Articles Posted in US Citizens

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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 shares with you why more than 100,000 U.S. Citizens are stuck overseas unable to renew their U.S. passports. Additionally, Jacob discusses the reason behind the denied entry of thousands of green card holders who have remained overseas for more than a year, and the status of visa services for U.S. Citizens and legal permanent residents at U.S. Embassies and Consulates abroad. Tune in to learn more about what you can do, if you are a U.S. Citizen or green card holder currently stuck overseas during the Embassy closures.

Want to know more? Keep on watching.

Overview

During the Coronavirus pandemic, Consular appointments for U.S. Citizens have been nearly impossible to obtain. That is because public health and safety remain a paramount concern during the COVID-19 health crisis. The unprecedented circumstances surrounding the Coronavirus pandemic have unfortunately prompted U.S. Consulates and Embassies worldwide to drastically scale back visa operations, including the services that can be provided. Embassies and Consulates have said that visa operations will not resume as normal until it is safe to do so. The social distancing protocols and local quarantines have also had an impact on the volume of people that can be seen for visa appointments, making them a lot more difficult to come by.

This reduction of visa services has not just impacted immigrant and non-immigrant visa applicants, but also U.S. Citizens and legal permanent residents living overseas.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick provides an important update from the National Visa Center regarding immigrant visa processing times, the status of Embassies and Consulates reopening, and expedite request information for immigrant visas.

The information provided in this video is based on the minutes of a meeting that took place between the American Immigration Lawyers Association (AILA) and the National Visa Center (NVC). In this meeting the NVC answered many of your burning questions regarding the resumption of visa services at U.S. Consulates and Embassies worldwide, current immigrant visa processing times, and expedite request information.

Want to know more? Just keep on watching.

NVC & AILA Questions and Answers on Consular Processing  

What has the NVC responded regarding Consular Processing at Embassies and Consular posts worldwide? How will NVC handle cases that are documentarily qualified? In what order will applicants be scheduled for immigrants?

Check out the Q & A below to find out.

Q: What is the volume of immigrant visa cases currently being processed at NVC?

A: During FY 2020, NVC reviewed and processed 77,000 cases per month.

Q: What was the number of non-immigrant K-1 visas processed on a monthly basis at the NVC in FY 2020?

A: Every month the NVC processed 2,500 K-1 visas during fiscal year 2020.

Q: Of all cases processed at the NVC how many applications are represented by attorneys?

A: 25% of all cases at the NVC are represented by attorneys

Q: How is the NVC handling cases that are documentarily qualified but unable to move forward due to U.S. Embassies and Consular posts that have not yet resumed normal processing?

A: The NVC is continuing to schedule cases only for posts able to conduct interviews.

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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 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 the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick discusses an important topic. Recently Iranian Americans with dual citizenship have been questioned by Customs and Border Protection upon re-entering the United States. Our clients have been asking: can the government do this?

Stay tuned to find out more.

Overview: 

As our readers may be aware tensions between the United States and Iran have been at an all-time high following the killing of Qasem Soleimani, an Iranian military commander by a United States airstrike.

Since Soleimani’s killing, the Iranian government and supreme leader have vowed to retaliate against the United States.

The United States Department of State has issued a level four travel advisory notice for Iran, alerting United States Citizens of the dangers they may face in traveling to Iran including kidnapping, arbitrary arrest, and detention. The DOS has also advised United States citizens against traveling because the United States government does not have any diplomatic or consular relations with the government of Iran and cannot provide emergency assistance to U.S. Citizens in Iran.

The DOS has also made clear on its website that Iranians with U.S./Iranian nationality are not immune to these dangers and are advised against traveling.

CBP’s Right to Question

Having said that, generally Customs and Border Protection has the right to question any individual seeking admission to the United States about any matter that they consider relevant in determining an individual’s admissibility to the country.

Given the current circumstances and political climate, it is expected for Customs and Border Protection to question Iranian American dual citizens at the port of entry, about things like their social media, what they were doing in Iran, their feelings about the political situation in Iran, who they know in Iran, and other such questions.

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