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Citizenship and Immigration Law: An Overview. A Training for CUNY/Daily News Citizenship NOW! Call-In Volunteers April 16, 2014 9:00 a.m. to 5:00 p.m. EST. Use social media to send us your questions during the training. Use # CitizenshipNOW to join the conversation. citizenshipnow.

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Citizenship and immigration law an overview

Citizenship and Immigration Law:An Overview

A Training for

CUNY/Daily News Citizenship NOW! Call-In Volunteers

April 16, 2014

9:00 a.m. to 5:00 p.m. EST

Use social media to send us your questions during the training.

Use #CitizenshipNOW to join the conversation

citizenshipnow

@CUNYCitizenship


Call in tips and procedures

CALL-IN Tips and PROCEDURES

Presented by:

Allan Wernick Esq., Director, CUNY Citizenship Now!


Logistics for the call in

Logistics for the Call-In

Same location as last year!Guttman Community College across from Bryant Park

Monday, April 28, 2014 to Friday, May 2, 2014 from 9:00 a.m. to 7:00 p.m. 

If you haven’t submitted your bio tonight is the deadline!


About the call in

About the Call-In

Free information and referrals on range of immigration issues

Connect callers with reliable, authorized immigration service providers

NY state law prohibits non-lawyers from providing immigration advice. Remember to help us comply with the law by only providing information to callers

Confidential and anonymous

High quality - put the caller on hold and consult with one of the six supervisors assigned to be sure information provided is accurate

Make a difference in the lives of immigrants!


Call in do s and don ts

Call-In Do’s and Don’ts


Citizenship now volunteer guidelines

Citizenship NOW! Volunteer Guidelines

KeyCUNY Citizenship NOW! Volunteer Guidelines:

  • No private referrals: zero tolerance policy

  • Do not take the names of callers

  • Do not give the name of volunteers

    One supervising attorney/BIA accredited representative for each 4 to 6 call answerers.

    Supervisors will have a BLUE or RED sash on, ask them for help with challenging issues you may have!


Taking the call

TAKING THE CALL


Read the disclaimer

Read the Disclaimer

Located in “Getting Started” handout in English and Spanish

Protects you

Informs caller

Read for every call

How Can I Help You?


Sample information gathering

Sample Information Gathering

Questions for some callers:

Immigration benefit you are interested in?

Date of first entry into United States?

How did you enter the United States?

  • Examples: With green card? Temporary Visa (tourist, student, business)? Crossed border without inspection? Refugee?

    What is your current immigration status?

  • Examples: Green card? Temporary Visa (tourist, student, business)? Undocumented? Asylee or Refugee? TPS?

    Jot down for discussion with the Supervisor


Questions for callers interested in naturalization

Questions for Callers Interested in Naturalization?

50% of the Questions received are on Citizenship. Be prepared!

See Section 1 of Training Manual for Naturalization eligibility requirements and Red Flags

See Section 2 of Training Manual to see if the caller may already be a citizen


Questions for callers cont d

Questions for Callers – CONT’D

Have you ever been ordered deported/removed?

Have you ever been arrested?

Do any of your family members have immigration status?

  • Spouse? Parents? Children?


Providing information to callers

Providing Information to Callers

Consult with the Supervisor about the information to be provided to the caller

Use your Call-In Training Manual to explain the eligibility criteria


Resources available

Resources Available

  • Raise your question mark sign!

  • Supervising attorneys/BIA accredited representatives wearing the sash will come to you to help

  • Call-In Training Manual

  • Answering FAQs


End of the call referrals

End of the Call: Referrals

List found in Training Manual; SECTION 11

REMINDER:

Do not take names or phone numbers of callers

Do not give callers your name or number, but you can provide referral to your authorized immigration legal services office

Private Attorneys – City Bar Referral Panel and AILA Lawyer Search service

Provide referral to an authorized immigration legal services provider that handles cases like the caller’s


Manage the caller s expectations

Manage the Caller’s Expectations

We try our best to include up-to-date information on free or low-cost organizations for referrals, but remind the caller:

  • Each organization has their own intake procedures;

  • Organizations may have a waiting list for appointments;

  • Their services may change due to funding or staffing;

  • Appointments may not be available immediately.


Reporting immigration scams

Reporting Immigration Scams

Many callers may indicate they have been a victim of immigration fraud by individuals or immigration service providers who represent themselves to be attorneys or who provide legal advice when they are not licensed or accredited by the Board of Immigration Appeals (BIA)

Report scams confidentially to:

  • NY County District Attorney’s Office212-355-3600

  • NY State Office of Attorney General Consumer Help Line800-771-7755

    For more information: ww.uscis.gov/avoidscams


Information included in the manual not covered by today s training

Information Included in the Manual Not Covered by Today’s Training

  • Freedom of Information Act (FOIA) Request

  • Document Renewal and Replacement

  • CUNY In – State Tuition

  • Immigration Arrest and Detention

  • Immigration Forms and Fees, Waiting Times, Poverty Guidelines and Fee Waivers

    Refer to 2012 Call-In Training online on the Citizenship Now! YouTube channel (youtube.com/user/CUNYCitizenshipNow) for presentations on some of these topics


Family based immigration

Family Based Immigration

Presented by:

Julie E. Dinnerstein, Esq., Senior Legal Consultant, CUNY Citizenship Now!


Eligibility for lawful permanent residence green card

Eligibility for Lawful Permanent Residence (Green Card)


Focus on the family

Focus on the Family

We will focus for the next 45 minutes on qualifying family-based relationships for green card application eligibility.

However, keep in mind that many people with a qualifying family relationship, will still *not* be able to become green card holders.


Overview sometimes

Overview: Sometimes

Some U.S. citizens and some lawful permanent residents (also known as LPRs or green card holders) can sponsor some close family members some of the time.

Sometimes the family sponsorship and green card applications can be filed together, but in many – perhaps most – cases, the family sponsorship petition must be filed and a number of years will go by before the sponsored immigrant is eligible to apply for a green card.


Overview more sometimes

Overview: More Sometimes

Sometimes the sponsored family member is eligible to apply for a green card in the United States (known as “adjustment of status”).

Other times the sponsored family member is required to (or may chose to) apply for a green card from abroad (known as “consular processing”).


Overview the bad news

Overview: The Bad News

Many times, would-be green card applicants who have qualifying relationships with U.S. citizens or green card holders will not be able to obtain green cards.

Reasons for ineligibility include, but are not limited to:

  • Unlawful entry Unlawful presence

  • Unlawful work Criminal activities

  • Lack of a financial sponsor


Overview the not so bad news

Overview: The Not-So-Bad News

Some barriers, but not all, to successful green card applications, may be overcome through:

Waiver applications

or

By applying from abroad (consular processing) instead of applying from in the United States (adjustment of status).


Case study

Case Study

Sandra first came to the United States when she was four years old. After finishing college, at the age of 23, Sandra married her long-term boyfriend and high school sweetheart, Brett. She soon became pregnant and gave birth to twins. Sandra’s two daughters, her husband Brett and, incidentally, her father, are all U.S. citizens.

Can Sandra get a green card?


Poll question

Poll Question

Can Sandra get a green card?


Answer

answer

Can Sandra get a green card?

E

Maybe Sandra can get a green card, but maybe not – we don’t yet know enough about Sandra’s situation.


The bottom line

The Bottom Line

Having a qualifying relationship with a U.S. citizen or green card holder is not a guarantee to obtaining a green card.


Qualifying family relationships uscs

Qualifying Family Relationships: USCs

U.S. citizens can sponsor:

Parents (USC must be 21 or older)

Spouses (although only one at a time)

Siblings (USC must be 21 or older)

Children, whether single or married, of any age.


Qualifying family relationships lprs

Qualifying Family Relationships: LPRs

Lawful permanent residents (known as LPRs or green card holders) can sponsor:

Spouses (although only one at a time)

Unmarried children of any age.


What is a qualifying marital relationship for family sponsorship

What Is a Qualifying Marital Relationship for Family Sponsorship?

Must be a legal and valid marriage in the place where the marriage takes place.

Cannot be for the purpose of obtaining an immigration benefit.

Cannot be a bigamist or polygamist marriage.


Who is considered someone s child for immigration purposes

Who Is Considered Someone’s “Child” for Immigration Purposes?

Generally under 21, but . . .

  • certain persons may be considered in the “child” category at 21 or over, under the Child Status Protection Act;

  • depending on the immigration benefit sought, there may be age cut-offs at 14, 16, 18 or as late as 25.

    Some (but not all) step-parent/step-child relationships can qualify the step-child for immigration benefits as a “child.”

    Some (but not all) adoptions can qualify the adopted child for immigration benefits as a “child.”


Who is considered someone s sibling for immigration purposes

Who Is Considered Someone’s “Sibling” for Immigration Purposes?

Must share at least one parent in common.

Some (but not all) step-sibling relationships can qualify the step-child for immigration benefits as a sibling.

Some (but not all) adoptions can qualify the adopted sibling for immigration benefits as a sibling.


The details two kinds of families

The Details: Two Kinds of Families

The first kind of family, involving “Immediate Relatives” is all lumped together as one group.

The second kind of family, involving “Preference Relatives” is divided into five distinct categories conveniently labeled:

  • 1 3

  • 2A 4

  • 2B


Who is an immediate relative

Who Is an “Immediate Relative”?

“Immediate relatives” are:

Spouses of U.S. citizens (aka USCs);

Unmarried children under 21 of USCs

Parents of USCs who are 21 or over.


Who is a preference relative

Who is a “Preference Relative”?

A “Preference Relative” is:

Preference Category 1: Unmarried son or daughter who is 21 or over of USC;

Preference Category 2A: Spouse or unmarried child under 21 of an LPR (green card holder);

Preference Category 2B: Unmarried son or daughter 21 or over of an LPR (green card holder);

Preference Category 3: Married child of USC;

Preference Category 4: Sister or brother of USC 21 or over.


Tip turning 21

Tip: Turning 21

For anyone seeking to benefit from an immigration petition or application, turning 21 can change (and sometimes even end) eligibility.

However, sometimes (although by no means always) beneficiaries of pending immigration petitions and applications may maintain the same benefits and options designed for the under-21 crowd, even after they turn 21.

Any questions relating to potential maintenance (or loss) of immigration benefits after an individual’s 21st birthday should be referred to a supervising immigration attorney.


Benefit 1 to being an immediate relative

Benefit #1 to Being an “Immediate Relative”

Generally, as long as entry into the United States was lawful (non-citizen presented self to immigration officials at the border and was “admitted” or “paroled”), the non-citizen may apply for a green card from within the United States (adjustment of status).


Benefit 2 to being an immediate relative

Benefit #2 to being an “Immediate Relative”

There is no waiting on line for a turn to apply for a green card.


Preference relatives the negatives

“Preference Relatives”: The Negatives

“Preference relatives” must wait on line for years after the family sponsorship petition is filed.

Generally (although there are some exceptions), “preference relatives” who have (1) entered the U.S. unlawfully, (2) worked in the U.S. unlawfully or (3) have lived in the U.S. unlawfully are not eligible to apply for green cards from within the U.S., but must apply from abroad (“consular processing”), which leads, for many, to other bars to obtaining green cards.


Preference relatives the one benefit

“Preference Relatives”: The One Benefit

A “preference relative” can generally bring his or her spouse and children along as “derivatives.”

In other words, once a preference relative is at the front of the waiting line, the spouse (in Preference Categories 3 and 4) and children (all preference categories) of the “preference relative” also become eligible to file green card applications.


How the system works

How the System Works

Family sponsorship begins with the family sponsorship petition, Form I-130.

The I-130 is used with both “immediate relatives” and “preference relatives”.

The I-130 is used whether the family member will apply for a green card in the United States (“adjustment of status”) or apply for a green card outside the United States (“consular process”).


The role of form i 130

The Role of Form I-130

A USC or LPR files a family sponsorship petition on Form I-130 to establish that:

  • The person who wants to sponsor a family member (the “petitioner”) is a USC or LPR; and

  • The petitioner has a qualifying family relationship with the family member being sponsored (the “beneficiary”).


Form i 130

Form I-130

Form I-130 can be found at http://www.uscis.gov/i-130

Costs $420.

Filed by the person who is already a U.S. citizen or green card holder (the “petitioner”) on behalf of the family member who wants a green card (the “beneficiary.”)


A few more things to know about the i 130

A Few More Things to Know About the I-130

After an I-130 has been filed (but, before the beneficiary has a green card), a change in:

  • The petitioner’s immigration status,

  • The beneficiary’s age (from “child” to adult), or

  • The beneficiary’s marital status.

  • Does one of two things:

  • Changes the preference category (or changes a “preference relative” into an “immediate relative”, or vice versa),or

  • Kills the petition.


A few more things to know about the i 1301

A Few More Things to Know About the I-130

If the I-130 petitioner dies before the beneficiary obtains a green card, the I-130 beneficiary might (or might not) still be able to obtain a green card based on the already-filed I-130.

If the I-130 petitioner commits domestic violence against the beneficiary, there are alternate options for the I-130 beneficiary to seek a green card as a victim of domestic violence.


Case study1

CASE STUDY

Madhu, a long term lawful permanent resident (green card holder), filed a family sponsorship petition for her son, Anil, several years ago. She is thrilled because she has just learned that Anil’s “priority date” is “current” which means that it is his turn to apply for a green card. She hopes that her son, who lives abroad, will be able to apply for and complete the green card process and enter the United States by the fall. You run into Madhu and she shares this information with you along with a final piece of good news – her son Anil is engaged to Archana and his wedding is only two weeks away.

What do you say to Madhu?


Poll question1

Poll QUESTION

What do you say to Madhu?


Answer1

ANSWER

What do you say to Madhu?

B

Ummmm . . . That sounds great and all, but have Anil and Archana considered a commitment ceremony or just exchanging rings out of a Cracker Jacks box or something? If the couple marries before Anil completes his green card application process, gets approved, and comes to the United States, your family sponsorship petition is dead in the water.


How the system works for immediate relatives

How the System Works for“Immediate Relatives”

If the non-citizen is in the United States and eligible to apply for a green card from within the United States, the U.S. citizen can file the I-130 along with the non-citizen’s green card application.

If the non-citizen is outside of the United States already, or must travel outside the United States to apply for a green card, the U.S. citizen first files the I-130 and, after the I-130 is approved (currently takes about 5 months), the non-citizen begins the green card application process.


How the system works for preference relatives

How the System Works for “Preference Relatives”

The date that U.S. Citizenship and Immigration Services (USCIS) receives the I-130 serves as a placeholder on the waiting line for “preference relatives”.

This place holder is called the “priority date”.

When the beneficiary gets to the front of the line, it is said that his or her priority date is “current” which means that it is the beneficiary’s turn to apply for a green card.


How do you know when you have gotten to the front of the line

How Do You Know When You Have Gotten to the Front of the Line?

Learn how to read the receipt and approval notices from USCIS to determine your “Priority Date” – your place on line.

Then, check out the waiting line for the various preference categories each month on the State Department’s web site in a document called the “Visa Bulletin,” available at:

http://travel.state.gov/visa/bulletin/bulletin_1360.html


More about the waiting line

More About the Waiting Line

No one knows how fast or slow the waiting line will move.

People from certain countries have to wait on especially long lines.


Understand the notices sent by uscis

Understand the Notices Sent by USCIS

Receipts and approvals both are on Form I-797, Notice of Action.

A section called “Notice Type,” or “Preference Classification” indicates if the I-130 relates to an “immediate relative” or a “preference relative” and, if “preference relative,” which preference category.

A section called “Priority Date” lists, you guessed it, the “priority date” – the place on line.


Visa bulletin a snapshot

Visa Bulletin: A Snapshot


Case study2

Case study

Jean-Jaques was born in Paris on July 14, 1981.  He is a citizen of France.  He is single and has never married.  In the year 2000, his father, Claude-Francois moved to the United States and became a green card holder and remains a green card holder. Claude-Francois filed an I-130 for Jean-Jacques which was received by USCIS on December 30, 2006.

Can Jean-Jacques apply for a green card now?


Poll question2

POLL QUESTION

Can Jean-Jacques apply for a green card now?


Answer2

ANSWER

Can Jean-Jacques apply for a green card now?

B

No


Case study3

CASE STUDY

Andrew is a U.S. citizen, born February 3, 1965. He filed an I-130 for his sister Karen, a citizen of the Philippines, which was received by USCIS on September 5, 1990. In 1990, Karen married Robert. On April 1, 1995, Karen gave birth to the couple’s son, Matthew. Note that Robert and Matthew, like Karen, are citizens of the Philippines, the only country where any of them have ever lived.

Who, if anyone, can now apply for a green card?


Poll question3

POLL QUESTION

Who, if anyone, can now apply for a green card?


Answer3

ANSWER

Who, if anyone, can now apply for a green card?

E

Karen, Robert and Matthew can all apply for green cards at this time.


Adjustment of status becoming a lawful permanent resident

Adjustment of Status: Becoming a Lawful Permanent Resident

Allison Baker, Esq., Staff Attorney, Immigration Law Unit, The Legal Aid Society


Different immigration statuses

Different Immigration Statuses

United States Citizen – USC

Legal Permanent Resident - LPR

Humanitarian categories: Refugee/Asylee

Non-immigrant status (visitor, student, fiancé, U, etc.)

Undocumented persons


How to become a legal permanent resident i e how to get a green card

How to Become a Legal Permanent Resident (i.e., How to Get a Green Card)


Applicable laws

Applicable Laws

Immigration and Nationality Act (“INA”)

8 Code of Federal Regulations (“CFR”)

Adjudicators’ Field Manual

Court decisions


Eligibility requirements for adjustment of status

Eligibility Requirements For Adjustment of Status

Inspected and admitted or paroled = lawful entry

Must be eligible to adjust status (residency/greed card)

Must be admissible – grounds of inadmissibility considerations

Must have an immigrant visa immediately available

Discretionary benefit – very subjective


Admission or parole

Admission or Parole

I-94 Arrival/Departure Card: White card stapled inside passport

Admitted with false passport: Will need waiver but considered admitted

Paroled for humanitarian and other purposes

Border entry that may be an admission: Regular course of business


Admissibility

Admissibility

Non-citizen must be admissible and not deportable:

Public charge – PA as main source of income

Health grounds – TB, SARS, etc. (no longer HIV)

Immigration violations/illegal entry

Criminal grounds – speak to an expert!

Terrorist grounds


Unlawful presence ulp

Unlawful Presence (ULP)

Presence in the United States after expiration of authorized stay or presence in the United States without having been admitted or paroled (Ex: Expired I-94/I-94W or presence after EWI entry)

Can trigger bars if travel outside of the United States after more than 6 months ULP (3/10 year bar) – unless you have advance parole

No ULP under age of 18

Limited waiver – can now be filed in the United States for some


Ineligible for aos

Ineligible for AOS


Ina 245 i

INA § 245(i)

A special adjustment of status that waives restricted grounds of eligibility

Expired April 30, 2001

  • Grandfathered in, if had certain family petition or labor related certification filed on or before that date


Ina 245 i1

INA § 245(i)

Initial: October 1994 - January 14, 1998

Extension: January 15, 1998 – April 30, 2001

  • Physical presence on Dec 21, 2000

    Properly filed and Approvable when filed

    Benefits extend to derivative beneficiaries in preference categories

    Pay super fee of $1000


Case study4

CASE STUDY

Alicia overstays her tourist visa, which expired 4/01/2011. She now has her adjustment of status appointment based on a family based application her LPR husband filed for her 4 years ago.

Will Alicia be able to adjust her status in the United States?


Poll question4

POLL QUESTION

Will Alicia be able to adjust her status in the United States?


Answer4

Answer

Will Alicia be able to adjust her status in the United States?

A

No, because she has overstayed her permitted time and does not qualify for 245 (i).


Avenues for obtaining legal permanent resident lpr status

Avenues for Obtaining Legal Permanent Resident (LPR) Status

Family based immigration

Employment based immigration

Self-petitions

Diversity lottery

Registry

Humanitarian entrants


Family based

Family-Based

  • Step 1: Petitioner establishes qualifying relationship

    • Form I-130

  • Step 2: Beneficiary submits application to adjust status

    • Form I-485


Relatives immediate versus preference

Relatives: Immediate Versus Preference

Immediate Relatives:

  • Spouses of USC

  • Children of USC (unmarried and under 21)

  • Parents of USC (21 and over)

    Preference Relatives:

  • 1st = Sons & Daughters of USC (21 and over, unmarried)

  • 2A = Spouses and Children (under 21, unmarried) of LPR

  • 2B= Sons & Daughters of LPR (21 and over, unmarried)

  • 3rd = Sons & Daughters of USC (any age, married)

  • 4th = Siblings of USC


Visa bulletin priority dates

Visa Bulletin – Priority Dates


Case study5

CASE STUDY

Jessica came to the United States on a student visa. Last year she married John, a legal permanent resident, who filed for her status on an I-130. The application was filed two months ago and just approved this week.

Can Jessica adjust status?


Poll question5

POLL QUESTION

Can Jessica adjust status?


Answer5

ANSWER

Can Jessica adjust status?

D

No, because she has to wait for the visa category to be current


Adjusting status vs consular processing

Adjusting Status vs. Consular Processing

“Adjustment of Status” – Process of applying for a green card while living in the United States, without traveling abroad first

  • USCIS

    “Consular Processing” – Process of applying for green card while living outside the United States

  • USCIS

  • National Visa Center

  • Department of State

  • US Customs and Border Protection


Conditional permanent residence

Conditional Permanent Residence

Only if got green card based on marriage to a U.S. citizen or lawful permanent resident within two years or less after the date of marriage

Green card expires in two years instead of ten years.


Conditional permanent residence1

Conditional Permanent Residence

90 days before green card expires, spouses must jointly file a petition to remove the conditions

Waiver of the joint filing requirement:

  • Entered marriage in “good faith” but then divorced

  • Entered marriage in “good faith” but spouse died

  • Victim of domestic violence

  • Extraordinary circumstances


Conditional permanent residence2

Conditional Permanent Residence

Same for dependent children of the conditional resident who also received their green card through the marriage

  • Granted conditional residence

  • Need to lift their conditions as well

  • Proof of parents’ good faith marriage must be submitted


Fianc visa k 1

Fiancé Visa (K-1)

File I-129F for fiancé

  • Evidence of relationship

    Consular interview abroad

    K-1 visa in passport

    Within 90 days of arriving, must:

  • Get married

  • File for adjustment

    Conditional LPR status


Employment based

Employment-based

Step 1: Petitioner establishes qualifying relationship

  • Labor certification

  • Form I-140

    Step 2: Beneficiary submits application to adjust status

  • Form I-485


Case study6

CASE STUDY

Is Marco eligible to file for adjustment of status?

Marco Frontera paid someone to guide him across the Sonoran desert in 1990. He managed to evade border patrols and has not left the United States since his initial entry. He worked for a small resort hotel for over a decade, and they filed an application for labor certification on his behalf in March 1997. It was approved, as was an immigrant visa petition filed in 1999. He filed an adjustment of status application in the ‘Other Worker’ category when his priority date became current in March 2001, but the application was denied due to a decline in the company’s fortunes – by 2000 they could no longer afford to pay him the offered wage. His wife Ana is a Lawful Permanent Resident, and a petition she filed for him in June 2009 is now current.


Poll question6

POLL QUESTION

Is Marco eligible to file for adjustment of status?


Answer6

answer

Is Marco eligible to file for adjustment of status?

C

Yes, with proof of the labor certification from 1997


Self petitions

Self-Petitions

Widow(er) of U.S. Citizens

  • Must apply within two years of death of USC spouse

    Violence Against Women Act (“VAWA”) – Spouse/child/parent of abusive USC or LPR

    Special Immigrant Juvenile Status (“SIJS”)

  • Child (unmarried under 21)/abused, abandoned or neglected by one or both parents


Refugee and asylum

Refugee and Asylum

Before arriving = Refugee

After arriving = Asylee

Apply within one year of entering US

Changed circumstances exception

Adjust Status after one year

Can waive most grounds of inadmissibility

  • INA §209(c) – waiver

  • Except dangerous/violent crimes

  • And drug trafficking


Cuban adjustment

Cuban Adjustment

No matter how arrived

  • Asylee, B2 visitor overstay, EWI, etc.

    Adjust after one year

    Criminal grounds of inadmissibility apply


Registry

Registry

Entered before January 1, 1972 and lived in United States continuously

No evidentiary gaps of even 90 days


Adjustment of status fees

Adjustment of Status – Fees

Generally: Adjustment of Status (I-485) = $1070 (includes biometrics and EAD)

$985 (79 or older); $685 under 14 filing with parent

Additional fees for related applications: $420 for Family Petition (I-130); $580 for Employment Based Petition (I-140)

If 245(i) grandfathering is needed = $1000 extra

Fee waivers are available for certain adjustments (VAWA, U/T, SIJS, etc.)


Case study7

CASE STUDY

Let’s revisit Marco, who entered without inspection in 1990 and is seeking to apply for adjustment of status based on the petition by his wife, along with proof of that earlier filing by his old employer.

What fees does Marco have to pay for his I-485 application to be properly filed?


Poll questions

POLL QUESTIONS

What fees does Marco have to pay for his I-485 application to be properly filed?


Answer7

Answer

What fees does Marco have to pay for his I-485 application to be properly filed?

D

$2,070 (B & C combined)


Hot topics year in review

hot topics: YEAR IN REVIEW

Presented by:

Allan Wernick Esq., Director, CUNY Citizenship Now!


Defense of marriage act doma unconstitutional

Defense of Marriage Act (DOMA) Unconstitutional

USCIS and DOS now recognize lawful same-sex marriages

  • Place of marriage does not matter

    May be in a U.S. state or foreign country

    Petition or adjustment application need not be filed in state or country of marriage

    Applies to all cases where marriage is an issue: Fiancé(e), Step-children, Spouse


When does the definition of spouse matter

When Does the Definition of “Spouse” Matter?

A Review of Some Family Immigration Issues

Spousal petitions, of course

Orphans: To petition for an orphan, must be a USC age 25 or married

For citizenship acquired by birth abroad to USC: Married parents’ rules are more liberal

Fiancé(e) Rules: Same for same-sex couples 

Step-children: Marriage before child turned 18


Case study8

CASE STUDY

Mary, a U.S. citizen and Suzie, a Belgian citizen married in Belgium, a country that recognizes same sex marriage. Suzie has a daughter, Dorothy who was 16 when Mary and Suzie married.

If Mary wants to move to the United States with Suzie and Dorothy she must:


Poll question7

Poll Question

Marry in the United States.

File a petition for Suzie only because Dorothy can accompany Suzie to the United States as a derivative beneficiary.

File separate petitions for Mary and Suzie.

None of the above

If Mary wants to move to the United States with Suzie and Dorothy she must:


Answer8

ANSWER

File separate petitions for Mary and Suzie.

If Mary wants to move to the United States with Suzie and Dorothy she must:

C


Justin bieber s immigration problem

Justin Bieber’s Immigration Problem

“O-1” Visa Holder

(NOT an LPR)


Poll question8

Poll Question

Complete the sentence with the best choice:

The United States can deport Justin Bieber…

If he is convicted of driving while intoxicated by alcohol

If he is convicted of driving while intoxicated from smoking marijuana.

If he is convicted of giving away marijuana to his friends.

Because he is a dreadful singer.


Answer9

Answer

The United States can deport Justin Bieber…

C

If he is convicted of giving away marijuana to his friends.


Travel with advance parole

Travel with Advance Parole

BIA Ruling: Travel with Advanced Parole does NOT trigger unlawful presence

USCIS: The law is clear, but USCIS has mixed practice depending on kind of status (TPS and DACA) and depending on the district where you apply

In immediate relative cases, a waiver is available should USCIS push the unlawful presence bar


Case study9

Case Study

Rene entered the United States EWI, that is, without speaking to an immigration officer. He took a boat from Haiti to Miami and by evading the Coast Guard, managed to get to town where a relative met him. He came to the United States a year before the earthquake that devastated his country and USCIS granted him Temporary Protected Status and Advance Parole. He traveled to Haiti. After returning he married a U.S. citizen and applied for adjustment of status.

Of the following, which is the best answer?


Poll question9

Poll Question

He can adjust status if USCIS grants him an unlawful presence waiver.

He cannot adjust status since he first entered EWI

He can adjust status without first getting an unlawful presence waiver

Of the following, which is the best answer?


Answer10

Answer

He can adjust status without first getting an unlawful presence waiver

Of the following, which is the best answer?

C


New version of the n 400 form

New Version of the N-400 Form

Released by USCIS in February

More pages but is not “harder” to complete

Eligibility requirements to apply for naturalization are still the same

Fee is the same ($680), can still apply for a Fee Waiver


Poll question10

Poll Question

Which of the following is true about the new N-400, Application for Naturalization?

It is much harder so applicants should get their applications filed by May 2.

The fee is higher.

It takes longer to complete than the old form.

It changes the requirements to get naturalized.


Answer11

answer

Which of the following is true about the new N-400, Application for Naturalization?

C

It takes longer to complete than the old form.


Changes to the n 400 form

Changes to the N-400 Form

Need list only the past five years of travel abroad

  • No longer required to list all dates of travel since becoming an LPR

  • Every page has 2D barcode

  • Many new questions are more specific

    WARNING: On Monday, May 5, 2014, USCIS will no longer accept older versions of Form N-400.


Immigration reform

Immigration Reform

Not this year

Republicans offering legalization with no “special path” to citizenship

Poll says undocumented immigrants care more about not being deported than citizenship

That’s news?

Possible compromise: Legalization with a path to a green card through existing channels


New york state dream act

New York State - DREAM Act

Passed State Assembly, but not Senate; Could pass anytime

If passed, will grant state financial aid to undocumented students who qualify for in-state tuition

Must have graduated from a NY State high school after attending at least two years or, have passed NYS GED exam


Naturalization eligibility and red flags

Naturalization: Eligibility and Red Flags

Presented by:

Thomas J. Shea, Esq., Senior Staff AttorneyCUNY Citizenship Now!


Eligibility to naturalize

Eligibility to Naturalize

To naturalize, a person must:

Be a Lawful Permanent Resident (LPR)

Be at least 18 years old

Establish Continuous Residence and Physical Presence

Have Good Moral Character

Speak, write and read basic English

Pass a test on U.S. History and Government (Civics)

Be willing to take the Oath of Allegiance


Can i become a u s citizen

Can I Become a U.S. Citizen?

  • Have you been a LPR for at least the last five years?

  • Did either of your parents become U.S. citizens before your 18th birthday?

  • Have you taken any trips outside the U.S. that lasted longer than 6 months?

  • Have you ever had ANY interactions with ANY law enforcement agency, voted, failed to support dependents, or failed to file a required IRS return?

  • Can you speak, read and write BASIC English and pass an examination on U.S. History and Government? (Exemptions may apply for longtime LPR’s)


Lawful permanent resident

Lawful Permanent Resident

Green card

The right to live and work permanently in the United States

Not the same as non immigrant visas like H1B, F1, J1, etc.

LPR’s CAN be (and frequently are) deported!

LPR’s cannot take part in Federal elections (as voters or candidates!) and have limits on how much time they can spend abroad


Case study10

CASE STUDY

Min-Jun obtained his green card through his employer in 2002. He has been working with the same employer ever since. He has never traveled outside the United States. His green card expired in 2012. He never applied to renew it. He is otherwise eligible to apply for naturalization.

Must Min-Jun renew his green card in order to apply for naturalization?


Poll question11

Poll Question

Must Min-Jun renew his green card in order to apply for naturalization?


Answer12

ANSWER

Must Min-Jun renew his green card in order to apply for naturalization?

B

No, because he is still a permanent resident even with an expired green card.


Travel outside the united states

Travel Outside the United States

Three separate and important concepts:

1. Continuous Residence

2. Physical Presence

3. Abandonment of LPR status


Continuous residence 3 or 5 years

Continuous Residence: 3 or 5 years?

Is the United States your principal country of residence?

Most cases: Continuously residing as a LPR for 5 years (apply 3 months before)

If the LPR has been married to and living with a U.S. citizen, continuous residence is only required for 3 years (apply 3 months before, BUT must have been married for a FULL 3 years to the same USC spouse at time of application)

LPR as battered spouse of USC: 3 years but NO requirement that they remain married or living together

Refugees, Asylees, military: Different rules apply, ask an attorney

Trips of 180 days or more (in the 5/3 years) CAN break this continuous residence…


Break of continuous residence

Break of Continuous Residence

  • Absences of more than 6 months but less than one year lead USCIS to presume the LPR disrupted continuous residence unless the LPR proves otherwise

  • An LPR who travels abroad for more than one year (365 days) has broken continuous residence

  • Can apply four years and one day after last re-entry into the United States (two years and one day if applying under special rules for spouses of U.S. citizens)

  • A participant who has otherwise broken continuous residence must wait the full (5 year or 3 year) statutory period


Abandonment of residence

Abandonment of Residence

An LPR who has traveled outside the United States for MORE THAN 365 days (1 year) may also have abandoned permanent residence

Absences of more than 1 year invalidate the green card as an entry document unless the person holds a valid re-entry document


Travel abroad and physical presence

Travel Abroad and “Physical Presence”

As well as “continuously residing” in the United States the applicant must also be “physically present” for at least half of the 5 or 3 years

They must count the number of days actually spent IN the United States (part of a day counts as a full day!)

Again: Trips of a year or more can lead to determination that applicant abandoned LPR status.

Be careful: These are separate but intertwined issues!


Case study11

Case study

When can Abena apply to naturalize?

Abena became an LPR through marriage to her LPR spouse on April 16, 2011. Her husband naturalized on April 16, 2012. They remain married and living together.


Poll question12

POLL Question

When can Abena apply to naturalize?

April 2014

April 2015

January 2015

January 2016


Answer13

Answer

When can Abena apply to naturalize?

C

January 2015


Case study12

Case study

Abubakar obtained his LPR status through his daughter on April 16, 2010. He visited his home country (Egypt) from April 1, 2012 through May 1, 2013. Since then he has not taken any trips outside the United States.

When can Abubakar apply for naturalization?


Poll question13

Poll question

When can Abubakar apply for naturalization?

January 16, 2015

April 16, 2015

May 1st, 2018

May 2, 2017


Answer14

answer

D

When can Abubakar apply for naturalization?

May 2, 2017


Same question but what if

Same question but what if…..

Abubakar has been a LPR since July 2009. In 2011, he travelled to Egypt to visit and take care of his sick mother. He returned to the United States after eight months. He has not left the United States since his return. Abubakar meets all the other requirements for naturalization.


Poll question14

POLL QUESTION

Can Abubakar naturalize?


Answer15

answer

Can Abubakar naturalize?

A

Maybe, if he has a reasonable explanation for being out for over six months.


Good moral character gmc

Good Moral Character (GMC)

Applicant must demonstrate good moral character during the 3/5 year period and up to the time they take the oath

  • Yes, people can get arrested at oath ceremonies!

    GMC is NOT just about arrests and convictions

    Other bad a//ctivities: Voting in state, federal, elections, not paying child support (even if not court ordered), IRS issues, fraudulent receipt of public benefits, not registering for Selective Service (men only!)


Gmc criminal history

GMC: Criminal History

Certain criminal convictions and acts committed within the 3/5 year period (even if there is no conviction!) may be temporary bars to naturalization and may also make you removable:

Crimes involving moral turpitude (CIMT) i.e., theft, fraud, forgery, assault and sex offenses

Controlled substance offenses (USCIS does consider marijuana a CSO!)


Gmc criminal history1

GMC: Criminal History

Certain crimes are PERMANENT bars to naturalization, USCIS calls these “aggravated felonies”, whether or not the State calls them misdemeanors

Parking tickets, disorderly conduct, and fines should not generally prevent a finding of good moral character, but a pattern of repeat minor offenses might

Some convictions – even minor ones – can make someone deportable.


Case study13

CASE STUDY

Beatriz was admitted as a LPR in 2000. In 2003, she was arrested for turnstile jumping in the New York City subway, and convicted of Theft of Services, which is a Class A misdemeanor and a Crime Involving Moral Turpitude (CIMT). She could have been sentenced to one year in jail but instead she only had to pay a fine. This is her only criminal offense. She meets all the other eligibility requirements for naturalization.

Can Beatriz apply for naturalization?


Poll question15

Poll Question

Can Beatriz apply for naturalization?


Answer16

ANSWER

No, because she is deportable for having committed a CIMT within 5 years of becoming a LPR

Can Beatriz apply for naturalization?

C


Case study14

CASE STUDY

Sherwin became a LPR on August 1st 2009. He was arrested in New York in March 2011 for possession of marijuana. On May 15th 2011 he pled guilty to Criminal Possession of Marijuana in the 4th degree, a Class A misdemeanor. This is a CSO for immigration purposes.

Can Sherwin apply to naturalize? If so, when?


Poll question16

Poll question

Can Sherwin apply to naturalize? If so, when?


Answer17

ANSWER

Can Sherwin apply to naturalize? If so, when?

D

No, because the CSO may make him deportable


Gmc taxes selective service voting child support etc

GMC: Taxes, Selective Service, Voting, Child Support, etc.

USCIS only expects you to have filed a return IF the IRS REQUIRES it.

Selective Service: Men 18-26 (except NIV’s) must register. It’s easy and free!

Deadbeat Dads/Moms: STEP UP!

Unlawful voting after 1996: “I voted for Obama” is not an excuse!


English language and u s history civics

English Language and U.S. History & Civics

Most applicants must show basic proficiency in English and U.S. civics

55/15 and 50/20 rule for the English requirement

65 years old with 20 years’ permanent residence may answer questions from a shorter list of 20 questions for the civics exam

Disability waiver (of the test and English language requirement) may be available to those who qualify


Focusing on customer service

Focusing on Customer Service

Presented by:

Ana J. Almanzar, Northeast Program Manager of Civic Engagement, NALEO Ed. Fund

John Degliuomini, Northeast Program Associate of Civic Engagement, NALEO Ed. Fund


Goals of this presentation

Goals of this Presentation

Help you connect the substance of today’s presentations with answering the phones.

Remind you about the resources available when answering calls.

Immigration law is very complicated! You won’t remember everything you learned today, so refer to the Call-In Training manual and ask the Supervisors before you provide information to callers.


Answering the call

ANSWERING THE CALL


Our purpose as volunteer phone operators

Our Purpose as Volunteer Phone Operators

Free information and referrals to quality, authorized service providers on range of immigration issues

Confidential and anonymous

Make a difference in the lives of immigrants!


Before answering the call

Before Answering the Call

Read the phone instructions!


Taking the call1

Taking the Call

Answer with a SMILE!

Disclaimer

  • Read when you pick up the phone

  • Located in “Getting Started” handouts, in English and Spanish

  • Protects you

  • Informs caller

  • Read for every call


Let s talk customer service two dimensional

Let’s Talk Customer Service: Two Dimensional

The Procedural Dimension:

Consists of the established systems and procedures to delivery our services

The Personal Dimension:

How service providers (using their attitudes, physical and non-physical behaviors, and verbal skills) interact with customers


Two dimensions of service which one am i

Two Dimensions of Service: Which One Am I?


The do s of excellent customer service

The DO’s of Excellent Customer Service:

Listening is a skill – use it!

Creation of trust

Honesty is the only policy

Cultural sensitivity

Generational differences


Tips for taking calls

Tips for Taking Calls

Remember to wear your best smile.

Listen attentively (to their stories and cultural differences).

Feel free to put person on hold.

“Let me check on that for you.”

Check the Training Manual or raise your stop sign

Don’t worry if it takes you time to look things up

We encourage you to get help when you are unsure about how to answer a question.


When encountering difficult callers communicate positively

When Encountering Difficult Callers Communicate Positively …


Ending the call

Ending the Call

Read Closing Disclaimer at the end of everycall

  • Located in “Getting Started” handout, in English and Spanish

  • Remind callers that immigration is very complicated and they should speak to an immigration attorney before filing anything with USCIS


Practice calls

Practice Calls


Call 1

Call # 1

Caller #1 says he overstayed his tourist visa in 2000. He is from Antigua. He married his wife, a USC, on March 1, 2013. He wants to know if he can get his green card in the United States.

What section of the Call-In Training Manual contains information about whether or not Caller #1 can interview in the United States?


Poll question17

POLL QUESTION

What section of the Call-In Training Manual contains information about whether or not Caller #1 can interview in the United States?


Answer18

ANSWER

What section of the Call-In Training Manual contains information about whether or not Caller #1 can interview in the United States?

B

Section 3, Lawful Permanent Residence/Adjustment of Status, which explains the process of obtaining a green card.


Call 2

Call # 2

Caller #2 has been an LPR since 2010. She married her husband, who was born in Atlanta, Georgia, in 2010 and they have lived together in Brooklyn ever since. She wants to know when she can apply to become a citizen.

What section of the Call-In Training Manual contains information about when Caller #2 can apply to become a citizen?


Poll question18

POLL QUESTION

What section of the Call-In Training Manual contains information about when Caller #2 can apply to become a citizen?


Answer19

ANSWER

What section of the Call-In Training Manual contains information about when Caller #2 can apply to become a citizen?

E

Section 1, Naturalization, because she needs information about the when spouses of US Citizens can apply.


Call 3

Call #3

What information can you give to Caller # 3?

Caller #3 has had his green card since 1996. He wants to apply to become a citizen. He mentions he has several criminal convictions – but that they are “no big deal”.


Poll question19

POLL QUESTION

What information can you give to Caller # 3?


Answer20

ANSWER

What information can you give to Caller # 3?

D

Tell him how to get certified copies of his criminal record and refer him to an immigration non-profit or to a private attorney referral service for further assistance.

See Section 11, Finding Info About Arrests


Call 4

Call #4

Caller #4 was placed in deportation proceedings for a criminal record he did not disclose on his Naturalization form. He needs an attorney to represent him at his master calendar hearing in immigration court in June.

What information can we give to Caller #4 ?


Poll question20

POLL QUESTION

What information can we give to Caller #4 ?


Answer21

ANSWER

B

Refer him to a few non-profit agencies that specialize in deportation defense on the referral list and give him information about the NY City Bar Referral Hotline and the AILA Lawyer Search website.

Section 11, Referral Lists

What information can we give to Caller #4 ?


Call in do s and don ts1

Call-In Do’s and Don’ts


Reminder

Reminder

Section 11 of the Training Manual provides referral information.

We want to provide a referral to organizations that handle cases like the caller’s.


Call 5

Call #5

What information can you give to Caller #5?

Caller #5 has been married to her husband, a U.S. Citizen, for a year. Since late last year he began physically and verbally abusing her regularly. He also began threatening to call immigration and tell them she does not have a green card. He keeps promising to file her adjustment of status application, but he spends the money drinking.


Poll question21

POLL QUESTION

What information can you give to Caller #5?


Answer22

ANSWER

What information can you give to Caller #5?

B

Refer her to a few non-profit agencies that specialize in VAWA cases on the referral list and give her information about the NY City Bar Referral Hotline and the AILA Lawyer Search website.

Section 11, Referral Lists


Call 6

Call #6

Where can she go to apply for her citizenship?

Caller #6 wants to know if she can apply to become a citizen. She has had her green card for 10 years and her son is encouraging her to become a citizen already! He has even offered to pay the filing fees. You provide information to her about the eligibility criteria for becoming a citizen and she seems to meet all the criteria.


Answer23

ANSWER

Since Caller #6 seems to be eligible for citizenship, refer her to the 2014 Citywide Citizenship Day (May 10th, 2014) where we will help her determine whether she is eligible to apply for citizenship and help her complete her application.

You can also refer her to our website at www.cuny.edu/citizenshipnow for a list of our upcoming events.


Acquisition and derivation of citizenship

Acquisition and Derivation of Citizenship

Presented by:

Jessica Peña, Esq., Immigration Legal Officer, International Rescue Committee


Purpose of training

Purpose of Training

Provide an overview on Acquisition and Derivation of Citizenship

Issue spotting

Follow up questions

Using the training manual/charts as a resource


Acquisition of citizenship

Acquisition of Citizenship

Some callers may be U.S. citizens and not even know it.

If you are a U.S. citizen, then you cannot naturalize because you are already have citizenship.


Acquisition of citizenship1

Acquisition of Citizenship

A person born outside the United States to a U.S. citizen parent (or parents) acquires U.S. citizenship at the time of birth abroad if the parent(s) meets certain requirements before the child is born.

If the parent(s) meets the requirements before the child is born then the parent(s) transmit citizenship to the child automatically at the time of birth abroad.


Acquisition of citizenship2

Acquisition of Citizenship

The requirements that the parent must meet have varied over time but relate to:

Parents’ marital status (e.g., whether the child was born in or out of wedlock)

Legitimation/acknowledgement/proof of paternity, and

Parents’ residence in the United States before the child was born.


Acquisition of citizenship3

Acquisition of Citizenship

To determine whether a child acquired U.S. citizenship at birth abroad, the statute that was in effect at the time of the child’s birth controls.

See Charts A and B in the Call-In Training Manual (Section 2) for a summary of various acquisition laws.

  • Charts A & B lay out the time periods of each law


Acquisition of citizenship4

Acquisition of Citizenship

You do not apply to “acquire” U.S. citizenship.

Instead, you apply for proof of U.S. citizenship.

  • Apply for U.S. passport or

  • Apply for Certificate of Citizenship

    You do not apply to naturalize.


Acquisition of citizenship5

Acquisition of Citizenship

The law treats children who were born “out of wedlock” differently from children who were born “within wedlock”

Chart A covers children who were born within wedlock.

Chart B covers children who were born out of wedlock.


Acquisition of citizenship6

Acquisition of Citizenship

When might this issue arise during theCall-In?

If the caller indicates that one or both parents were U.S. citizens before he/she was born.

Advise the caller to speak with an immigration law expert to see whether he/she might already be a U.S. citizen.


Acquisition of citizenship7

Acquisition of Citizenship

Children bornin Wedlock outside the United States to One U.S. citizen parent and One Foreign National Parent.

  • The U.S. citizen parent was physically present in the United States for period(s) of 5 years before the child’s birth.

  • At least 2 years while 14 or older.


Acquisition of citizenship8

Acquisition of Citizenship

Child bornout of wedlock outside the United States to a USC father and a foreign national mother:

1. Blood relationship between father and child is established,

2. Father was USC at time of child’s birth,

3. Father has agreed in writing (unless deceased) to financially support child until child turns 18, and


Acquisition of citizenship9

Acquisition of Citizenship

4.While the child is under age 18:

  • The child is legitimated,

  • The father acknowledges paternity in writing under oath, OR

  • The paternity of the child is established by adjudication of a competent court


Acquisition of citizenship10

Acquisition of Citizenship

Someone born out of wedlock and outside the United States to a USC mother, the mother was:

  • USC at time of child’s birth, and

  • Physically present in the United States for a continuous period of one year before the child’s birth.


Acquisition of citizenship11

Acquisition of Citizenship

Questions to ask Callers who were born outside the United States to gather as supporting documentation to confirm whether they acquired citizenship:

  • What is your date of birth?

  • Were you born in wedlock?

  • What was the citizenship of each parent at the time of your birth?

  • Where did your parents physically reside up through your date of birth?

  • What are your parents’ dates of birth?


Acquisition of citizenship12

Acquisition of Citizenship

File Form N-600, Application for Certificate of Citizenship (12/16/12 edition)

Fee $600 (as of 11/23/10), No fee if filing for member or veteran of the U.S. Armed Forces

“U.S. Department of Homeland Security”

2 color photos of applicant taken w/in 30 days of filing application

Filed through Phoenix lockbox

Remember: If the parents complied with the pre-requisites for acquisition of citizenship, the “child” can file the N-600 any time during her/his lifetime


Acquisition of citizenship13

Acquisition of Citizenship

Walk through Chart A: Acquisition of Citizenship for Children Born within Wedlock

Walk through Chart B: Acquisition of Citizenship for Children Born Out of Wedlock


Case study15

Case Study

Esperanza was born in Puerto Rico in 1960 and was raised in Puerto Rico. In 1980, at age 20, she moved to Mexico. In 1982, she met and married Santos, a citizen of Mexico. Their child, Pedro, was born on February 16, 1989. Is Pedro a U.S. citizen?

Is Pedro a U.S. citizen?


Poll question22

Poll Question

Is Pedro a U.S. citizen?


Answer24

ANSWER

Is Pedro a U.S. citizen?

B

Yes, because Esperanza was present in the United States or it’s outlying possessions for at least 5 years before Pedro was born, 2 of which were over age 14.


Poll question23

Poll Question

Whether a person born outside the United States acquired U.S. citizenship at birth depends, in part, on whether the person was born within wedlock or outside of wedlock.

True or False


Answer25

ANSWER

Whether a person born outside the United States acquired U.S. citizenship at birth depends, in part, on whether the person was born within wedlock or outside of wedlock.

True


Case study16

Case Study

Is Olanna a U.S. citizen?

Eric, a Kenyan native, entered the United States in 1991 at the age of 10. In 2001, Eric became a naturalized U.S. citizen. He moved to South Africa in 2008 when he was 27 years old. While in South Africa, Eric met Nina, a citizen of South Africa. In February 2012, they had a daughter, Olanna. Eric and Nina never married. Is Olanna a U.S. citizen?


Poll question24

POLL QUESTION

Is Olanna a U.S. citizen?


Answer26

answer

Is Olanna a U.S. citizen?

A

Yes, but only if Eric can prove his father-child relationship with Olanna, and he provides a written statement that he’ll financially support Olanna until her 18th birthday, and he either legitimates Olanna, or acknowledges his paternity of Olanna, or paternity is otherwise determined by a court.


Derivation of citizenship

Derivation of Citizenship

A person born outside the United States might derive U.S. citizenship after birth through her/his parent or parents if certain requirements are met.

The parent(s) can transmit their citizenship to the child when they naturalize or when the child meets certain requirements.

Like acquisition, derivation of citizenship happens automatically by operation of law.


Derivation of citizenship1

Derivation of Citizenship

The Child Citizenship Act of 2000 became effective on February 27, 2001.

Anyone born on or after February 28, 1983 must meet the following requirements in order to derive U.S. citizenship through their parent or parents:


Derivation of citizenship2

Derivation of Citizenship

The child must be:

  • Unmarried,

  • Under 18

  • A lawful permanent resident (LPR)

  • Residing in the United States in the physical and legal custody of the citizen parent

    At least one parent is a USC by birth or naturalization


Derivation of citizenship3

Derivation of Citizenship

Adopted children can derive citizenship if:

  • They were adopted before their 16th birthday, and

  • Have resided with and been in the legal custody of the adoptive parent(s) for at least 2 years.

    Adopted children who qualify as orphans under immigration law can derive citizenship.

    Step-children do not derive U.S. citizenship because they are not within the definition of “child” for nationality purposes.


Derivation of citizenship4

Derivation of Citizenship

Under the Child Citizenship Act, when all qualifying events take place (regardless of order), the child automatically derives U.S. citizenship from the parent(s).

The law in effect at the time of the final qualifying “act” is what controls whether the person derives U.S. citizenship.


Derivation of citizenship5

Derivation of Citizenship

For children born out of wedlock

  • The mother must be the one who is a U.S. citizen or becomes a U.S. citizen,

    OR

  • If the father is a U.S. citizen (through birth or other means), then father must legitimate child before child’s 16th birthday.


Derivation of citizenship6

Derivation of Citizenship

Before the Child Citizenship Act of 2000, there have been various laws throughout the history of the United States controlling whether a person derived U.S. citizenship through her/his parent(s).

Look to Chart C in the Call-In Manual for the laws that were in effect before the Child Citizenship Act of 2000.


Derivation of citizenship7

Derivation of Citizenship

You do not file an application to apply to derive U.S. citizenship.

Instead, you file an application to obtain proof that you are a U.S. citizen

  • Application for a U.S. passport

  • Form N-600, Application for Certificate of Citizenship


Acquisition vs derivation

Acquisition vs. Derivation

Acquisition of Citizenship occurs at birth abroad when parent(s) fulfill certain requirements.

Derivation of Citizenship occurs after birth when child and parent(s) fulfill certain requirements.


Derivation of citizenship8

Derivation of Citizenship

File Form N-600, Application for Certificate of Citizenship (12/16/12 edition)

Fee $600 (as of 11/23/10), $550 for adopted minor child, no Fee if filing as member or veteran of U.S. Armed Forces

“U.S. Department of Homeland Security”

Two color photos of applicant taken w/in 30 days of filing application

Filed through Phoenix lockbox

Remember: If the parent(s) and child fulfilled the pre-requisites for derivation of citizenship, the “child” can file the N-600 any time during her/his lifetime


Case study17

Case Study

Gissell was born in 2000 in the Dominican Republic. Shortly thereafter her parents died in a car accident. Her aunt adopted her in 2003 and Gissell has been living in the legal and physical custody of her adoptive mother ever since. In 2006, Gissell’s adoptive mother married a U.S. citizen, who petitioned for her and for Gissell to become lawful permanent residents (LPRs). In 2007, Gissell and her adoptive mother were admitted to the United States as LPRs. In 2012, Gissell’s adoptive mother naturalized and became a U.S. citizen. Did Gissell derive U.S. citizenship?

Did Gissell derive U.S. citizenship?


Poll question25

Poll qUESTION

Did Gissell derive U.S. citizenship?


Answer27

ANSWER

Did Gissell derive U.S. citizenship?

B

Yes. Gissell derived U.S. citizenship in 2012, when her adoptive mother naturalized, because adopted children can derive U.S. citizenship.


Case study18

Case Study

Reza was born in wedlock in October 1990. In 1998, at the age of 8, Reza and his family came to the U.S. as refugees. In 1999, Reza and his parents became lawful permanent residents. In 2002, Reza’s parents separated and Reza continued to live with his mother, who had sole legal custody. In 2009 his mother naturalized.

Did Reza derive U.S. citizenship when his mother naturalized in 2009?


Poll question26

POLL QUESTION

Did Reza derive U.S. citizenship when his mother naturalized in 2009?


Answer28

answer

Did Reza derive U.S. citizenship when his mother naturalized in 2009?

C

No, because his mother naturalized after Reza’s 18th birthday.


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