Integrity Legal

This blog is dedicated to providing relevant information for those with pending Immigration petitions before the United States Citizenship and Immigration Service (USCIS). With that in mind, it is particularly important to provide relevant information to military personnel who have a spouse or loved one processing through the American Immigration system. This author recently discovered that USCIS has posted a set for frequently asked questions  (and their answers) regarding the US Immigration process for military personnel and their families. Below is a list of Questions and Answers promulgated by USCIS and distributed by the American Immigration Lawyers Association (AILA):

Questions and Answers for Members of the Military

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.

Adjustments

Q. What is the fee for the Application for Naturalization (Form N-400) filed by spouses of military members?

A. The filing fee for the Application for Naturalization (Form N-400) is $675 ($595 plus a biometrics fee of $80). Individuals who submit FD-258 Fingerprint Cards directly to USCIS with their applications are not required to pay the biometrics fee. Applicants filing from within the United States should submit a single check or money order of $675 made payable to Department of Homeland Security or U.S. Citizenship and Immigration Services.

Q. I am a military member stationed abroad with my dependents. Can my dependents have their naturalization interviews conducted overseas?

A. Yes. Certain spouses or children of service members residing abroad with that service member (as authorized by official orders) may be eligible to become naturalized citizens without having to travel to the United States for any part of the naturalization process. Please see “Fact Sheet: Requirements for Naturalization Abroad by Spouses of Members of the U.S. Armed Forces” and “Overseas Naturalization Eligibility for Certain Children of U.S. Armed Forces Members” on www.uscis.gov/military for more information.

If you have an appointment for a naturalization interview and you have transferred overseas, contact USCIS by calling the Military Help Line by telephone: 1-877-CIS-4MIL (1-877-247-4645) or email: [email protected] and request to have your case transferred to your nearest USCIS overseas office.

Submitting Biometrics

Q. I am an active duty military member and am required to submit biometrics at a USCIS Application Support Center (ASC). Do I need an appointment?

A. No. Active duty military members do not need an appointment and will be accepted on a walk-in basis at any ASC in the United States. You should bring your military ID with you to the ASC.

Q. Can I submit fingerprints before I file the Application for Naturalization (Form N-400)?

A. Yes. You may submit fingerprints even if you have not yet submitted an Application for Naturalization.

Q. Where can military members or dependents that are living abroad go to have the fingerprints taken?

A. Military members and dependents stationed abroad can submit 2 properly completed FD-258 Fingerprint Cards taken by the Military Police, Department of Homeland Security officials or U.S. Embassy or Consulate officials.

Q. If my military installation does not use FD-258, can I submit another type of fingerprint document instead?

A. FD-258 is the preferred document used to submit fingerprint, however USCIS may be able to accept a comparable document, such as the Department of Defense SF-87, in place of the FD-258. Please contact the USCIS Military Help Line at 1-877-CIS-4MIL (1-877-247-4645) for more information.

General Information
Q. What are the criteria to have an application or petition expedited for military personnel?

A. USCIS reviews all expedite requests on a case-by-case basis. Some examples of situations that may
qualify for expedited processing include:
• Pending military deployment
• Extreme emergent situation
• Humanitarian situation
Please contact your local USCIS office or the USCIS Military Help Line at 1 877 CIS 4MIL (1-877-
247-4645) for more information.

Q. I am an active duty military member stationed abroad. How do I check the status of my application?

A. You can check their status of any application by clicking on the “Check My Case Status” link on the right-hand side of this page. Note: when checking the status of an I-751, you must use the receipt number from the ASC appointment notice. You may also call the USCIS Military Help Line at 1-877-CIS-4MIL (1-877-247-4645).

It is admirable that USCIS took the time to provide this information to those serving in the American military. Many feel that one of the positive aspects of the US immigration system is the care and attention provided to members of the Armed Services and their families.

For information about Immigration options for Thai spouses and Fiances of US Citizens please see: US Marriage Visa or Fiance Visa Thailand.

Tags: American Immigration, American Visa, Fiance Visa Thailand, Immigration US Military, US Immigration, US Marriage Visa, US Visa, USCIS Frequently Asked Questions
Posted in CR1 Visa, Fiance Visa Thailand, IR1 Visa, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K2 Visa, K2 Visa Thailand, K3 Visa, US Visa, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »

In a recent news release from the American Justice Department it was announced that a US Border Patrol Agent has plead guilty to charges that he assaulted a Mexican National and thereby violated that individual’s civil rights. To quote the press release:

U.S. Border Patrol Agent Eduardo Moreno pleaded guilty today in federal court in Tucson, Ariz., to a federal criminal civil rights charge for assaulting a Mexican national who was in his custody, the Justice Department and the U.S. Attorney’s Office for the District of Arizona announced today. Sentencing has been scheduled for Aug. 12, 2010.
The underlying incident occurred on May 10, 2006, while Moreno was on duty at the U.S. Border Patrol Processing Center in Nogales, Ariz. During the plea proceedings and in documents filed in court, Moreno admitted that while escorting the victim at the center, he kicked the victim, struck him in the stomach with a baton, threw him down to ground, and punched him, all without any legitimate law enforcement reason to use force. As a result of the defendant’s actions, the victim suffered bodily injury.

“We place a great deal of trust in federal law enforcement officers, and the Civil Rights Division will aggressively prosecute any officer who violates the rights of others and abuses the power they are given to perform their critical duties,” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division.

Moreno faces a maximum of 10 years in prison and a fine of $250,000. An additional count in the indictment of making a false statement to federal agents will be dismissed under the plea agreement. This case was investigated by agents of the FBI and the U.S. Immigration and Customs Enforcement’s Office of Professional Responsibility. The case is being jointly prosecuted by Assistant U.S. Attorney Sandra Hansen of the U.S. Attorney’s Office for the District of Arizona and Trial Attorney Edward Chung of the Civil Rights Division.

This is an unfortunate incident which some feel is symptomatic of an overall problem in the area of US Immigration. Many advocates are calling for Comprehensive Immigration Reform (CIR), if for no other reason than to clarify the finer points of US Immigration law, procedure, and regulation. Hopefully, by creating a discourse about immigration many of the problems plaguing law enforcement agencies and local communities can be adequately addressed to the satisfaction of all concerned.

This author applauds the efforts of the American Justice Department as they seek to make the rule of law binding upon individuals in the USA, government agencies, and government agents alike.

Tags: American Immigration, American Immigration law, American Justice, Arizone US Immigration, CIR, Comprehensive Immigration Reform, Department of Justice, DOJ, Justice Department, Rule of Law, US Immigration, US Immigration Arizona, US Immigration Law, US Immigration Law Arizona, US Justice Department
Posted in Comprehensive Immigration Reform, Department of Homeland Security, General Legal Information, News, USCBP | No Comments »

This blog routinely discusses issues surrounding United States Immigration Law. However, this author must admit that we often fail to mention the human side of the Immigration and visa process. At the time of this writing the United States appears to be on the verge of making radical changes to the makeup of American Immigration law. This will likely occur through Comprehensive Immigration Reform of the US Immigration and Nationality Act and other pertinent legislation. The reasons for seeking reform vary depending upon the individual or organization. That said, the following excerpt from a news story posted on Yahoo.com poignantly elucidates the human aspect of the issues surrounding Comprehensive Immigration Reform (also known as CIR):

Seven-year-old Daisy Cuevas, thrilled to see herself on television with U.S. First Lady Michelle Obama, didn’t quite understand the predicament in which she had innocently placed her undocumented Peruvian parents. “She laughed, she jumped up and down. She was excited” after the encounter at Daisy’s suburban Washington, D.C., elementary school, the girl’s maternal grandfather, Genaro Juica, told The Associated Press. The TV appearance made the pigtailed second grader a voice of the estimated 12 million immigrants living in the United States illegally — and a source of pride for Peru’s president, who visits Washington on Tuesday. “My mom says that Barack Obama is taking away everybody that doesn’t have papers,” Daisy told the U.S. first lady on May 19 at the New Hampshire Estates Elementary School in Silver Spring, Maryland. “Well, that’s something that we have to work on, right, to make sure that people can be here with the right kind of papers,” Michelle Obama replied. “But my mom doesn’t have papers,” said Daisy, a U.S. citizen by virtue of her birth. The color immediately drained from her mother’s face. She ran crying to call her parents in Lima, then went into hiding, fearful of being deported. These are tense times for people like Daisy’s mother, a maid who arrived in the United States with her carpenter husband when she was two months pregnant with Daisy. Daisy’s parents are fearful of U.S. anti-immigrant sentiment, which for many Latin Americans is epitomized by an Arizona law taking effect in July that gives police the right to demand ID papers of anyone suspected of being in the country illegally. The U.S. Department of Homeland Security has said it is not pursuing Daisy’s parents. Immigration investigations, it said in a statement, “are based on making sure the law is followed and not on a question-and-answer discussion in a classroom.” Nonetheless, Daisy’s mother asked the AP after the May 19 incident not to name her or her husband.

Many of those hoping for a “path to citizenship” for undocumented aliens in America feel that rectification of US Immigration policy can only be effected through reforming the Immigration laws. There are others who feel that the recently proposed CIR legislation does not go far enough in rectifying the inequities that currently exist under American Immigration law. A clarion call for further reform is especially noticeable from the LGBT immigration movement.

Hopefully, we will see Immigration reform soon, but in the meantime we may be able to learn something from this incident as it would appear that even children can see the “Equity Gap” that currently seems to exist in the realm of United States Immigration.

Tags: American Immigration, American Immigration law, American Visa, CIR, Comprehensive Immigration Reform, Daisy Cuevas, Department of Homeland Security, Equity Gap, lgbt immigration, Michelle Obama, US Department of Homeland Security, US Immigration, US Immigration Law, US Visa
Posted in Comprehensive Immigration Reform, Department of Homeland Security, General Legal Information, Legal Opinion, lgbt immigration, News | No Comments »

The United States Citizenship and Immigration Service (USCIS) is responsible for overseeing the United States naturalization process. Each year, many Immigrants in the United States take advantage of the ability to naturalize to US Citizenship. For some, the Naturalization test is a daunting prospect. In order to help inform the public, USCIS has provided a video on their website that can be of assistance to those looking into the naturalization process. To quote the USCIS website directly:

“The USCIS Naturalization Interview and Test was developed as an informational resource for individuals interested in learning more about the naturalization process. The 16-minute video provides an overview of the naturalization process including the eligibility requirements, the application process, preliminary steps, the naturalization interview, the English tests and the U.S. history and government test (civics). The video includes two simulated interviews between applicants and USCIS Officers. Individuals applying for naturalization may use this video as a reference tool to prepare for the naturalization interview. Teachers and volunteers can use this video to complement classroom instruction.”

Although naturalization is the most common method employed by foreign nationals seeking US citizenship. Few are aware that there is another method of obtaining Citizenship for the children of United States Citizens who did not receive Citizenship at birth. The Child Citizenship Act of 2000 provides a legal means for the minor children of United States Citizens to obtain American Citizenship.

Another interesting program for those interested in becoming United States Citizens is the expedited naturalization program for those foreign nationals enlisted in the United States military. The expedited naturalization process is a major benefit to foreign nationals and their families who choose to serve in A the United States trmed Forces.

Some are unaware that those who gained United States Lawful Permanent Residence based upon marriage are entitled to faster naturalization. For those who enter the United States and take up Permanent Residence based upon employment, the naturalization process generally takes about 5 years. However, for those married to a US Citizen the process takes 3 years from the time Permanent Residence is approved. This means that the naturalization “clock” starts running for K1 visa holders after the adjustment of status is approved. A CR1 visa holder who enters the country with conditional lawful permanent residence at entry begins accruing  presence that can be used toward naturalization at entry. This being said, a CR1 visa holder must still get a lift of conditions before they will be entitled to a 10 year “Green Card.”

For information about US Immigration from Thailand Please See: American Visa Thailand.

Tags: American Immigration, American Visa, American Visa Thailand, Child Citizenship Act, CR1 Visa, CR1 Visa Thailand, Expedited Naturalization, K1 Visa, K1 Visa Thailand, Naturalization, USCIS
Posted in Adjustment of Status, CR1 Visa, Fiance Visa Thailand, IR1 Visa, K1 Visa, K1 Visa Thailand, K2 Visa, K2 Visa Thailand, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »

The Department of Homeland Security has a broad mandate to enhance the security of the United States. In many cases, the exact tactics employed by Department personnel are kept private in order to facilitate efficient implementation. That being said, oftentimes, the Department will make statements regarding general changes in policy. The following is quoted from a recent Department of Homeland Security Press Release which has been further distributed by the American Immigration Lawyers Association:

“Department of Homeland Security (DHS) Secretary Janet Napolitano today announced that the Transportation Security Administration (TSA) will begin implementing new enhanced security measures for all air carriers with international flights to the United States to strengthen the safety and security of all passengers—superseding the emergency measures put in place immediately following the attempted terrorist attack on Dec. 25, 2009.”

This announcement is interesting to note as it illustrates the ever-evolving nature of the Department of Homeland Security’s duties. To quote the press release further:

“These new, enhanced measures are part of a dynamic, threat-based aviation security system covering all passengers traveling by air to the United States while focusing security measures in a more effective and efficient manner to ensure the safety and security of the traveling public. Passengers traveling to the United States from international destinations may notice enhanced security and random screening measures throughout the passenger check-in and boarding process, including the use of explosives trace detection, advanced imaging technology, canine teams, or pat downs, among other security measures.”

Finally, the press release went on to provide answers to questions that those within the Department felt would be frequently asked:

“Is the list of 14 countries of concern still in use?

These measures supersede the list of countries concern put in place as an emergency measure on January 3, 2010. The enhanced security measures that are going into effect are tailored to intelligence about potential threats and are focused on all passengers from all countries. They are part of a dynamic, threat based process covering all passengers traveling to the United States while focusing security measures in a more effective and efficient manner to ensure the safety and security of all those traveling by air to the United States.

Is this a weakening of the current posture system?

It’s a strengthening of the system. These new, more flexible security protocols are tailored to reflect the most current information available to U.S. authorities and are based on real-time, threat-based intelligence that will now be applied to all passengers traveling to the United States. Which countries are affected by the new directives? The security measures apply to all passengers on international flights directly to the U.S. worldwide.

What can passengers expect to see at airports?

Passengers traveling to the U.S. from international destinations may notice enhanced security and screening measures throughout the passenger check-in and boarding process which could include explosives trace detection, use of advanced imaging technology, canine teams or pat downs, among other security measures to keep air travel safe.”

Many people, including this author, sometimes forget the rather daunting task of the Department of Homeland Security. On this blog, DHS is usually only discussed in the context of US Immigration, while in many ways their job is more than simply adjudicating visa petitions (USCIS), enforcing Immigration law (USICE), and patrolling America’s borders (USCBP).

For more information about United States Immigration from Thailand please see: US Visa Thailand.

Tags: American Immigration, American Immigration Thailand, American Visa, American Visa Thailand, Department of Homeland Security, US Immigration, US Visa, US Visa Thailand
Posted in US Visa and Immigration, US Visa Thailand, USCIS | 1 Comment »

On this blog, we have previously discussed the notion of Comprehensive Immigration Reform. Many people feel that the time has come for a complete overhaul of the American Immigration apparatus. It would seem that most groups in the United States feel that a change is necessary, but no one seems to be able to agree about what kind of change needs to occur. Recently, the American Immigration Lawyers Association (AILA) made their opinion known in a press release:

“The American Immigration Lawyers Association (AILA) welcomed President Obama’s announcement that his commitment to comprehensive immigration reform is unwavering and that he would proceed with an overhaul of the immigration system this year if he could attract necessary Republican support…”

The announcement went on to list the ways in which the organization hopes to see the United States Immigration system reformed:

“AILA believes any effective, long-term solution to the immigration problem must: 1) require the undocumented population to come out of the shadows and earn legal status; 2) ensure that American businesses are able to hire the workers they need to help grow our economy while protecting U.S. workers from unfair competition; 3) reduce the unreasonable and counterproductive backlogs in family-based and employment-based immigration by reforming the permanent immigration system; and 4) protect our national security and the rule of law while preserving and restoring fundamental principles of due process and equal protection.”

Another blog post promulgated on the AILA Leadership blog was somewhat more critical of the recent Presidential announcement:

“[N]ews that Senators Schumer and Graham met with President Obama about immigration reform would have been a whole lot better if they had all committed themselves to actually rolling up their sleeves and getting to the hard work of introducing a bill, rather than just talking about one.”

There seems to be a feeling among many conservatives and liberals that the Immigration reform process is not moving forward at all and any official discussion of immigration issues simply results in political rhetoric. To quote the AILA Leadership blog further:

“True, the President reaffirmed his “unwavering” commitment to comprehensive immigration reform. But he didn’t actually commit the Administration to doing anything about it at this time. Rather, Obama’s carefully worded statement made clear that he will not likely do anything about the broken immigration system until it is politically feasible. As it stands now Congress is embroiled in a nasty partisan fight over health care reform, and not likely to be receptive to an immigration overhaul as the November election nears.”

Many have asked why this blogger writes about CIR in the USA as it will likely have little practical impact upon those seeking US Immigration benefits in Thailand. This author feels that although the family-based immigration system is unlikely to see a great deal of change, Comprehensive Immigration Reform will probably have many repercussions for those processing a visa application from Southeast Asia. If nothing else, the delays caused by processing changes could have a dramatic impact upon the process as a whole.

For further information about US Immigration from Thailand please see: US Visa Thailand.

Tags: American Immigration, CIR, Comprehensive Immigration Reform, US Immigration, US Immigration News, US Immigration Reform
Posted in US Visa and Immigration, US Visa Thailand | No Comments »

On many occasions, this author has discussed the issue of the unauthorized practice of law in the context of US Immigration. This problem has been significant in certain areas of the United States as well as abroad. Certain Immigrant groups are more susceptible to fraud than others as it can be difficult for some to decipher who is eligible to represent clients before the United States Citizenship and Immigration Service (USCIS) and other agencies under the jurisdiction of the Department of Homeland Security.

Recently, USCIS had a collaboration session to discuss the issue of unauthorized individuals practicing law. The following is a quote from a release promulgated by USCIS’s Office of Public Engagement:

“Scope of the Problem:

• The unauthorized practice of law encompasses various activities, including:

• Applying for benefits on behalf of an immigrant who is ineligible for those benefits

• Misrepresentation of facts in documents submitted to USCIS

• Accepting an applicant’s money without ever submitting any documents to USCIS (this is the hardest to track because USCIS has no record of the unauthorized practitioner or documents submitted on behalf of the applicant)

• Other examples include unauthorized practitioners who claim to be able to obtain labor certifications for employers

• Primarily a “local issue of national scale”

• Many unauthorized practitioners promise to expedite cases, and then take an applicant’s money and disappear – applicants are willing to pay more to an unauthorized practitioner than they would to a private attorney because they may believe that notary publics can provide premium services (stems from a difference between the role of notary publics in the U.S. and other countries)

• Some attorneys lend their names and bar numbers to UPL practices – these attorneys can be disciplined for failure to supervise, but there is nothing that can be done to the unauthorized practitioners

• Unauthorized practitioners sell forms through their websites and conduct phone consultations

• There are companies overseas that claim to provide assistance with the “green card lottery”

• In recent years, there has been an increase in internet-based scams

• Unauthorized practitioners include ex-government officials, including previous employees of INS, USCIS, DHS, and DOS

• Unauthorized practitioners often threaten to report applicants to USCIS or ICE when they complain about fees or lack of service

• Most serious threat is mom and pop shops that advertise with flyers and in local papers or through referrals and hand out business cards advertising themselves as notary publics or attorneys

• Applicants have an incentive to protect unauthorized practitioners because once an unauthorized practitioner is caught, all cases are reopened

• Some therapists working with U visa applicants assist clients with preparing/filing forms”

Unfortunately one of the worst consequences of hiring an unauthorized representative is that the applicant’s case may be reopened and scrutinized if it is found that they were assisted by someone without authorization to practice US Immigration law. US immigration lawyers routinely “clean up the mess” caused by those without the knowledge base or ethical standards required to represent clients in American Immigration proceedings.  For this reason, it is always prudent to ascertain at the outset if an individual is really entitled to practice law. This can be learned by asking to see a copy of the individual’s US license to practice law in the Supreme Court of one of the 50 states or a territory of the United States. A Bar Association Membership Card can also shed light on an individual’s credentials. In the case of non-profit entities, a copy of a document confirming the organization or individual’s accreditation by the Board of Immigration Appeals (BIA) may also be used to prove an ability to represent people before the Department of Homeland Security.

For those seeking advice about US Immigration from Thailand please see: US Lawyer Thailand or US Visa Thailand.

Tags: American Immigration, unlicensed practice of law, UPL, US Immigration, US Immigration Law, US Immigration Thailand, US Lawyer Thailand, US Visa, US Visa Thailand, USCIS
Posted in Legal Opinion, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »

Recently, the Immigration Policy Center issued a so-called progress report for the Department of Homeland Security. For regular readers of this blog it may be recalled that the Department of Homeland Security has jurisdiction over the United States Citizenship and Immigration Service (USCIS), the Customs and Border Protection Service (CBP) as well as Immigration and Customs Enforcement (ICE). To quote the Immigration policy center blog:

“The month of March marks the seventh anniversary of the Department of Homeland Security (DHS) and its immigration agencies. It also marks the end of a sweeping internal review ordered by Secretary Janet Napolitano, a review which as not been made public. In order to assess the first year of immigration policy under the Obama Administration, the Immigration Policy Center releases the following Special Report which compare DHS’s actions with the recommendations (Transition Blueprint) made to the Obama Transition Team’s immigration-policy group. How does DHS stack up? The following IPC report finds a department caught between the competing priorities of old broken policy and new reforms. While DHS has failed to meet key expectations in some areas, it has engaged thoughtfully and strategically in others, and has made some fundamental changes in how it conducts its immigration business.”

The report itself is quite long and provides detailed information about ways in which USCIS and DHS can improve their organization. One of the most interesting recommendations calls for a concerted plan for integrated immigrants into the tapestry of American life. To quote the report directly:

“The Administration should create a national integration strategy, establish a National Office on Immigrant Integration, and gather data on the impact of government policies on immigrants, and coordinate agency decisions that affect them.”

This report went further and advocated for certain changes in the way that USCIS handles adjudications of applications and petitions for Immigration benefits:

“USCIS must clearly articulate the principles it uses to evaluate and adjudicate individual cases, and must address the complaints of recent years that too many people are denied benefits, or subjected to repeated requests for additional evidence, because adjudicators are looking for reasons to deny rather than grant benefits. Fee waivers and discretionary waivers should be applied more broadly, particularly where individuals in proceedings have immediate family members who are U.S. citizens.”

Although this author does not necessarily agree wholeheartedly with all of the assertions in this progress report, there is no doubt that there is room for improvement in any organization and the Department of Homeland Security is no different. That being said, it is a tremendous task to ascertain where resources are most needed and allocate them accordingly. Therefore, we applaud the Department’s efforts at improve the system while encouraging DHS to continue to strive for greater efficiency tempered with a respect for the due process rights of all concerned.

For more information on this and other topics related to American Immigration please see: US Visa Thailand or K1 Visa Thailand.

Tags: American Immigration, CBP, Customs and Border Protection Service, Department of Homeland Security, DHS, ICE, Immigration and Customs Enforcement, K1 Visa Thailand, US Immigration, US Visa Process, US Visa Processing, US Visa Thailand, USCIS
Posted in K1 Visa, K1 Visa Thailand, Upcoming Legislation, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »

US Citizenship is an aspiration for many of those individuals who opt to immigrate to the United States of America. Naturalization is the legal process that foreign nationals undertake when they wish to become a US Citizen. For many the process is somewhat confusing. The naturalization process can also seem daunting as a foreign national must spend a significant amount of time any money in order to naturalize. Recently the United States Citizenship and Immigration Service (USCIS) stated that funds will be made available to assist in integrating foreign nationals into the American polity, the following is a press release from USCIS promulgated by the American Immigration Lawyers Association (AILA):

“U.S. Citizenship and Immigration Services (USCIS) announced today the availability of two different
grants designed to help prepare lawful permanent residents (LPRs) for citizenship and advance integration in the United States. This year’s program will make nearly $7 million available for citizenship education in communities across the country.”

This 7 million dollar grant shows a marked increase in funding for this initiative as this program was not as heavily funded in the past. It could be inferred that USCIS is resolved to promote Citizenship education for foreign nationals:

“’Each aspiring citizen represents a personal story of sacrifice and triumph,” said USCIS Director
Alejandro Mayorkas. “This funding will increase opportunities for English language instruction, promote the rights and responsibilities that define our nation, and provide much-needed support for individuals on the path to citizenship.’”

The funding provided in these grants will help facilitate multiple goals. All of these goals are within the context of Immigration to the United States and Naturalization to American Citizenship:

The first grant will strengthen locally-based citizenship preparation programs. The second grant will
increase the capacity of members or affiliates of national, regional, or statewide organizations to offer
citizenship services in underserved communities. USCIS expects to announce an estimated 50 award
recipients in September 2010.

When comparing this initiative to its counterpart in 2009, the difference in funding becomes glaringly obvious:

During fiscal year (FY) 2009, USCIS awarded $1.2 million in grants to 13 immigrant-serving organizations across the country. These awards are currently expanding services and outreach on U.S. citizenship, educational opportunities, and available resources to nearly 70,000 LPRs in 11 states.

That being said, USCIS’s efforts to fully integrate foreign nationals into the tapestry of Americana should be applauded as it marks a positive step. There are many who feel that naturalization makes individuals more engaged in the American way of life and provides recent immigrants with an aim and goal to pursue.

For more information about this and other US Immigration issues please see: Fiance Visa Thailand.

Tags: American Immigration, Fiance Visa, Fiance Visa Thailand, Naturalization, US Citizenship, US Immigration, US Visa, USCIS, USCIS Director
Posted in Fiance Visa Thailand, Legal Opinion, Miscellaneous, Upcoming Legislation, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »

As it is the Holiday season in the United States many families are reunited with their loved ones in order to be together during the festivities. However, there are some families who cannot be reunited in the US due to restrictions imposed by US Immigration law. Most notable among those who probably will not be re-united this Christmas are same-sex bi-national couples. Since the Defense of Marriage Act was passed in the mid-1990′s it has been virtually impossible for bi-national same-sex couples to receive US Immigration benefits even where their marriage was executed in a jurisdiction in the United States of America. In a recent blog post on the website ImmigrationEquality.org the author notes that recently proposed Immigration reform legislation does not address the issues associated with Lesbian, Gay, Bisexual, and Transgendered (LGBT) Immigration.  To quote directly from the blog:

“Earlier today, Congressman Luis Gutierrez (D-IL) introduced an immigration reform proposal in the House of Representatives that does not include lesbian, gay, bisexual and transgender families. We pushed hard for inclusion in this bill, and we are deeply disappointed. However, I want to be clear: this is not the comprehensive immigration reform package which will move through the House. And, there are many reasons to remain optimistic about our inclusion in CIR down the road.

First, it is important to note that Congressman Gutierrez remains a co-sponsor of the Uniting American Families Act (UAFA) and the LGBT-inclusive Reuniting Families Act (RFA) in Congress. In the weeks and months leading up to the introduction of the Gutierrez bill, Immigration Equality pushed for inclusion of our families. When it became clear that this was not to be, we asked for the Congressman to continue to work for an end to immigration laws that discriminate against LGBT families, and we have every expectation that he will do so.”

It is this author’s opinion that the same-sex immigration issue will likely be dealt with in the United States Courts as the United States House of Representatives and the United States Senate seems reluctant to either overturn the Defense of Marriage Act (DOMA) or pass the Uniting American Families Act (UAFA). However, this author believes that the Defense of Marriage Act is in direct violation of the 10th Amendment of the United States Constitution because DOMA overrides state prerogatives regarding what constitutes a valid marriage. From a Constitutional standpoint, this author hopes to soon see the onerous provisions of DOMA either repealed through legislation or struck down by the courts.

For more information please see: US Visa Thailand

Tags: American Immigration, American Visa, lgbt immigration, lgbt visa, same sex us visa, same sex visa, US Visa, US Visa Thailand
Posted in Legal Opinion, Upcoming Legislation, US Visa and Immigration, US Visa Thailand | No Comments »