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) reminds individuals that they must obtain Advance Parole from USCIS before traveling abroad if they have:

• been granted Temporary Protected Status (TPS);
• a pending application for adjustment of status to lawful permanent resident;
• a pending application for relief under section 203 of the Nicaraguan Adjustment and Central American Relief Act (NACARA 203);
• a pending asylum application; or
• a pending application for legalization.

To obtain Advance Parole, individuals must file Form I-131, Application for Travel Document.

Advance Parole is permission to reenter the United States after traveling abroad.  Advance Parole is an extraordinary measure used sparingly to allow an otherwise inadmissible individual to enter the United States due to compelling circumstances.  By law, certain individuals must apply for a travel document and have Advance Parole approved before leaving the United States.  Attempts to reenter the United States without prior authorization may have severe consequences since individuals requiring advance parole may be unable to return to the United States and their pending applications may be denied or administratively closed.

Applicants planning travel abroad should plan ahead since applicants can anticipate processing times of about 90 days, depending on the USCIS office location.  Instructions for filing Form I-131 provide details on where to mail travel document applications and should be followed carefully to avoid delay.

Note:
Under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, aliens who depart the United States after being unlawfully present in the United States for certain periods can be barred from admission to lawful permanent resident status, even if they have obtained Advance Parole.  Aliens who have been unlawfully present in the United States for more than 180 days, but less than one year, are inadmissible for three years; those who have been unlawfully present for one year or more are inadmissible for 10 years.  Aliens who are unlawfully present, then depart the United States and subsequently reenter under a grant of parole, may still be ineligible to adjust their status.

Individuals who have been admitted as refugees or granted asylum, including those who are applying for adjustment of status, do not need to obtain Advance Parole.   Instead, these individuals should apply for a Refugee Travel Document using Form I-131 and comply with applicable application requirements, such as biometric processing, prior to leaving the United States.

Lawful permanent residents who obtained such status as a result of being a refugee or asylee in the United States may also apply for a Refugee Travel Document.

Asylum applicants, asylees and lawful permanent residents who obtained such status based on their asylum status are subject to special rules with regard to traveling outside the United States.  Such individuals are encouraged to review USCIS’ Fact Sheet Traveling Outside the United States as an Asylum Applicant, an Asylee, or a Lawful Permanent Resident Who Obtained Such Status Based on Asylum Status.

Before making any plans to travel abroad, all individuals with pending applications for adjustment of status, relief under NACARA 203, or asylum are urged to consult an immigration attorney or immigration assistance organization accredited by the Board of Immigration Appeals.

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.

The Western Hemisphere Travel Initiative (WHTI) requires all citizens of the United States, Canada, Mexico, and Bermuda to have a passport or other accepted document that establishes the bearer’s identity and nationality to enter or depart the United States from within the Western Hemisphere.

The travel document requirements make up the departments of State and Homeland Security’s Western Hemisphere Travel Initiative. This change in travel document requirements is the result of recommendations made by the 9/11 Commission, which Congress subsequently passed into law in the Intelligence Reform and Terrorism Prevention Act of 2004.

This travel initiative is being implemented in two phases:

Air travel requirements went into effect January 23, 2007 and now all travelers including children must present a passport or secure travel document when entering the United States by air.
Land/Sea requirements are transitioning toward standard and consistent documents for all travelers entering the country with full implementation on June 1, 2009.

Land and Sea Documents

WHTI requires travelers to present a passport or other approved secure document denoting citizenship and identity for all land and sea travel into the United States. WHTI establishes document requirements for travelers entering the United States who were previously exempt, including citizens of the U.S., Canada and Bermuda. These document requirements are effective June 1, 2009.

Most travelers will require one of the following documents:

U.S. citizens: A passport issued by the U.S. Government, a passport card, a valid trusted traveler program card (FAST, NEXUS, or SENTRI), an enhanced driver’s license (EDL), a Military ID with official travel orders, or a U.S. Merchant Mariner Document.
Canadian citizens: A passport issued by the Government of Canada, a valid trusted traveler program card (FAST, NEXUS, or SENTRI), or an EDL.
U.S. and Canadian children under the age of 16 will be able to present a birth certificate or other proof of citizenship. See the CBP website for more information about children traveling with a school or religious group, social organization, or sports team.
Bermudians: A passport issued by the Government of Bermuda or the United Kingdom.
Mexican citizens: Mexican citizens, including children, are currently required to present a passport with visa or a laser visa border crossing card, and therefore there is little to no expectation of change under these new requirements.

Special Audiences / Issues

Native Americans. The Indian and North Affairs Canada Card and Tribal Enrollment Cards with a photo affixed to the card will be accepted until June 1, 2009. We expect that, in order to be designated as WHTI-compliant, many Native American tribes will have to enhance their tribal enrollment and identification cards. Members of the Kickapoo Band of Texas and Tribe of Oklahoma are permitted to present the Form I-872 American Indian Card in lieu of a passport, as they do currently.
Children. U.S. and Canadian children under the age of 16 will be able to present the original or copy of their birth certificates, or other proof of citizenship such as a naturalization certificate or citizenship card. Groups of U.S. and Canadian children ages 16 through 18, when traveling with a school or religious group, social organization, or sports team will be able to enter under adult supervision with originals or copies of their birth certificates or other proof of citizenship.
Lost Passport. For lost or stolen passports while traveling overseas, report it immediately to the nearest U.S. embassy or consulate. You will need to fill out form DS-64, Statement regarding a Lost or Stolen Passport. For information on obtaining a U.S. Passport, visit www.travel.state.gov or call 1-877-487-2778.
First Responders. WHTI does not prevent U.S. Customs and Border Protection from continuing to allow first responders and patients having a medical emergency to enter the country using existing waiver and parole authorities to provide necessary expedited processing on a case-by-case basis for these individuals.
U.S. Territory Travelers. U.S. territories are considered a part of the United States. U.S. citizens returning directly from a U.S. territory are not considered to have left the country and do not need to present a passport. U.S. territories include the following: Guam, Puerto Rico, the U.S. Virgin Islands, American Samoa, Swains Island and the Commonwealth of the Northern Mariana Islands.
No Documents. You will be delayed as U.S. Customs and Border Protection officers attempt to verify your citizenship and identity.

Traveling by Sea

Cruises

U.S. citizens on closed-loop cruises (cruises that begin and end at the same port in the U.S.) will be able to enter or depart the country with proof of citizenship, such as a birth certificate and government-issued photo ID. A U.S. citizen under the age of 16 will be able to present either an original or a copy of his or her birth certificate, a Consular Report of Birth Abroad issued by Department of State, or a Certificate of Naturalization issued byU.S. Citizenship and Immigration Services.

Please be aware that you may still be required to present a passport when you dock at a foreign port, depending on the islands or countries that your cruise ship is visiting. Check with your cruise line to ensure you have the appropriate documents for the stops you’ll be making on your cruise.

Ferries and Small Boats

All individuals traveling by ferry and small boats are subject to the new requirements. Boaters who have an I-68 form (similar to a vehicle registration) must follow the new travel document requirements. Having either a NEXUS card or a passport will enable I-68 holders to continue to utilize telephonic clearance procedures.

Commercial / Charter Vessels

As long as a commercial or charter vessel does not call at a foreign port, immigration law does not consider this a “departure” from the United States and therefore upon return, is not considered an entry that would require a passport. Therefore, passports or other designated documents would not be required for those, including commercial fishermen traveling on a vessel that sails from a U.S. port and returns without calling at a foreign port.

Up to 12 Grants Offered to Community-Based Organizations Serving Immigrant Population

U.S. Citizenship and Immigration Services (USCIS) announced that a competitive grant program is being offered through Grants.gov for a $1.2 million grant program to support citizenship preparation programs for legal permanent residents.

USCIS, through the competitive grant program, will provide funding to community-based organizations (CBOs) that serve one or more priority immigrant groups in areas of the United States that contain a large representation of the country.