Integrity Legal

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 »

In recent weeks we have discussed the possibility that Comprehensive Immigration Reform may be in the offing. However, legislation of this magnitude is unlikely to be passed quickly. With that in mind, many different organizations have chimed in with their opinion about Comprehensive Immigration Reform.

Recently, Secretary Napolitano of the Department of Homeland Security conducted a USCIS stakeholders meeting and discussed Comprehensive Immigration Reform. The following is contained in a readout from a press release promulgated by USCIS and distributed by AILA:

“Secretary Napolitano stressed that the broken immigration system is a problem that has been ignored too long, and said today’s meeting was another important step forward in this administration’s efforts to work with our colleagues in Congress and representatives from law enforcement, business, labor, the faith community, advocacy groups and others to fix our current laws. She welcomed the input of the participants and emphasized the importance of continued collaboration between the Department and immigration stakeholders.”

The press release went on to note that support for Comprehensive Immigration reform comes from both parties as most lawmakers feel that change is needed. The Secretary noted her admiration for the spirit of cooperation exhibited by legislators:

“In today’s meeting, Secretary Napolitano commended the bipartisan proposal set forth by Senators Chuck Schumer and Lindsey Graham, which reflects the administration’s commitment to effective enforcement; addresses the need for improved legal flows for families and workers; and offers a firm but fair path to citizenship for those who are already in the United States.”

President Obama has made statements in support of Immigration reform and the Secretary voiced her willingness to work with the President and lawmakers as solutions to the immigration problems are sought:

“Secretary Napolitano looks forward to continued work with President Obama, Senators Schumer and Graham and other Congressional partners, as well as stakeholders across the country as she continues to do everything she can to build a successful new immigration system.”

This author is intrigued to see that the there seems to be increasing support for some form of immigration reform. Although the outcome of any legislative initiative remains to be seen, there are some interest groups, particularly those supporting LGBT immigration rights, who hope to see dramatic changes to the United States Immigration system.

Hammering out a bill to address the major flaws in the current system will not be easy and there are some who believe that no immigration reform will be passed until after the mid-term congressional elections.

Tags: Comprehensive Immigration Reform, Department of Homeland Security, DHS, lgbt immigration, lgbt visa, Secretary Napolitano, US Immigration, US Visa, USCIS
Posted in lgbt immigration, same sex visa, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »

In a recent posting on the Immigration Equality.org web log, the organization described the current situation with regard to Comprehensive Immigration Reform:

With healthcare out of the way, now is the time to act!

In the last few weeks, comprehensive immigration reform has been moved forward through a series of events. Senators Schumer and Graham have met with President Obama to outline a comprehensive immigration proposal. They presented that proposal in the Washington Post, and Obama released a statement of support. The President has also met with the Congressional Hispanic Caucus about moving comprehensive immigration reform forward. Finally, the March For American last Sunday brought over 200,000 supporters to Washington, DC demanding comprehensive immigration reform.

For those with loved ones in the Immigration system, an overhaul of the current apparatus is believed to be increasingly necessary. This belief is even more acute in the LGBT community as current United States law precludes bi-national same-sex couples from being accorded that immigration benefits that are regularly provided to different-sex couples. At the heart of this issue is the Defense of Marriage Act (DOMA) which legally defines the term “marriage” as being between a man and a woman. Many in the LGBT community feel that this legislation should be repealed or thrown out by the US courts, but so long as it is the law it has a very detrimental impact upon those bi-national same sex couples who wish to receive American family based immigration benefits. The aforementioned blog post describes ways in which supporters of LGBT immigration rights can contact their representatives about Immigration reform:

“Call the U.S. Capitol Switchboard at 202-224-3121 and ask for your Representative and Senators. Tell them:

‘I urge you to support and to work to pass comprehensive immigration reform that includes the Uniting American Families Act.’

Call 3 times so you can talk to your Representative and two Senators!

If you want to speak to your representatives in person, the best time is during a Congressional Recess or on a weekend.

Congress is in recess during the following times:
• March 29 – April 9
• June 1 – June 4
• July 5 – July 9
• August 9 – September 10″

As with any legislative initiative, support must come from concerned citizens and the best way for citizens to voice their concerns is by contacting their elected representatives. Hopefully, through community action, legislative proposals such as Comprehensive Immigration Reform and the Uniting American Families Act (UAFA) the dream of a better and more egalitarian immigration system will become a reality.

Tags: Defense of Marriage Act, DOMA, Immigration Equality, lgbt immigration, lgbt visa, Same Sex Immigration, same sex visa, uafa, Uniting American Families Act, US Immigration, US Visa
Posted in CR1 Visa, IR1 Visa, K1 Visa, K3 Visa, lgbt immigration, same sex visa, Upcoming Legislation | No Comments »

Recently, this author came across an announcement that a new refugee bill was introduced in the United States Senate. Senator Patrick Leahy, a Democratic Senator from the State of Vermont, introduced the “The Refugee Protection Act of 2010.” The provisions of the Act would supplement the Refugee Act of 1980.

In another recent announcement the American Immigration Lawyers Association (AILA) discussed the ways that the proposed bill will improve conditions for American refugees. The following list of improvements was quoted directly from the AILA website:

“Increased Protections for Asylum Seekers:

• Eliminate the requirement that asylum applicants file their claim within one year of arrival.
• Protect particularly vulnerable asylum seekers by ensuring they can pursue a claim even where their persecution was not socially visible.
• Ensure fair process by requiring an immigration judge to give notice and an opportunity to respond when the judge requires corroborating evidence of the asylum claim.
• Give an applicant the opportunity to explain and clarify inconsistencies in a claim.
• Enable minors who seek asylum to have an initial interview with an asylum officer in a non-adversarial setting.
• Allow the Attorney General to appoint counsel where fair resolution or effective adjudication of the proceedings would be served by appointment of counsel.

Reforms to the Expedited Removal Process:

• Require the referral of asylum seekers to an asylum officer for a credible fear interview, and, if credible fear is found, for an asylum interview.
• Authorize the United States Commission on International Religious Freedom to conduct a new study on the effects of expedited removal authority on asylum seekers.

Parole of Asylum Seekers:

• Codify the current DHS policy that asylum seekers be considered for release (“parole”) and requires DHS to issue regulations establishing criteria for parole.
• Establish a nationwide, secure “alternatives to detention” program.
• Require changes in the immigration detention system to ensure asylum seekers and others have access to counsel, medical care, religious practice, and visits from family.

Terrorism Bar to Admissibility:

• Modify definitions in the statute to ensure that innocent asylum seekers and refugees are not unfairly denied protection as a result of the material support and terrorism bars in the law, while ensuring that those with legitimate ties to terrorist activity will continue to be denied entry to the United States.

Protection for Refugees and Asylees:

• Eliminate the one-year waiting period for refugees and asylees to apply for a green card.
• Allow certain children and family members of refugees to be considered as derivative applicants for refugee status. All such applicants must pass standard security checks.
• Authorize the Secretary of State to designate certain groups as eligible for expedited adjudication as refugees.
• Prevent newly resettled refugees from slipping into poverty by adjusting the per capita refugee resettlement grant level annually for inflation and the cost of living.”

How this bill fares in the Senate remains to be seen, but one can hope that some new measure of protection will be accorded to foreign refugees seeking asylum in the United States of America, particularly in the context of expedited removal as this can cause a great deal of suffering for many of those trying to get into the United States in order to flee persecution.

United States Immigration for Refugees is a major concern in Southeastern Asia as there are many displaced ethnic and religious groups throughout the region. In most cases, refugees come from countries such as Burma or Laos, as Thailand sees few refugees departing for America. For further information regarding American visas from Southeast Asia and Thailand specifically please see: US Visa Thailand.

Tags: Asylum, expedited removal, Refugee, refugees, The Refugee Protection Act of 2010, US Immigration, US Visa, US Visa Thailand, US Visas
Posted in US Visa and Immigration, US Visa Thailand | No Comments »

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 »

This blog regularly discusses scam artists and fly by night operators who claim to be licensed US immigration lawyers, US “visa agents”, or “immigration consultants.” However, it was has been rare to see these people brought to justice. In recent months the New York State Attorney General has been increasingly putting pressure upon these types of operators. In a recent posting on the AILA (the American Immigration Lawyers Association) Leadership Blog the writer reports that the Attorney General’s efforts are finally bearing fruit:

“The latest victory in the fight against immigration fraud and victimization was announced by Cuomo’s office on March 1, 2010. The Attorney Generals’ Office has won a court judgment of more than $3 million against a “consultant” in Queens who has targeted and defrauded immigrants. In this case, the “consultant” routinely charged a retainer of $7,000 with fees often reaching up to $15,000 per person for the promise of permanent residence. The consultant wrongly claimed that she could get permanent resident status through alleged relationships with government officials. Of course, the services were never performed and the consultant routinely refused to give refunds or return documents.”

Refusals to provide refunds when appropriate, refusals to remit documentation, an inability to complete necessary tasks, and contentions of “special influence” are all hallmarks of these types of operators as most of these activities are either unethical or illegal. Those harmed in the matter discussed above at least have been granted some measure of recompense as the AILA Leadership Blog noted:

“As a result of Cuomo’s lawsuit, the New York Supreme Court has ordered the consultant to pay full restitution to 37 families who came forward and demonstrated that they were defrauded by this consultant. An additional $2.7 million in penalties was imposed for engaging in the unauthorized practice of law and misrepresentation of services that could be performed. The consultant is also permanently restricted directly and indirectly from engaging in the business of immigration-related services.”

Hopefully, this judgment will grant some relief to those detrimentally affected by this individual’s actions. In a final quote from the Blog:

“…New York City and State continues and serves as an example for all who are committed to fighting immigration fraud and the unauthorized practice of law.”

This author could not agree more adamantly. I applaud the efforts of Attorney General Cuomo as the unlicensed practice of law is a serious issue that can have very unfortunate consequences for the “clients” of those claiming to be attorneys. As always, if seeking legal advice about any matter make certain that the person providing the advice can produce a license to practice law in the jurisdiction where they are practicing. In the case of US Immigration law, an American attorney should be able to produce a Bar Card or license promulgated by the highest court in one of the 50 United States as defined in the US Immigration and Nationality Act.

For information about US Immigration attorneys in Thailand, please see: US Visa Thailand.

Tags: Atorney General Cuomo, immigration consultant, unlicensed practice of law, US Immigration, visa agent, Visa Company
Posted in General Legal Information, US Visa and Immigration, US Visa Thailand | 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 »

United States Citizenship is a substantial benefit for many foreign nationals and naturalization is something that many Immigrants in the United States take very seriously. This author recently came upon a publication promulgated by the US Army in which information is provided regarding US Citizenship for Lawful Permanent Residents and Conditional Lawful Permanent Residents who opt to enlist in the Army. The following is a direct quote from that publication.

“Welcome to the United States Army! You are either a Lawful Permanent Resident (LPR) or a Conditional Lawful Permanent Resident (CPR) who has enlisted in the US Army. As a non-US citizen enlisting in wartime, you are eligible to apply for naturalization under Immigration & Nationality Act Section 329 on your first day of active duty, if you so desire. The Army wants you to obtain your U.S. citizenship so that you can use your skills to achieve the Army mission. Obtaining US citizenship will allow you to move into more responsible jobs, open up new career fields, and even allow you to become an officer.”

Although the US Immigration and Nationality Act provides expedited naturalization for those in the military, the United States Citizenship and Immigration Service (USCIS) is still required to adjudicate Naturalization applications. To quote the aforementioned publication further:

“The Army does not decide, however, whether you can become a US citizen. You must file Form N-400, Application for Naturalization (citizenship) with United States Citizenship & Immigration Services (USCIS), part of the US Department of Homeland Security (DHS). USCIS must process your application and decide whether it can be approved.”

This being said, all organizations concerned will strive to see that an enlisted lawful permanent resident’s application for naturalization is processed as quickly as possible.

“United States Citizenship and Immigration Services (USCIS) works with the Army to process citizenship applications during Basic Combat Training (BCT). USCIS and the Army will try to ensure that all non-citizen Soldiers take their oath of citizenship prior to or concurrent with graduation from BCT. USCIS officers are present at each of the five BCT sites on a weekly basis to collect citizenship packets, interview and test Soldiers, and administer oaths. Soldiers should bring a completed citizenship packet to BCT and be prepared to take the citizenship test there. Please note that neither USCIS nor the Army guarantees any Soldier US Citizenship, or that the Soldier will receive citizenship prior to graduation from BCT.”

Although military service does not guarantee United States Citizenship it is admirable that the United States military as well as the USCIS go to great lengths to see that naturalization applications for enlisted personnel are processed in an efficient and timely manner.

For more on American Immigration please see: US Visa Thailand.

Tags: Conditional Lawful Permanent Resident, Lawful Permanent Resident, Naturalization, US Immigration, US Military naturalization, US Visa, US Visa Thailand, USCIS
Posted in CR1 Visa, IR1 Visa, Legal Opinion, Miscellaneous, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »