The court’s ruling comes from the matter of Colmenares Carpio v. Holder which concluded that the applicant “must be under twenty-one when he or she seeks to enter the United States, not when his or her subsequent application adjustment of status is finally adjudicated.”

This result contravenes several decisions of the United States Citizenship and Immigration Service or USCIS denying applications for adjustment of status based on a K-2 visa because the applicant was twenty-one years of age or older at the time of adjudication of the adjustment of status.

To recap, the K-2 visa holder must be under twenty-one at the time he or she “seeks to enter” the US when applying for adjustment of status.

Read the full story on abs-cbnnews

Related articles by Zemanta

• U.S. Immigration Law Presentation (slideshare.net)

• The first is through the annual “green card diversity lottery,” held each year by the Department of Homeland Security, for citizens of countries that have “low rates of immigration” to the United States. Millions of people from specified countries around the world apply to take part in the lottery, but only 50,000 green cards are made available through the process. Each participant in the lottery is issued a number, the government draws about 150,000 numbers, and the people with those numbers then are allowed to apply for one of the 50,000 slots.

• The second way to gain legal entry is to be a spouse, sibling, child or parent of an American citizen or the spouse or minor child of someone who holds a green card and is willing to sponsor your entrance into the United States.

• The third is through an employer, who must complete a lengthy application process that requires proof that the has a unique skill necessary to the business.

THERE ARE other provisions of immigration law that allow people who are seeking asylum to gain legal entry into the country, but being granted asylum is an extraordinarily difficult process.

An additional number of other immigrants are admitted each year under temporary work permits and student visas, however those visas generally do not permit conversion to immigrant status, and they require the holder to leave after a specified length of stay.

And then there is the “S” visa. Essentially a free pass, the visa is awarded only to those who work for law enforcement and must be applied for by law-enforcement officials. The Mayas say immigration officials promised them the “S” visa, but then reneged.

According to immigration officials, only 250 “S” visas are available each year, and fewer than 60 were awarded in 2009.

CONGRESS last year set immigration visa limits at 700,000 for employment and family preferences, excluding refugees and those entering the country on temporary work or student visas.

In 2008, the total number of immigrants admitted to the country (excluding refugees and those on temporary non-tourist visas) tallied just under 750,000.

Source: Daily Free Man

Matt, originally from Corning and now living in Rochester, is a U.S. citizen. Heather, who met her husband in 2005 when both were students at the Elim Bible Institute in Lima, is from Hamilton, Ontario, and a Canadian citizen. They thought that once they were married, it would be simple for Heather to get her “green card” and live and work legally here with Matt until they have enough money to finish their degrees and start the family they both want.
For more than a year, they had traveled back and forth to Canada without incident until June 26 (the day before the wedding at the Royal Botanical Gardens in Burlington) when Matt told the Canadian border guards that marriage was the reason for his visit.

“I was turned away at the border,” Matt says. “I had to prove I had a means of departing and that I would return.” He hurried back to Rochester, got a letter from his boss indicating that he has a job, made a copy of his apartment lease, and purchased a return airplane ticket (even though he planned to drive home). He stayed in Canada as a visitor for several weeks before coming home to Rochester, but that’s when the couple realized living together would not be as simple as they hoped.

The U.S. and Canadian governments want to be certain that a marriage between citizens of their countries is legitimate, that the citizen spouse can support the non-citizen, and that the newcomer will not need public assistance, says Rochester lawyer Margaret Catillaz, an expert in immigration law.

Since Heather and Matt were married, both their passports have been flagged and when they visit, they are always detained for questioning. Even though she’s done nothing wrong, Heather said during a recent visit, she always feels as if she’s in trouble.

Matt and Heather just want to be together.

And money is the only thing standing in their way. It costs up to $2,000 to apply for legal resident status and complete the required procedures. And right now, neither Matt and Heather, nor their families, have the money. Heather is unemployed and Matt washes windows and cleans gutters. Rent, car payments, food — that’s all they can afford.

Read the full story on Democrat and Chronicle

On the date of the interview, the couple has to demonstrate to the USCIS officer that they intent to establish their life together. To put it in another way, the couple has to convince the USCIS Officer that the intent of the marriage is not to circumvent the immigration laws of the United States. At the interview, the USCIS Officer makes a determination regarding the validity of the marriage as well as other issues pertaining to the good moral character of the beneficiary of the greencard. If the Immigration Officer is not convinced with the statements made by the couple at the interview, the Immigration Officer has the authority to schedule the couple for a second interview which is commonly known as the Stokes interview.

A stokes interview is a very difficult interview and it is a good idea for an individual to seek legal help in such situations. This is because if the couple fails the Stokes interview and if the immigration officer makes a determination that the intent of the couple was to circumvent the immigration laws in order to obtain a greencard, the beneficiary of the petition can be permanently barred from obtaining the greencard.

During the stokes interview, the couples are separated by the immigration officer and are separately questioned in detail about their relationship, relatives, employments, travels etc. If the answers of the couple properly match perfectly, then the officer will approve the I-130 petition. However, if the answers do not match and if the officer makes a determination that the marriage between the parties is fraudulent, the Immigration Officer has the power to arrest the parties and commence deportation proceedings against the beneficiary.

Very often, couples think that they are happily married and they have nothing to worry about their immigration interview. This statement may not hold true on all occasions. This is because the burden of proof in on the married couple to show by means of preponderance of evidence that they intend to establish their life together.

In essence, if you are confronted with a second interview (stokes interview) by immigration, it would be a good idea for you to be extremely well prepared in order to avoid serious consequences such as deportation.

About Author
The author of this article, N.M. Gehi, Esq. is a practicing immigration attorney in the state of New York and Connecticut. This article is based upon his practical experiences in handling stokes interviews since many years.

For some, it’s a daunting road.

John Macharia is thinking about applying for citizenship after Christmas. The Kenyan from Duluth has lived here 10 years and his children are U.S. citizens, but he and his wife are not.

Rumors about the citizenship process abound, Macharia said. That’s why face-to-face contact with a citizenship official is helpful, he said.

“It’s always good when you hear about it from the horse’s mouth,” he said.

Joe Kernan, a community relations officer with United States Citizenship and Immigration Services in Tucker, spoke to Macharia and 20 other immigrants in Marietta on Wednesday night.

The American Legion hosted the event and will also host citizenship classes starting in January. It’s in keeping with the Legion’s goal to foster “Americanism,” said Bill Beaudin, commander of Post 29 where the meeting was held.

Kernan said the classes could come in handy. He recounted tales of citizenship tests gone wrong.

If an immigration officer asks if you will bear arms for the United States, don’t roll up your sleeves and show your arms, Kernan said, to chuckles from the immigrants in the audience.

“You need to know that means will you defend the United States,” he said.

Ling Go, originally from China and now living in Acworth, wondered if speeding tickets would hurt citizenship chances.

Not if the fines have been paid, Kernan said.

In general, crimes that indicate a lack of good moral character are the ones that will ruin a chance at citizenship, Kernan said.

Also he cautioned immigrants not to leave the country too often or for too long.  An absence of more than a year can sink a citizenship application, Kernan said. A prospective citizen must show where his loyalty is based, he said.

Esther Wilson, a U.S. citizen who lives in Marietta, attended the class on behalf of her sister, who traveled to the Philippines in May.  She has not returned because she has Typhoid fever and diabetes and has been too fragile to travel, Wilson said.

“I’m worried about her not coming back,” Wilson said.

If a person with a greencard stays outside of the United States too long, they could lose their residency and be turned away at the airport, Kernan warned.

Federal immigration officials have held a series of community meetings across the country this year to educate immigrants on common pitfalls and to demystify the process.

About 8.2 million legal permanent residents are eligible to apply for citizenship, immigration officials said.

At the Atlanta immigration office, 14,456 people took the oath of citizenship in the fiscal year that ended Sept. 30, according to Ana Santiago, a spokeswoman for USCIS. Nationwide during the year, 1.1 million people became citizens..

A new version of the citizenship test was phased in last year and became standard  Oct.1. It is intended to emphasize an understanding of fundamental concepts of American democracy and the rights and responsibilities of citizenship, more than rote learning of historical facts such as who wrote “The Star Spangled Banner.” The government has printed flash cards and exam materials for prospective citizens.

Pointing to a list of English words, Kernan told the group that those words would be scrambled into any number of variations to create sentences. They would need to read the sentence aloud, without lengthy pauses, to pass.

Everyone opened their study pamphlet to look at the words.

Understanding basic English is essential to participate in civic life in the United States, Kernan said. If an applicant fails, they can take the test again.

Kernan recalled the time an immigration officer raised his hand to administer an oath to a prospective citizen who didn’t understand and thought it was time to give a high-five.

“He was not ready,” Kernan said.

Source: AJC

Related articles by Zemanta

• H-1B demand spike may signal improving outlook for skilled pros (computerworld.com)

A: Immigrants filing applications to renew permanent resident cards, commonly known as “greencards,” need to file Form I-90 (which can be downloaded at www.uscis.gov) with US Citizenship and Immigration Services (USCIS). The form can be mailed or sent by courier to the addresses shown in the instructions. The submission also can be made on line; go to www.uscis.gov and follow the instructions for online filing of Form I-90.

Currently (as of November 2009) an application fee of $290 and a biometrics processing fee of $80 must be submitted with the application. Applicants filing paper forms should obtain money orders for the $370 total, made out to “U.S. Department of Homeland Security.” Applicants filing on line will pay the fees electronically.

All applicants will receive by mail a notice for a biometrics (fingerprint) processing appointment at a local USCIS Application Support Center and will submit any required initial evidence and documentation during that appointment.

IMPORTANT: Applicants are being instructed to take to their biometrics appointments the records of any arrests, convictions, or any other involvement in criminal matters since last being granted legal permanent resident status. Immigration and Customs Enforcement (ICE) officers have been attending these appointments and reviewing the documentation supplied by applicants. Some applicants have been detained because of the criminal records they submitted or because their names appeared as a result of an ICE investigation as having outstanding criminal warrants. Accordingly, it is IMPERATIVE that you obtain legal advice before filing your Form I-90 if you have ANY issues involving past or pending criminal proceedings anywhere in the world.

IIC can help you with the I-90 renewal filing process, as well as the application for getting a new greencard when the original has been lost, or when the card issued contains incorrect information.

NOTE: Holders of two-year conditional permanent resident cards based on marriage to a US citizen don’t file Form I-90 to remove the condition; they use Form I-751 instead.

By the way, anyone who has been a legal permanent resident long enough to be eligible for US citizenship really ought to consider applying for naturalization as soon as possible. IIC can help you with the all aspects of the naturalization application process.

For a free, confidential consultation on this or any other aspect of immigration law, visit one of our legal clinics advertised in The Emigrant.

[Source: Irish Imigrant]

Clutching a rolled-up American flag in one hand, Mahmoud Saad couldn’t stop grinning today as he sat beside 15 other immigrants in a jury box inside a Redding courtroom.

After all, the 26-year-old Egyptian Chico State University electrical engineering student had been waiting for much his life to recite the words that would make him a U.S. citizen.

But it was the special honor of leading the group in the Pledge of Allegiance earlier in the naturalization ceremony in U.S. Eastern District Court that had special meaning for Saad.

“They’re not just words, ‘With liberty and justice for all,’ ” he said prior to the ceremony in the courthouse parking lot, his four friends from Chico beside him. Each held an American flag.

The event was the first ceremony in recent memory offered by U.S. Citizenship and Immigration Services (USCIS) to be held in Redding, allowing Northern California immigrants to avoid a lengthy drive to Sacramento or San Francisco to take their citizenship oaths.

A Canadian, a Czech, two Indians, a Kenyan, seven Mexicans and three Filipinos joined Saad in taking their oath.

Each had been in the country for at least three years, living legally in the U.S. first as a permanent resident with a greencard.

“You can’t simply immigrate,” said Sharon Rummery, a spokeswoman for the USCIS.

For a nonresident to come to the country, someone — usually a parent or a spouse already in the country — must first petition for an immigrant’s greencard.

An employer can also petition for a greencard for an employee, but it’s unlikely that someone who doesn’t have at least a bachelor’s degree would be allowed in through that route, Rummery said.

Others can request asylum from their home. A judge can also grant a greencard during a deportation hearing, Rummery said.

But a few lucky ones like Saad are drawn in what’s known colloquially as the GreenCard Lottery, which is officially called the USCIS Diversity Visa Program.

Hundreds of thousands apply from all over the world, but only 55,000 immigrant visas are granted each year.

Most at Redding’s ceremony had family in the United States that allowed them into the country in the first place. Others married in.

The latter was the case for Norma Muzzall, a 37-year-old Mexican immigrant who married a Chico delivery driver named Mark Muzzall, 42.

The two now live in Corning with their two children.

“Hey, you get to vote now,” Mark Muzzall said after the ceremony.

“I know!” she said.

But first, she said, she gets to pick a political party.

“He’s a Republican and his mom’s a Democrat,” Norma Muzzall said. “They’re both trying to convince me to pick their party.”

It was America’s political process that brought Rodolfo G. Lagoc, a 73-year-old retired lawyer from the Philippines who lives in Redding down the path to U.S. citizenship.

“The freedom from want, the freedom from fear, you have peace and order,” Lagoc said.

For Saad, becoming a citizen means he at last belongs.

“I used to feel like I was a part from this place,” Saad said. “Now I feel like I am officially a part of this country.”

Reporter Ryan Sabalow can be reached at 225-8344 or at rsabalow@redding.com.

[Source: Redding]

The measure, part of the more than $40-billion Homeland Security appropriations bill, ends the “widow penalty,” which required couples to be married for two years before the surviving spouse would be eligible to apply for residency. Now, surviving spouses can apply for a greencard for themselves and their children regardless of when the U.S. citizen died or how long they were married.

There are believed to be a few hundred cases affected nationwide, including that of Dahianna Heard, whose husband was fatally shot while working for a private security contractor in Iraq; Raquel Williams, whose husband died of sleep apnea and heart problems; and Ana Maria Moncayo-Gigax, whose husband was killed in a car crash while on duty with the U.S. Border Patrol. Many are fighting deportation, and others have already been deported.

“It was just something crying out to be fixed,” said Brent Renison, who has been fighting to get the law changed since 2004. “These cases should have been approved.”

Renison had fought the case in courts around the nation, including in Los Angeles, where a judge this year ordered the Department of Homeland Security to reopen the immigration cases of nearly two dozen people who were denied green cards because of the deaths of their spouses.

In June, the federal government announced that it would suspend deportation proceedings for two years so applicants could stay in the U.S. while resolving their legal status. But Renison said that didn’t go far enough and continued to push Congress to change the law.

The bill now goes to President Obama.

[Source: LA Times]