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Archive for the ‘US Citizenship’ Category
9th November 2010
Since the topic of American Investment visas was first broached on this blog, this author has received some questions regarding the way in which United States Investment Visas actually operate in the real world. One of the most frequently asked questions pertaining to EB-5 visas is: “Can I get US Citizenship by investing in the United States?” The answer to that question is somewhat nuanced and it requires one to have a rather in-depth understanding of the EB-5 Immigrant Investor visa and the process for obtaining this type of travel document.
There are some countries around the world which have programs whereby investors can obtain virtually instantaneous citizenship simply by investing capital into the economy of the country issuing the nationality documents. In the United States, there is no program that operates this way. However, the EB-5 visa does grant the visa holder lawful permanent residence in the USA. This is a substantial benefit and should not be taken for granted as Lawful Permanent Residence is a highly sought after status that allows the Permanent Resident to permanently reside and work in the United States. Many often refer to Lawful Permanent Residence as “Green Card” status. That said, Lawful Permanent Residence is not American Citizenship. Those in the USA in Green Card status are not permitted to vote in elections, run for political office, and such individuals also cannot obtain a US passport. Although, those in Lawful Permanent Resident (LPR) status may be eligible to obtain a US reentry permit which allows the bearer to leave the United States for as long as two years without raising the presumption of residential abandonment.
Although there is no “citizenship by investment” program in the USA, the EB-5 visa could be the first step in the United States Naturalization process. For example, if an immigrant investor is granted an EB-5 visa and enters the United States, then that individual would be granted permanent residence upon lawful admission. After residing in the United States for a statutorily prescribed period of time, and assuming all other criteria are met, it may be possible for an EB-5 visa holder to apply for naturalization. Naturalization is the process whereby a foreign national becomes a United States Citizen. The process can be somewhat cumbersome and for those unaccustomed to dealing with immigration matters it may seem complex and frustrating at times, but upon approval of a petition for naturalization an EB-5 Immigrant Investor could theoretically obtain United States Citizenship.
Even though the United States does not offer a direct “Citizenship by Investment” program, one could argue that the US offers a “Path to Citizenship” by Investment program in the form of the EB-5 visa which places holders of said visa on track to possible American Citizenship should all other criteria be adhered to and the physical presence requirement be met.
For related information please see: EB-5 Visa Thailand, EB-5 Visa China, or EB-5 Visa Taiwan.
27th October 2010
Information Regarding Newly Updated Naturalization Certificate
Posted by : admin
It recently came to this author’s attention that the Department of Homeland Security’s United States Citizenship and Immigration Service (USCIS) has promulgated a new Naturalization Certificate. The new document has enhanced security features and is updated in order to comport with current law. To quote directly from a recent press release distributed by the American Immigration Lawyers Association (AILA):
U.S. Citizenship and Immigration Services (USCIS) today announced it has begun issuing a redesigned, more secure Certificate of Naturalization (Form N-550) as part of its ongoing efforts to enhance the integrity of the immigration system. The agency anticipates that over 600,000 new citizens will receive the enhanced certificate over the next year.
It really can seem rather astounding that the United States grants citizenship to so many people each year as there are many countries throughout the world that do not take in immigrants at nearly the rate of the United States. Furthermore, of the countries that admit immigrants it would seem that the United States is more eager to grant citizenship to those who have obeyed the immigration laws and sought naturalization through the proper channels.
The aforementioned press release went on to note some frequently asked questions posed by those interested in the U.S. Naturalization process:
Q1. What is a Certificate of Naturalization (Form N-550)?
A1. The Certificate of Naturalization serves as evidence of your citizenship. You receive it after taking the Oath of Allegiance to the United States. Citizenship qualifies you to vote and travel with a U.S. passport, among other rights. In many instances, a Certificate of Naturalization is accepted as a valid form of identification.
Q2. Why did USCIS redesign the naturalization certificate?
A2. The previous Certificates of Naturalization featured hard-copy photos of the candidates. The redesigned certificate features the naturalization candidate’s digitized photo and signature embedded into the base document. Eliminating the requirement to affix the hard-copy photo and hand-stamp the USCIS director’s signature cuts cost in man-hours and improves security.
Q3. What’s different about the new certificates?
A3. The naturalization candidate’s digitized photo and signature are embedded in the security-enhanced certificate. Its background features a color-shifting ink pattern that is difficult to recreate. Additionally, USCIS will use a more secure printing process, making it more tamper-proof.
Q4. When will USCIS issue the security-enhanced naturalization certificates?
A4. USCIS will begin using redesigned certificates at all offices beginning today. USCIS offices in Atlanta, Denver and Baltimore will begin to utilize the automated production process this week, including digitizing photos and signatures on all certificates. USCIS will deploy the automated production system agency-wide by the end of the calendar year.
Q5. Following the agency-wide transition to the new document, will all new citizens receive redesigned naturalization certificates with digitized photos?
A5. While all new citizens will receive the redesigned, security-enhanced certificate, certain, limited categories of naturalization candidates, including overseas military and homebound candidates, will receive documents with hard-copy photos affixed to their certificates.
Q6. I’ve already obtained a Certificate of Naturalization. Will I have to apply for the redesigned security-enhanced version?
A6. No. All previously issued Certificates of Naturalization will remain valid.Q7. How does the issuance of the redesigned naturalization certificate impact applicants?
A7. The issuance of the redesigned Certificate of Naturalization will not impact Application for Naturalization (N-400) processing times. USCIS Application Support Centers (ASCs) will still require applicants to submit their fingerprints and two hard-copy photos. The ASCs will also capture a digital photograph and digital signature for each N-400 applicant.
Q8. If ASCs will capture digital photos of N-400 applicants, why must applicants still provide hard-copy photos?
A8. The hard-copy photos will be required as a back-up in case of unforeseen issues, allowing them to continue their naturalization process without delay.
Q9. Will USCIS update any of its other certificates?
A9. Yes. USCIS intends to digitize its other citizenship-related certificates, but no completion dates have been set.
Q10. Will the wording of the naturalization certificate change?
A10. Yes. USCIS has revised the wording to better reflect the current provisions of the Immigration and Nationality Act. In particular, obsolete language stating that the candidate resides in the United States and “intends to reside in the United States when so required by the Naturalization laws of the United States” has been removed. These changes affect the form of the certificate only and do not alter any legal requirements for naturalization or USCIS application processing.
This author found it interesting to note that the FAQ’s quoted above mentioned that other citizenship documentation may be updated soon. It remains to be seen whether or not the Certificate of Citizenship, which signifies US Citizenship, but for those who are Citizens not by naturalization, but through either some extraneous set of circumstances of by operation of law; will be enhanced to safeguard against fraud. Certificates of Citizenship are likely to be more common in the future particularly since the promulgation of the Child Citizenship Act, but it remains to be seen how the Certificate of Citizenship might be upgraded.
Naturalization to United States Citizenship is a serious undertaking and those interested in becoming United States Citizens should research the process thoroughly in an effort to understand the requirements and ramifications of United States Citizenship. Hopefully, this new Naturalization Certificate will result in increased security in the form of more tamper resistant documentation.
Fore related information please see: USCIS processing time, Child Citizenship Act, or Legal.
19th September 2010
Making Informed Decisions about Hiring a US Immigration Law Firm
Posted by : admin
This author has frequently discussed the myriad problems that Immigrants can face when dealing with an unlicensed American immigration “agent” or “specialist“. American law and Federal Regulations are clear regarding the issue of who is allowed to provide legal services in matters arising before the United States Citizenship and Immigration Service (USCIS) specifically; or any of the other agencies which are overseen by the Department of Homeland Security (DHS). Only licensed attorneys from the United States of America are able to provide consultations about US Immigration matters for a fee. Furthermore, only an attorney licensed by the Highest Court of least one US State, Commonwealth, or outlying territory is allowed charge fees to represent clients before DHS, including USCIS.
Unfortunately, there are some unauthorized organizations throughout the world claiming to be able to provide advice and assistance in American Immigration matters. The internet has proven to be a great tool for those wishing to research matters pertaining to United States Immigration. Meanwhile, it has also provided a platform for some operations which claim legal expertise without appropriate training or licensure. Such individuals and entities ought to be avoided at all costs since information transmitted to such individuals and entities may not be protected by the usual legal protections accorded to communications conveyed between an American attorney and their client. Furthermore, one who is not legally trained or not licensed to provide legal services in a given jurisdiction or about a particular subject cannot provide effective counsel nor lawful confidentiality to those seeking their assistance. This can be especially important to those conveying sensitive information about a case pending before an immigration tribunal, agency, US Embassy, or US Consulate abroad. Those engaged in the unauthorized practice of law in the aforementioned manner are thereby placing their own interests, as well as those of their unsuspecting “clients’”, in jeopardy.
When comparing the costs of legal service it is important to understand the pivotal role of licensure when making a decision to retain counsel. No licensed legal professional is likely to have a problem with prospective clients shopping for a reasonably priced service with a professional that they feel comfortable dealing with. In general, licensed American attorneys find that competition with other professionals makes for a healthy and prosperous business environment, but to compare the services of a licensed American immigration attorney with one who is not licensed to practice law creates a false comparison as US law is clear that those without licensure cannot provide the services which they claim they can provide in an immigration context. In short: one cannot compare a legal service with an illegal service from a price standpoint as an illegal service provider simply cannot provide such services at any price.
For further information please see: licensed lawyer. To learn more about US Immigration from Southeast Asia please see: US Immigration Law Thailand.
17th August 2010
Will The Increase in Citizenship Renunciation Continue?
Posted by : admin
United States Citizenship is the highest lawful status that one can reach in the USA, from an Immigration perspective. Many people from around the world seek visas, travel documents, and permanent residence in the United States. Of the relative few who obtain lawful status in the United States, even fewer ultimately naturalize to US Citizenship. American Citizenship accords the Citizen with voting rights, work authorization, and virtually unfettered travel rights within the United States of America. That said, there are some situations where an American Citizen seeks to renounce their United States Citizenship. In a recent article from the New York Times it was noted that citizenship renunciation seems to be on the rise. To quote the article directly:
Amid mounting frustration over taxation and banking problems, small but growing numbers of overseas Americans are taking the weighty step of renouncing their citizenship.
“What we have seen is a substantial change in mentality among the overseas community in the past two years,” said Jackie Bugnion, director of American Citizens Abroad, an advocacy group based in Geneva. “Before, no one would dare mention to other Americans that they were even thinking of renouncing their U.S. nationality. Now, it is an openly discussed issue.”
The Federal Register, the government publication that records such decisions, shows that 502 expatriates gave up their U.S. citizenship or permanent residency status in the last quarter of 2009. That is a tiny portion of the 5.2 million Americans estimated by the State Department to be living abroad.
There are a significant number of American expatriates living throughout the world and it should be noted that not all of these individuals wish to renounce their US Citizenship. However the New York Times went on to point out:
Still, 502 was the largest quarterly figure in years, more than twice the total for all of 2008, and it looms larger, given how agonizing the decision can be. There were 235 renunciations in 2008 and 743 last year. Waiting periods to meet with consular officers to formalize renunciations have grown.
Anecdotally, frustrations over tax and banking questions, not political considerations, appear to be the main drivers of the surge. Expat advocates say that as it becomes more difficult for Americans to live and work abroad, it will become harder for American companies to compete.
Increasingly, international banks and financial institutions are finding it difficult to deal with some American financial regulations. That said, most American expatriates (or expats) seem to be more frustrated by American tax policy rather than American financial restrictions. The New York Times went on to note:
American expats have long complained that the United States is the only industrialized country to tax citizens on income earned abroad, even when they are taxed in their country of residence, though they are allowed to exclude their first $91,400 in foreign-earned income.
One Swiss-based business executive, who spoke on the condition of anonymity because of sensitive family issues, said she weighed the decision for 10 years. She had lived abroad for years but had pleasant memories of service in the U.S. Marine Corps.
Yet the notion of double taxation — and of future tax obligations for her children, who will receive few U.S. services — finally pushed her to renounce, she said.
“I loved my time in the Marines, and the U.S. is still a great country,” she said. “But having lived here 20 years and having to pay and file while seeing other countries’ nationals not having to do that, I just think it’s grossly unfair.”
“It’s taxation without representation,” she added.
Stringent new banking regulations — aimed both at curbing tax evasion and, under the Patriot Act, preventing money from flowing to terrorist groups — have inadvertently made it harder for some expats to keep bank accounts in the United States and in some cases abroad.
Some U.S.-based banks have closed expats’ accounts because of difficulty in certifying that the holders still maintain U.S. addresses, as required by a Patriot Act provision.
Even though tax considerations, for both individuals in the present and for those in the future, may be enough for some to renounce their United States Citizenship it would seem that many Americans feel as if renunciation of United States Citizenship is a very drastic measure that should not be taken lightly. Those thinking about giving up their US Citizenship are well advised to seek competent counsel from a US Immigration attorney in order to ascertain all of the relevant ramifications of such a significant decision. Those thinking of renouncing their United States Lawful Permanent Residence (LPR) might also find it useful to seek the advice of a competent attorney who can explain the legal issues that arise as a result of giving up American LPR status.
For related information please see: I-407 or naturalization.
30th July 2010
The EB-5 Visa: What Is It?
Posted by : admin
In recent months, this author has received a number of inquires regarding the American EB-5 visa. Many seem interested in this visa category because it accords the bearer with substantial benefits in the United States and also puts EB-5 visa holders on track to obtain United States Citizenship. In order to provide the reading public with relevant information, this post will provide a brief overview of the EB-5 visa and some information regarding the application process.
A well rounded layman’s definition of the EB-5 visa can be found at wikipedia.com. To briefly quote wikipedia’s entry regarding the EB-5 visa directly:
“The EB-5 visa for Immigrant Investors is a United States visa created by the Immigration Act of 1990. This visa provides a method of obtaining a green card for foreign nationals who invest money in the United States.[1] To obtain the visa, individuals must invest at least $1 million, creating at least 10 jobs.[2]
By investing in certain qualified investments or regional centers with high unemployment rates, the required investment amount is $500,000. The Immigrant Investor Pilot Program was created by Section 610 of Public Law 102-395 on October 6, 1992. This was in accordance to a Congressional mandate aimed at stimulating economic activity and job growth, while allowing eligible aliens the opportunity to become lawful permanent residents. This “Pilot Program” required only $500,000 of investment in exchange for permanent resident status. The investment could only be received by an economic unit defined as a Regional Center.”
Although the above definition provides superficial insight into the mechanics of the EB-5 visa, the official website of the United States Citizenship and Immigration Service (USCIS) may provide deeper elucidation into the eligibility requirements for an EB-5 visa:
Eligibility Criteria
New Business Enterprise
To qualify you must:
- Invest or be in the process of investing at least $1,000,000. If your investment is in a designated targeted employment area (discussed further below) then the minimum investment requirement is $500,000.
- Benefit the U.S. economy by providing goods or services to U.S. markets.
- Create full-time employment for at least 10 U.S. workers. This includes U.S. citizens, Green Card holders (lawful permanent residents) and other individuals lawfully authorized to work in the U.S. (however it does not include you (the immigrant), or your spouse, sons or daughters).
- Be involved in the day-to-day management of the new business or directly manage it through formulating business policy – for example as a corporate officer or board member.
Targeted Employment Area is defined by law as “a rural area or an area that has experienced high unemployment of at least 150 percent of the national average.” For further detail click on the Laws section of this website and access section 203(b)(5)(B) of the Immigration Nationality Act (INA).
Troubled Business
To qualify you must:
- Invest in a business that has existed for at least two years.
- Invest in a business that has incurred a net loss, based on generally accepted accounting principles, for the 12 to 24 month period before you filed the Form I-526 Immigrant Petition by an Alien Entrepreneur.
- The loss for the 12 to 24 month period must be at least equal to 20 percent of the business’s net worth before the loss.
- Maintain the number of jobs at no less than the pre-investment level for a period of at least two years.
- Be involved in the day-to-day management of the troubled business or directly manage it through formulating business policy. For example as a corporate officer or board member.
- The same investment requirements of the new commercial enterprise investment apply to a troubled business investment ($1,000,000 or $500,000 in a targeted employment area).
Regional Center Pilot Program
To qualify you must:
- Invest at least $1,000,000 or $500,000 in a regional center affiliated new commercial enterpriose or a troubled business located within the area of the USCIS designated Regional Center. Regional Centers are defined and discussed further below.
- Create at least 10 new full-time jobs either directly through the capital investment.
A Regional Center is defined as any economic unit, public or private, which is involved with the promotion of economic growth, improved regional productivity, job creation, and increased domestic capital investment. The organizers of a regional center seeking the regional center designation from USCIS must submit a proposal showing:
- How the regional center plans to focus on a geographical region within the U.S., and msut explain how the regional center will achieve the required economic growth within this regional area
- That the regional center’s business plan can be relied upon as a viable business model grounded in reasonable and credible estimates and assumptions for market conditions, project costs, and activity timelines
- How in verifiable detail (using economic models in some instances) jobs will be created directly or indirectly through capital investments made in accordance with the regional center’s business plan
- The amount and source of capital committed to the project and the promotional efforts made and planned for the business project.
As can be seen from the above citation, the eligibility criteria for an EB-5 visa are rigorous, but not insurmountable for an applicant who has the assistance of a competent and experienced US Immigration attorney. Obtainment of EB-5 visas can require a great deal of time and expense in an effort to ensure that the eligibility and application requirements are met at the time of application submission. Those interested in obtaining such a travel document are well advised to contact an American Immigration lawyer.
For further details about US Immigration in general please see: US Visa.
23rd June 2010
DOS Seeks Comments On Proposed Rule Changes Regarding US Passports
Posted by : admin
On this blog we often discuss issues associated with US passports and US Immigration. Recently, this author discovered that the Department of State (DOS) is seeking comments regarding a proposed rule change which would alter the way in which DOS collects information prior to American passport issuance. The following excerpts are taken from the American Immigration Lawyers Association (AILA) website. To quote one page from the AILA website:
The Department of State is seeking Office of Management and Budget (OMB) approval for the information collection described below. The purpose of this notice is to allow 60 days for public comment in the Federal Register preceding submission to OMB. We are conducting this process in accordance with the Paperwork Reduction Act of 1995….
Abstract of proposed collection:
The information collected on the DS-3053 is used to facilitate the issuance of passports to U.S. citizens and nationals under the age of 16. The primary purpose of soliciting the information is to ensure that both parents and/or all guardians consent to the issuance of a passport to a minor under age 16, except where one parent has sole custody or there are exigent or special family circumstances.
Methodology:
Passport Services collects information from U.S. citizens and non- citizen nationals when they complete and submit the Statement of Consent or Special Circumstances: Issuance of a Passport to a Minor under Age 16. Passport applicants can either download the DS-3053 from the Internet or obtain one from an Acceptance Facility/Passport Agency. The form must be completed, signed, and submitted along with the applicant’s DS-11, Application for a U.S. Passport…
Clearly the Department of State wishes to use the DS-3053 in order to collect what they deem to be the necessary information before issuing a passport to a minor child. The public policy reasons for this change of rules is somewhat obvious as the Department is likely concerned about improper issuance of a US passport to minor.
To quote another page on the AILA website:
60-Day Notice of Proposed Information Collection: Form DS-5504, Application for a U.S. Passport: Name Change, Data Correction, and Limited Passport Book Replacement, OMB Control Number 1405-0160…
The Department of State is seeking Office of Management and Budget (OMB) approval for the information collection described below. The purpose of this notice is to allow 60 days for public comment in the Federal Register preceding submission to OMB. We are conducting this process in accordance with the Paperwork Reduction Act of 1995…
We are soliciting public comments to permit the Department to:
Evaluate whether the proposed information collection is necessary for the proper performance of our functions…
The information collected on the DS-5504 is used to facilitate the re-issuance of passports to U.S. citizens and nationals when (a) the passport holder’s name has changed within the first year of the issuance of the passport; (b) the passport holder needs correction of descriptive information on the data page of the passport; or (c) the passport holder wishes to obtain a fully valid passport after obtaining a full-fee passport with a limited validity of two years or less. The primary purpose of soliciting the information is to establish citizenship, identity, and entitlement of the applicant to the U.S. passport or related service, and to properly administer and enforce the laws pertaining to the issuance thereof…
In this instance, it would seem that the Department of State is primarily concerned with collecting necessary data so as to issue US passports only to those individuals who are legally entitled to such travel documents. US Citizenship has many benefits that are not accorded to Non-US Citizens. Therefore, those issuing US passports must take appropriate measures to ensure that US passports are not issued to individuals who are not legally entitled to such status. With laws such as the Child Citizenship Act, these measures are likely to become more necessary as individuals are deriving their US Citizenship in different way compared to Americans in previous generations.
For those interested in obtaining a US Passport in Thailand or information about visa services please see: American Citizen Services or US Embassy Thailand.
7th June 2010
Denaturalization: Losing US Citizenship
Posted by : admin
In previous postings on this blog, we have discussed the naturalization process and the various ways in which individuals can become Citizens of the United States of America. Many believe, erroneously, that once a person is naturalized to US Citizenship, they cannot lose their citizenship. Unfortunately for some, this is not necessarily the case. US law provides for denaturalization under certain circumstances. Generally, denaturalization only occurs in siutuations where the applicant for naturalization was dishonest in their application for US Citizenship. The following is a quote from a recent presss release promulgated by the American Justice Department:
A former member of the Bosnian Serb Army has left the United States to return to Serbia after a federal judge ordered his denaturalization based on concealment during his application for U.S. citizenship that he served in the military during the Bosnian war, announced Assistant Attorney General Lanny A. Breuer of the Criminal Division, U.S. Attorney Brian Albritton of the Middle District of Florida and Assistant Secretary John Morton of U.S. Immigration and Customs Enforcement (ICE).
Jadranko Gostic, 47 , a former resident of St. Petersburg, Fla., departed the United States on June 1 , 2010. U.S. District Court Judge James Moody in Tampa, Fla., ordered his denaturalization on May 26, 2010. Gostic was indicted in December 2006 on one count of unlawful procurement of citizenship and one count of making false statements. In January 2010, a civil complaint was filed against Gostic alleging illegal procurement of U.S. citizenship and requesting his denaturalization. Court documents allege that Gostic served in the Zvornik Infantry Brigade of the Bosnian Serb Army from April 1992 until December 1995. According to court documents, international tribunals have found that some units of the Zvornik Brigade engaged in war crimes and crimes against humanity , and that they participated in the July 1995 action against the Srebrenica enclave during which some 8,000 Muslim men and boys were executed.
Gostic entered the United States in 1999, received lawful permanent residence status in 2002 and was naturalized in 2004. According to court documents, at each stage of the immigration and naturalization process Gostic concealed his service in the Zvornik Brigade, even when specifically asked about his prior military service.
Gostic agreed to admit to the allegations against him, to be denaturalized, to surrender his lawful permanent resident status and to depart the United States. Gostic fulfilled the requirements of this agreement and departed the United States. As a result of his cooperation, the criminal charges against Gostic will be dismissed.
This case was investigated by the ICE Tampa Special-Agent-in-Charge Office and was prosecuted by Senior Trial Attorney William Kenety in the Criminal Division’s Human Rights and Special Prosecutions Section (HRSP) and Assistant U.S. Attorney Donald Hansen of the U.S. Attorney’s Office for the Middle District of Florida.
The Criminal Division announced the formation of HRSP on March 30, 2010, as part of the U.S. government’s efforts to bring human rights violators to justice and deny those violators safe haven in the United States. The new section represents a merger of the Criminal Division’s Domestic Security Section (DSS) and the Office of Special Investigations (OSI).
As can be gathered from the above press release, Denaturalization proceedings are not taken lightly by the American government nor is it a matter that is taken lightly by the US Courts. That said, in certain situations, denaturalization is warranted if the naturalized American’s actions require the implementation of such a measure. This is one more prime example of why honesty is the best policy when it comes to US Immigration as dishonesty can “unravel” one’s lawful status in the United States, even if that status is US Citizenship.
For related information please see: US Visa Thailand or Child Citizenship Act.
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