalty that prohibits undocumented immigrants who leave the country from returning to the U.S. for between 3- and 10-years (repeals the 3 and 10-year bars) to allow for families to stay together without the need to file a waiver of inadmissibility
  • Expands transitional antidrug task forces in Central America
  • Increases funding for technology at the southern border

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick discusses a very important topic: what are the top 5 mistakes applicant’s make when applying for citizenship and how can you avoid them?

Want to know more? Keep on watching for more information.

Overview

New changes to the naturalization examination are coming. Beginning December 1, 2020, the United States Citizenship and Immigration Services (USCIS), will introduce new changes that will make it more difficult for applicants to pass the civics examination. These new changes will apply to citizenship applications filed on or after December 1, 2020.

What type of changes will be introduced?

In order to obtain U.S. citizenship, applicants must successfully pass two components of the naturalization examination: The first is English proficiency – applicants must demonstrate English language proficiency as determined by their ability to read, write, speak and understand English. The second requirement is the civics examination – applicants must pass an oral examination by demonstrating adequate knowledge of U.S. history and government.

Beginning December 1, 2020 USCIS will:

  • Increase the general bank of civics test questions from 100 to 128 (the possible questions that may be asked)
  • Increase the number of test questions that will be asked for the civics exam to 20 (from 10)
  • Increase the number of correct answers needed to pass the civics test to 12 (from 6)
  • The test score required to pass (60 percent correct) the civics test however will not change

In order to pass the civics examination applicants must correctly answer at least 12 of the 20 questions asked.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick shares the latest update regarding reopening procedures for United States Citizenship and Immigration Services (USCIS) field offices nationwide.

Keep on watching for more information.

Overview

On May 27, 2020, USCIS announced that some domestic field offices and asylum offices would begin to reopen to the public on or after June 4, 2020. Unfortunately, as June 4th came and went, it became evident that USCIS would not be able to reopen its offices on June 4th. USCIS recently published an office closure webpage which shows that all field offices, asylum offices, and application support centers are still closed to the public, except for those seeking urgent emergency services. Unfortunately, this means that there will be delays in reopening offices nationwide. We have received information that the San Diego Field Office plans to reopen during the month of July. Based on this information we believe that the majority of field offices, asylum offices, and application support centers will also reopen around this time frame.

Even when USCIS offices do reopen, it will not be business as usual. USCIS has said it will be reducing the number of appointments and interviews at its offices to comply with social distancing requirements. As a result, USCIS will not be scheduling nearly as many biometrics appointments and interviews as it did before the coronavirus pandemic. This will result in further delays in the adjudication of applications and petitions that require an interview such as applications for permanent residency and naturalization.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick discusses a frequently asked question: can someone who is in the process of getting divorced overseas re-marry in the United States before that divorce is final?

Overview:

In many foreign countries the process of getting divorced is a very long and tedious process with many divorces taking many years to come to a final conclusion.

Many clients are left wondering whether they can lawfully re-marry in the United States while their divorce process is pending overseas, so that they can move on with their lives and apply for adjustment of status based on their marriage in the United States.

Unfortunately, you may not lawfully re-marry in the United States until all prior marriages have been terminated. A prior marriage is terminated when divorce proceedings come to a conclusion. A prior marriage is terminated by a government order or decree of dissolution of marriage issued by the appropriate authority in the country where your divorce proceedings took place. If you have not received a final order or decree of dissolution from such an authority, your prior marriage has not been terminated.

Filing a petition for adjustment of status while you remain married to someone else, even in a foreign country, carries with it very serious legal consequences.

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Welcome back to Immigration Lawyer Blog, where we discuss all things immigration. In this video, we cover a new policy update handed down by USCIS that affects children of U.S. service members and government employees stationed abroad.

The new policy update states that certain children of U.S. government employees and U.S. armed forces members, employed or stationed outside the United States, will not be considered to be “residing in the United States” for purposes of acquiring citizenship under INA 320 beginning October 29, 2019.

In other words, some children of U.S. government workers and members of the U.S. armed forces stationed abroad will no longer be granted automatic citizenship. Instead, their parents will need to apply for their citizenship by filing Form N-600K Application for Citizenship and Issuance of Certificate Under Section 322 before the child’s 18th birthday.

Who does the Policy affect?

This policy applies to the following categories of children of U.S. government employees and U.S. armed forces members:

  • children of non-U.S. citizens adopted by U.S. citizen employees or service members;
  • children of non-U.S. citizen parents who become citizens after the child’s birth; and
  • children of U.S. citizens who do not meet residency requirements to transmit citizenship to their children at birth.

While these children will no longer obtain citizenship automatically, U.S. citizen parents residing outside the United States, with children who are not U.S. citizens, can still apply for their citizenship, by filing Form N-600K before the child’s 18th birthday.

Who does the Policy not affect?

The policy DOES NOT affect children who are citizens at birth or who have already acquired citizenship prior to October 29, 2019.

The Takeaway

This new policy does not take away the citizenship rights of children of U.S. service members and government employees stationed abroad, but rather makes it harder for these children to acquire citizenship by requiring parents to submit Form N-600K with supporting documentation. Previously, children who regularly resided outside the United States could acquire citizenship automatically.

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What happens when you have let your green card expire, and you now want to apply for citizenship?

Overview: 

Under current immigration law, a naturalization applicant is not required to have a valid green card at the time of filing for citizenship.

Because of this, individuals with a now expired green card do not need to apply to renew their green cards before applying for citizenship.

However, in cases where the green card was lost or stolen it is recommended that the individual file Form I-90 to renew a lost or stolen green card.  Even in this case you may still apply for citizenship and provide a copy of your I-90 receipt notice as proof that your green card renewal is in process.

Exception: Individuals who are traveling or individuals who need to have a valid green card to prove that they are eligible to engage in lawful employment,  should apply to renew their green cards as soon as possible.

Remember that as a general rule, applicants are allowed to apply for citizenship even if their green card has now expired, but in certain cases it may be a good idea to apply for a green card renewal prior to applying for naturalization.

Conditional Green Cards

If you have received a conditional 2-year green card, you must first remove the conditions on your conditional permanent residence on Form I-751. Conditional residents may apply for citizenship on their third anniversary of becoming a resident, if they remain married to the same individual who petitioned for their green card.

For more information about citizenship please click here.

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