NJ Immigration.US

Background

U.S. Citizenship and Immigration Services (USCIS) offers immigration services and resources specifically for members of the U.S. Armed Forces and their families who are stationed in the United States and abroad. USCIS established a military assistance team to ensure that the military community receives quick and secure access to accurate information. Below is a list of answers to frequently asked questions received by our military assistance team.

Questions and Answers

Q.   I am a Conditional Resident, an active member of the U.S. Armed Forces, and have filed an Application for Naturalization (Form N-400), based on qualifying military service. My Conditional Residence is going to expire in the upcoming months. Do I need to file a Petition to Remove the Conditions on Residence (Form I-751), to acquire Permanent Resident status even if my Application for Naturalization is pending?

A.   If you were enlisted or inducted in the United States (or the Canal Zone, American Samoa, or Swain’s Island, or onboard a public vessel owned or operated by the U.S. for noncommercial service), and are applying under section 329 of the Immigration and Nationality Act (INA), you are not required to file Form I-751 while your Application for Naturalization is pending. However, if at the time of enlistment or reenlistment you were not enlisted or inducted in those geographical areas, you are required to file a Form I-751 while your application is pending. If your Form N-400 is denied for any reason, you will be required to file Form I-751 if you have not already done so to acquire Permanent Resident status.

Q.   I served in the U.S. Armed Forces for more than one year but have recently been separated from military service.  Am I eligible to file Form Application for Naturalization (Form N-400) based on qualifying military service ?
A.   You may file an Application for Naturalization (Form N-400), even if you are honorably separated from the military, based upon eligibility under section 328 or 329 of the INA. If you served honorably in any branch of the U.S. Armed Forces for a period exceeding one year, you may claim eligibility under section 328 of the INA. If you served during a specified period of hostility, to include September 11, 2001, to present, you may claim eligibility under section 329 of the INA regardless of the length of service.

Q.   I filed an  Application for Naturalization (Form N-400), based on qualifying military service and required to submit Request for Certification of Military or Naval Service (Form N-426), to USCIS but have separated from the military.  How do I fulfill this requirement?
A.   If you have separated from the military and no longer have access to a military certifying official, you have the following options:

Option 1: USCIS will accept an uncertified Form N-426 as long as you have completed and signed Form N-426 in addition to providing to USCIS a photocopy of your DD Form 214, Certificate of Release or Discharge from Active Duty. The photocopy of your DD Form 214 must include all dates of military service listed on Form N-426 as well as identify your type of separation and character of service (this information is found on page “Member-4″.)

Option 2: If you are unable to submit a photocopy of your DD Form 214, you can complete and sign Form N-426, then send it to the applicable military personnel records center with a Standard Form 180, Military Records Request, and request certification of Form N-426.

Q.   I am a spouse of a member of the U.S. Armed Forces, and USCIS has scheduled me and my spouse for an initial interview on my pending Application to Register Permanent Residence or Adjust Status (Form I-485).  My husband is currently on an overseas military assignment. Can the Form I 485 initial interview take place without my husband being present?
A.   USCIS has the authority to waive initial interviews on Form I-485 on a case-by-case basis. If you and your spouse are requested to appear for an initial interview related to the concurrent filing of Form I-130, Petition for Alien Relative, and Form I-485, Application to Register Permanent Residence or Adjust Status, you should appear for the initial interview and provide USCIS with evidence of your spouse’s overseas military assignment. The USCIS officer may reschedule the interview so your spouse can be present or proceed with the initial interview.

Q.   I am a spouse of a member of the U.S. Armed Forces and have filed a Petition to Remove the Conditions on Residence (Form I-751), while on an overseas military assignment with my spouse. Will my Form I-751 be adjudicated while we are overseas or will it remain pending until my spouse and I return to the U.S.?
A.   If USCIS determines that you have submitted sufficient evidence to demonstrate a bona fide marital union, USCIS may proceed with adjudication regardless of your geographical location. If USCIS is unable to determine your eligibility for the immigration benefit, USCIS will withhold adjudication until you and your spouse are able to be interviewed within a USCIS Field Office to establish your eligibility.

Q.   How can I expedite my Petition for Alien Relative (Form I-130), to bring my spouse to the United States?  Is there a way she/he can enter the United States while the petition is being processed?
A.   Citizens of the United States, who are serving in the U.S. Armed Forces, and have a Petition for Alien Relative (Form I-130) pending on behalf of their spouse, may e-mail or telephone the USCIS military assistance team and ask for expedited processing of that petition. While the petition is pending, your spouse may enter the United States on a K-3 nonimmigrant visa. To apply for a K-3 visa, citizens of the United States must file a Petition for Alien Fiancé (é) (Form I-129F), on behalf of the alien spouse. An approved Form I-129F will allow your spouse to enter the United States in a valid K-3 nonimmigrant visa status. If USCIS approves Form I-130 while your alien spouse is in the United States holding a K-3 nonimmigrant visa, your alien spouse can file an Application to Register Permanent Residence or Adjust Status (Form I-485), to apply to become a Lawful Permanent Resident.

Q.   I am a spouse of a member of the U.S. Armed Forces and have filed an Application to Replace Permanent Resident Card (Form I-90). I am currently overseas since my spouse has official Permanent Change of Station (PCS) orders reassigning her/him to an overseas duty station. If the application is approved will my Permanent Resident Card be mailed to an APO/FPO address?
A.   If you provided a valid APO/FPO mailing address at the time of filing Form I-90, USCIS will mail your permanent resident card to the APO/FPO address you identified.

Q.   I am stationed abroad serving on active duty in the U.S. Armed Forces, how can I notify USCIS of my APO/FPO mailing address?
A.   Members of the military stationed abroad should notify USCIS of their new address by contacting the Military Help Line by e-mail: militaryinfo.nsc@dhs.gov, or telephone: 1-877-CIS-4MIL (1-877-247-4645). We are working to add APO and FPO address changes to the online change of address tool and anticipate this option to be available soon. It is important to notify USCIS when your address changes so that you and your family members may continue to receive information and correspondence about immigration benefits and services.

Q.   I am a member of the U.S. Armed Forces scheduled for an appointment at a USCIS office in the United States for my Application for Naturalization, but I am now at an overseas duty station.  What do I do?
A.   If you have an appointment for a naturalization interview or an oath ceremony, and you have transferred overseas, contact USCIS and request to have your case transferred to the nearest USCIS overseas office. You or your military installation’s USCIS liaison can request this by contacting the Military Help Line by e-mail: militaryinfo.nsc@dhs.gov, or telephone: 1-877-247-4645.

Q.   I have filed the Application for Naturalization (Form N-400), based on qualifying military service and I asking for overseas processing. I do not have access to the 2 FD-258 Fingerprint Cards. How can I submit my fingerprint information to USCIS so my application process can continue?
A.   USCIS can use your enlistment fingerprints or fingerprints submitted for previous immigration purposes, if the fingerprints on file are readable. In instances where it takes USCIS more than 90 days to receive your enlistment prints, the Nebraska Service Center will send you a letter requesting 2 completed FD-258 fingerprint cards. If you are unable to complete the FD-258 cards, you should contact the Nebraska Service Center via the Military Help Line by e-mail: militaryinfo.nsc@dhs.gov, or telephone: 1-877-247-4645.  USCIS will continue processing your case while awaiting submission of your enlistment fingerprints.

For help with your immigration issues, contact the immigration attorneys at Garces & Grabler.

For more information about Immigration Law, visit our website at www.GarcesGrabler.com

U.S. Citizenship and Immigration Services (USCIS) will commemorate America’s 233rd birthday by naturalizing more than 6,000 citizenship candidates in approximately 50 special ceremonies held across the United States and overseas.  Five of these ceremonies are for members of the U.S. Armed Forces.

“There is no more important role we have as an agency than to welcome new citizens during naturalization ceremonies throughout the year,” said USCIS Acting Deputy Director Michael Aytes.  “But on the Fourth of July, that role is even more profound as we proudly stand side-by-side with the newest Americans to celebrate our independence together as one family.”

This year, USCIS’ weeklong celebration of citizenship is highlighted by various special events, including ceremonies on July 1 at the Sacramento Memorial Auditorium for approximately 800 candidates and on July 3 at Walt Disney World in Orlando, Fla., for approximately 1,000 candidates.

Special ceremonies will also be held July 4th at: Liberty Island, N.Y., for seven military service members; George Washington’s Home in Mt. Vernon, Va., for approximately 100 candidates; and the St. Louis Historical Old Courthouse in the shadow of the Gateway Arch for approximately 60 candidates.

Also on Independence Day, more than 500 servicemembers will take the Oath of Allegiance at four all-military ceremonies in Baghdad, Iraq; Norfolk, Va.; Camp Lejeune, N.C.; and Nellis Air Force Base, Las Vegas, Nev.

For more information about immigration, visit our website at www.GarcesGrabler.com

Or contact the immigration lawyers at Garces & Grabler for help with your immigration issues.

The hangar bay of the forward-deployed amphibious assault ship USS Essex is normally where sailors and Marines perform maintenance and prepare aircraft and other equipment for amphibious operations. On June 5, it was the site of a U.S. Citizenship and Immigration Services (USCIS) naturalization ceremony for 40 members of the military community. The 34 Sailors, Marines, and Soldiers recited the Oath of Allegiance along with one child and five spouses of military service men and women stationed in Japan.

After administering the Oath, USCIS Seoul, Korea Field Office Director Kenneth Sherman addressed the new citizens. “Your service in the United States military speaks volumes for your character and selfless service. On behalf of a very grateful nation, we are proud to welcome you as fellow American citizens.”

“I am truly honored to be a part of this event today,” said Navy Capt. Brent Canady, commander of the Essex, as he delivered the keynote address. “It is fitting that we should conduct this ceremony aboard a U.S. Navy ship and allow you to become citizens of the greatest country ever formed on this piece of sovereign U.S. soil.”

The parents of Brian Ortega Santos, 17, who was born in the Philippines, were very happy that he was able to receive his certificate of citizenship as the child of a member of the military. On June 22, he turns 18, and then he would not have been eligible to acquire citizenship through his U.S. citizen parent.

The new citizens hail from the following 17 nations: Belize; Canada; China; Dominican Republic; Ecuador; Estonia; Ghana; Guatemala; Guyana; Jamaica; Korea; Liberia; Mexico; Nepal; Nicaragua; Philippines; and Russia.

U.S. Citizenship and Immigration Services (USCIS) officials traveled to Afghanistan this week to process applications and interview 125 members of the military who have applied to become U.S. citizens. These USCIS officials are on site to ensure that every eligible servicemember can participate in a special Memorial Day naturalization ceremony at Bagram Air Base in Afghanistan.

“These USCIS officers volunteered to deploy in support of our military men and women serving in Afghanistan,” said acting USCIS Deputy Director Mike Aytes. “It is a privilege to support our nation’s servicemembers in their pursuit of citizenship, and we are humbled by their selfless service to the United States.”

All immigrants who have served honorably in an active-duty status for any period since Sept. 11, 2001, are eligible to apply for citizenship under special provisions in the Immigration and Nationality Act. Since then, USCIS officers have administered the Oath of Allegiance to more than 47,500 servicemembers. This includes naturalization ceremonies for more than 6,600 servicemembers in Afghanistan, Djibouti, Germany, Greece, Iceland, Iraq, Italy, Japan, Kenya, Kuwait, South Korea, Spain, the United Kingdom and onboard Navy flagships at sea.

USCIS conducts extensive outreach with the Department of Defense to ensure the military community has accurate information about immigration services and benefits. Specially trained USCIS customer service specialists staff the toll-free Military Help Line, (877) 247-4645 and assist servicemembers, their families, attorneys and others with military-specific naturalization and immigration issues.

For more information about becoming a United States citizen and the  Naturalization process, contact an immigration attorney at the Law Offices of Garces & Grabler.

Petitioners Are Reminded to Follow Regulatory Requirements

U.S. Citizenship and Immigration Services (USCIS) will begin accepting H-1B petitions subject to the fiscal year 2010 (FY 2010) cap on April 1, 2009.  Cases will be considered accepted on the date that USCIS takes possession of the petition; not the date that the petition is postmarked.

The numerical limitation on H-1B petitions for fiscal year 2010 is 65,000.  Additionally, the first 20,000 H-1B petitions filed on behalf of aliens who have earned a U.S. masters’ degree or higher are exempt from the fiscal year cap.

USCIS will monitor the number of petitions received and will notify the public of the date USCIS has received the necessary number of petitions to meet the H-1B cap, known as the “final receipt date.”  The date USCIS publishes information that the cap has been reached does not control the final receipt date. To ensure a fair system, USCIS will, if needed, randomly select the number of petitions required to reach the numerical limit from the petitions received on the final receipt date.  USCIS will reject cap subject petitions that are not selected, as well as those received after the final receipt date.

H-1B petitions cannot be filed more than six months in advance of the requested start date.  Petitions seeking an H-1B worker for an Oct. 1, 2009 start date can be filed no earlier than April 1, 2009.

Petitions for new H-1B employment are exempt from the annual cap if the beneficiaries will work at institutions of higher education or a related or affiliated nonprofit entities, or at nonprofit research organizations or governmental research organizations.  Thus, employers may continue to file petitions for these exempt H-1B categories seeking work dates starting in FY 2009 or 2010.

Petitions filed on behalf of current H-1B workers who have been counted previously against the cap also do not count towards the congressionally mandated H-1B cap. Accordingly, USCIS will continue to process petitions filed to:

• Extend the amount of time a current H-1B worker may remain in the United States.
• Change the terms of employment for current H-1B workers.
• Allow current H-1B workers to change employers.
• Allow current H-1B workers to work concurrently in a second H-1B position.

H-1B petitioners should follow all regulatory requirements (8 CFR §214.2) as they prepare petitions to avoid delays in processing and possible requests for evidence.  USCIS has developed detailed information, including a processing worksheet, to assist in the completion and submission of a FY2010 H-1B petition.  Those documents are available from the Related Links section of this page.

U.S. businesses use the H-1B program to employ foreign workers in specialty occupations that require theoretical or technical expertise in specialized fields, such as scientists, engineers, or computer programmers.

Enhancement Reducing Tentative Nonconfirmations

Last month, U.S. Citizenship and Immigration Services (USCIS) incorporated Department of State passport data into the E-Verify employment authorization program. This enhancement is already reducing the incidences of mismatches among foreign-born citizens.

A September 2007 E-Verify program evaluation found that foreign-born citizens were more likely to receive mismatches, known as Tentative Non-confirmations (TNCs), than U.S.-born citizens.  Passport number checking capability for citizens providing a U.S. passport as Form I-9 (Employment Eligibility Verification form) identification improves an already thriving program.

If the Department of Homeland Security (DHS) or the Social Security Administration (SSA) is unable to immediately confirm a citizen’s work eligibility, USCIS can now check State Department records prior to issuing a TNC.  If citizenship information provided on the Form I-9 matches those records, E-Verify will seamlessly confirm the individual’s work authorization.  Prior to this enhancement, the system would have issued a TNC, prompting a potentially “authorized” worker to resolve the mismatch issue.

Passport data inclusion builds upon previous initiatives aimed at reducing TNCs for foreign-born U.S. citizens.  In May 2008, USCIS implemented a system-based and data-source enhancement to address mismatches. This enhancement reduced E-Verify U.S. citizenship-related mismatches (TNCs) by approximately 39% by adding an automated check against USCIS naturalization databases for all newly hired employees claiming U.S. citizenship who were not automatically employment authorized during the SSA check.

Additionally, foreign-born U.S. citizens who ultimately receive TNCs may now call USCIS directly rather than visiting an SSA office to resolve their cases.  More than 60 percent of foreign-born U.S. citizens who have received a TNC have chosen this option and of those, more than 90 percent have led to a final determination of “work-authorized” over the telephone.

More than 113,000 employers currently participate in E-Verify and an average of 1,000 sign up each week.  More than three million queries have been run through the system since Oct. 1, 2008; of those, more than 96.1 percent are automatically verified as employment authorized.  Top industries using the system include telecommunications, administrative and support services, as well as professional, scientific, technical services, and food services.

Martin Miles Ulsano, age 7, the child of a member of the U.S. Navy, today recited the Oath of Allegiance at a naturalization ceremony held inYokosuka Naval Station, Japan, in the Chapel of Hope. In doing so, he became the newest citizen of the United States, and the first child naturalized overseas.

Martin, who was born and raised in Japan, is the son of Eugeline and Navy Petty Officer 2nd Class Caesar Ulsano. Caesar, who is originally from the Philippines, became a naturalized citizen in 2004 in Hawaii.

“The successful first naturalization of a child overseas reflects the exemplary work of U.S. Citizenship and Immigration Services employees in Korea and the military unit at our Nebraska Service Center,” said Mike Aytes, USCIS Acting Deputy Director. This also reflects the great teamwork between USCIS’ domestic and international operations divisions.

James Zumwalt, the Charge D’Affaires from the U.S. Embassy in Tokyo, delivered the keynote speech.  Kenneth Sherman, Director of USCIS’ field office in Seoul, Korea, presided over the ceremony and administered the Oath of Allegiance to Ulsano and the 62 active duty service members and nine military spouses stationed in the Pacific, who also became new citizens.

The new citizens come from diverse backgrounds, hailing from China, Columbia, Dominican Republic, Ecuador, El Salvador, England, France, Ghana, Guyana, Haiti, Jamaica, Japan, Kenya, Korea, Mexico, Morocco, Philippines, Romania, and Vietnam.

The National Defense Authorization Act of Fiscal Year 2008 permits children of U.S service members to receive their citizenship overseas where their parent is stationed even though the child may never have been in the United States.  Previous immigration law required these children to be physically present within the United States to naturalize.

USCIS recognizes the important sacrifices made by non-U.S. citizen members of the United States armed forces and their families and is committed to processing their naturalization applications in a timely and efficient manner while providing exemplary customer service, maintaining the integrity of the immigration system, and the security of the process.  Qualifying military service is generally in the Army, Navy, Air Force, Marine Corps, Coast Guard, and certain components of the National Guard and the Selected Reserve of the Ready Reserve.

Qualifications

While a member of the U.S. armed forces must meet some of the general requirements and qualifications to become a citizen of the United States, such as good moral character, some of the requirements are either reduced or completely waived.

Specifically, qualifying service members and certain veterans are not required to pay an application fee or a biometrics fee to apply for naturalization, and are not required demonstrate residence or physical presence in the United States.  Additionally, service members who serve during specifically designated periods of hostilities may not need to be lawful permanent residents.

Additionally, the National Defense Authorization Act for Fiscal Year 2004 extended all aspects of the naturalization process, including naturalization applications, interviews, oaths and ceremonies to members of the U.S. armed forces serving overseas. Before Oct. 1, 2004, military service members could only naturalize while physically within the United States.

Finally, the National Defense Authorization Act for Fiscal Year 2008 added Sections 319(e) and 322(d) to the Immigration and Nationality Act (INA), allowing certain eligible spouses and children of members of the U.S. armed forces to naturalize abroad without traveling to the United States for any part of the naturalization process.

Service in PEACEtime

Section 328 of the INA applies to all members of the U.S. armed forces or those already discharged from service. An individual may qualify for naturalization under this provision if he or she has:

• Served honorably in the military for at least one year;
• Obtained lawful permanent resident status;
• Filed an application while still in the service or within six months of separation.

Service in Wartime

Section 329 of the INA applies to members of the U.S. armed forces who serve during specifically designated periods of hostilities.  This section is sometimes referred to as wartime naturalization.  An individual may qualify for naturalization under this provision if he or she has:

• Served honorably in active-duty status for any period of time;
• Such active-duty service was during a specifically designated period of hostility;

Unlike all other provisions for naturalization, a qualifying service member is not required to be a lawful permanent resident to naturalize under this provision if the service was enlisted or inducted within the United States or other qualifying geographical area.

The Expedited Naturalization Executive Order of 2002 provides for expedited naturalization under this provision to qualified aliens and non-citizen nationals serving honorably in an active-duty status in the U.S. armed forces beginning on Sept. 11, 2001 to the present.  This section also covers veterans of designated past wars and conflicts.

ASSISTANCE TO THE MILITARY COMMUNITY

• Specially trained USCIS customer service specialists at the Nebraska Service Center staff the toll-free Military Help Line (1-877-CIS-4MIL). They assist service members, their families, attorneys and others representing them with military-specific naturalization and immigration issues.
• Specialists across USCIS have been selected to handle military naturalization packets, and each consider this responsibility a privilege and an honor, and do all that they can to ensure that applications are processed and completed as expeditiously as possible.
• In addition, every military installation has a designated point-of-contact to assist service members in preparing the naturalization application packet.  This contact is generally in the military legal office or in the personnel division.  Service members should use this contact to help prepare and file a complete naturalization application packet.

Application packet

The service member’s naturalization packet will include:

• Application for Naturalization, (USCIS Form N-400)
• Biographic Information, (USCIS Form G-325B)
• Request for Certification of Military or Naval Service, (USCIS Form N-426);
• If applicable, a copy of the USCIS Form I‑551, Permanent Resident Card; and
• Two passport-style photographs.

Members of the military applying under sections 328 or 329 of the INA are not required to pay a fee for their naturalization application.

Fingerprint Requirements

Five fingerprinting methods are available to service members:

• Have their fingerprints taken at any domestic USCIS Application Support Center (ASC) without an appointment even if their application is not yet pending with USCIS.
• Have their fingerprints taken at select military installations in the United States by USCIS personnel using mobile fingerprinting equipment.
• If USCIS fingerprinted the service member in the past for immigration purposes and USCIS is able to use these fingerprints, USCIS will re-submit these fingerprints to the FBI.
• Authorize USCIS to acquire and use the fingerprints taken at the time of enlistment by completing and submitting the Fingerprint Authorization.
• Have their fingerprints taken at U.S. military installations overseas or at U.S. Embassies and Consulates using the FD-258 fingerprint card.

Posthumous Benefits

• Section 329A of the Immigration and Nationality Act provides for posthumous citizenship to certain members of the U.S. armed forces.  A member of the U.S. armed forces who served honorably during a designated period of hostilities and dies as a result of injury or disease incurred in, or aggravated by, that service (including death in combat) may receive posthumous citizenship.
• The service member’s next of kin, the Secretary of Defense, or the Secretary’s designee in USCIS must submit the application for posthumous citizenship within two years of the service member’s death by filing an Application for Posthumous Citizenship, (USCIS Form N-644).
• Posthumous citizenship establishes that the deceased veteran is considered a citizen of the United States as of the date of his or her death.
• A surviving spouse (even if he or she remarries), child, or parent of a member of the U.S. citizen member of the armed forces, (including a service member granted posthumous citizenship), is eligible to apply for naturalization benefits under section 319(d) of the INA if the family member meets naturalization requirements other than residence and physical presence.
• For other immigration purposes, a surviving spouse (unless he or she remarries), child, or parent of a member of the U.S. armed forces who served honorably on active duty and died as a result of combat, and was a citizen at the time of death (including a posthumous grant of citizenship) is considered an immediate relative for two years after the service members dies and may file a petition for classification as an immediate relative during such period.  A surviving parent may file a petition even if the deceased service member had not reached age 21.

Military Naturalization Statistics (Through Dec. 31, 2008)

• USCIS has naturalized 45,019 service men and women since September 2001.  This includes 38,852 service members naturalized in the United States and 6,196 service members naturalized in ceremonies overseas and onboard Navy flag ships at sea. (See charts below).
• In May 2008, USCIS conducted the first overseas naturalization ceremony to include a military spouse.  Since that time, USCIS has naturalized 46 military spouses in overseas ceremonies in Germany (31), Iraq (2), Italy (2), South Korea (7), Spain (3) and the United Kingdom (1).
• Since August 2002, USCIS has granted posthumous citizenship to 118 members of the U.S. armed forces.
• Historically, the United States has conducted overseas military naturalization ceremonies during times of war.  During World War II, 20,011 service members were naturalized overseas.  During the Korean War, 7,756 service members were naturalized overseas.  Although authorized, no overseas military naturalization ceremonies were held during the Vietnam War.

Source: USCIS.gov

As of October 1, 2008, Naturalization applicants began taking a revised Naturalization test.

The U.S. Citizenship and Immigration Services (USCIS) redesigned the test in order to create a more standardized, fair and meaningful naturalization process.  The revised test, emphasizing the fundamental concepts of American democracy and the rights and responsibilities of citizenship, will help encourage citizenship applicants to learn and identify with basic American values.

Source: USCIS.gov