Author: Tristan Mirasol

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Doctor “lost” his U.S. Citizenship after Renewing his Passport

Doctor Lost Citizenship after Renewing Passport
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A 62 year old doctor, born in the United States tried to renew his U.S. passport but instead lost his U.S. citizenship. This story originally was published by the Washington Post in November 2023.

Dr. Siavash Sobhani who has been practicing medicine for 30 years and is nearing retirement has always been a holder of a U.S. passport.  He also has proof through his birth certificate that he was born in the United States.  

The U.S. Department of State confirmed his U.S. citizenship by the issuance and past renewals of his U.S. passport.  His last renewal came as a surprise when he was denied issuance of a U.S. passport and was informed that he was in fact not a U.S. citizen. 

Jus Soli Not an Absolute Rule

The United States follows the jus soli principle of citizenship  where a person who is born in the United States is considered to be a U.S. citizen.  But this general rule is not absolute.  There are also classes of individuals that are exempt from the application of this citizenship rule.

Under pertinent regulations, children of high level credited foreign diplomats on the Department of State’s Blue List who are born in the United States are not United States citizens.

The rule states that a “person born in the U.S. to a foreign diplomatic officer accredited to the United States,as a matter of international law, is not subject to the jurisdiction of the United States.  That person is not a United States citizen under the Fourteenth Amendment to the Constitution.”

Who are the Foreign Diplomatic Officers?

Foreign diplomatic officers are those listed in the State Department Diplomatic List known as the “Blue List.”  These include ambassadors, ministers, charges the ‘affaires, counselors, secretaries and attaches of embassies and legations as well as members of the Delegation of the Commission of the European Communities..

Who are NOT Foreign Diplomatic Officers?

Employees of foreign diplomatic missions whose names appear in the State Department list entitled “Employees of Diplomatic Missions Not Printed in the Diplomatic List” also known as the “White List”. Also included are (1)employees of foreign diplomatic missions accredited to the United Nations Organization of American States or foreign diplomats accredited to other foreign states; (2) foreign government employees with limited or no diplomatic immunity such as consular officials named on the State Department list entitled “Foreign Consular Officers in the United States” and their staffs.

In the case of Dr. Sobhani, he was born in the United States to a parent who is foreign diplomatic officer from Iran.  When the Department of State realized this through his last submission of his application for renewal, he was denied issuance of his passport.

Rectifying the Mistake

What this means is that the U.S. government can make a mistake decades back and there is no statutory period to rectify this.  Hence, Dr. Sobhani was taken aback when the Department of State refused renewal of his passport.  In fact, he did not lose his U.S. citizenship, he actually did not have U.S. citizenship to begin with since his father was a foreign diplomatic officer not subject to the jurisdiction of the United States.

For those who were born in the United States of foreign diplomatic officer parents, you may want to examine your citizenship status.  If you are not a U.S. citizen at the time of birth and your parents were diplomatic officers as defined above, you are still entitled to reside in the United States as lawful permanent residents.  After residing in the United States as permanent residents for 5 years, you may then apply for naturalization as U.S. citizens.  This is what happened to Dr. Sobhani, he had to start applying for his lawful permanent residence and apply for citizenship after 5 years.

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Bipartisan Effort to Enhance Healthcare Workforce

Bipartisan Effort to Enhance Healthcare Workforce
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In a significant move to address the shortage of registered nurses in U.S. hospitals, Democratic Sen. Richard Durbin of Illinois introduced in the 118th Congress the Healthcare Workforce Resilience Act, garnering widespread bipartisan support. Eight Republicans, six Democrats, and one Independent joined forces to cosponsor this promising proposal.

The Healthcare Workforce Resilience Act targets the shortage by reclaiming unused employment-based visas and earmarking them exclusively for healthcare professionals. Notably, this includes 25,000 visas allocated for professional nurses and 15,000 for physicians. A crucial aspect of this initiative is that the visas granted will not be bound by country caps, offering U.S. employers the flexibility to recruit skilled international nurses from any part of the world.

To streamline the process, the proposed act mandates the Department of State (DOS) to expedite visa processing and shipping without additional charges for speedier service. This presents a significant advantage for both healthcare facilities and aspiring foreign nurses looking to contribute to the U.S. healthcare system.

Despite the promising bipartisan support, the future of the bill remains uncertain. While the bill’s strong backing is noteworthy, past legislative sessions saw earlier versions of the Healthcare Workforce Resilience Act faltering. Introduced in May 2020 and again in March 2021, both bills unfortunately met their demise in the Senate without a vote.

Stay tuned for updates on this pivotal legislation as we collectively work towards addressing the pressing healthcare workforce challenges in the United States.

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Unlocking Opportunities: Biden’s AI Executive Order and Employment-Based Immigration

Biden's AI Executive Order and Employment Based Immigration
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Greetings!

We’re excited to share insights into President Biden’s recent executive order on artificial intelligence and its potential to transform employment-based immigration in the United States. This executive order is not just about technology but also focuses on modernizing the Schedule A list, a pivotal move aimed at addressing labor shortages in high-demand sectors and enticing global talent to contribute to vital areas of the country.

Understanding the Impact of Biden’s AI Executive Order on Employment-Based Immigration

President Biden’s AI executive order (Executive Order on the Safe, Secure and Trustworthy Development and Use of Artificial Intelligence) signifies a groundbreaking step in reshaping employment-based immigration laws. A key aspect is the directive for the Department of Labor (DOL) to issue a request for information (RFI) by December 13, inviting public and expert input on “identifying AI and other STEM-related occupations.” This process marks the first significant update to the Schedule A list since 1991, promoting transparency and engagement. At the moment, included in the list are registered nurses and physical therapists.

With this Executive Order the DOL will gather public input to identify specific AI and emerging technologies-related occupation, and other sectors, lacking sufficient U.S. workers. President Biden’s order positions the nation to adapt to economic and skill demands, ensuring relevance in the evolving job landscape.

To ensure accuracy in reflecting current labor shortages and adaptability to future market changes, the DOL is encouraged to employ comprehensive labor market analytics. This data-driven approach involves analyzing unemployment rates, employment growth, wage patterns, and job vacancy rates, fostering a responsive and dynamic Schedule A list.

Beyond Filling Gaps: A Strategy for Economic Growth and Innovation

Modernizing the Schedule A list extends beyond addressing job vacancies; it’s a strategic move to drive progress and innovation in critical sectors like STEM and healthcare. Attracting international talent to these areas solidifies the US as a hub for innovation, complementing domestic contributions and fostering economic growth.

Conclusion:

President Biden’s AI executive order marks a crucial step in reshaping the employment-based immigration landscape, offering predictability and flexibility aligned with current economic conditions. However, a comprehensive approach to modernizing employment-based immigrant visa categories is essential to prevent prolonged wait times for foreign workers. This holistic strategy ensures the United States remains a competitive destination for global talent, propelling economic growth and innovation.

Best regards,
Tancinco Law

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Understanding Visa Retrogression

Understanding Visa Retrogression
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The Department of State (DOS) puts out a monthly document called the Visa Bulletin. It tells people when they can apply for green cards. The dates in the Visa Bulletin are like deadlines. They are based on how many green cards are available each year and where people are from. There are different categories for getting green cards, like for work or family.

In the Visa Bulletin, there are two lists for each category: one for when you can start applying and another for when you can finish the application. The U.S. Citizenship and Immigration Services (USCIS) looks at these lists to decide when you can send in your green card application. If there are enough green cards, you use the “Dates for Filing Applications” list. If not, you use the “Application Final Action Dates” list. It’s like waiting for your turn.

Usually, the dates in the Visa Bulletin either move ahead or stay the same every month. But sometimes, a date that was okay for applying one month might not be okay the next month. This is called “visa retrogression.” It means you must wait longer to apply for a green card.

Why does visa retrogression happen?

Each month, DOS estimates how many visas will be available in each category. DOS uses different factors to estimate available immigrant visas, including how many applications will likely be approved, how many people have a priority date in more than one category, and how many related family members will receive a green card with the main applicant. Sometimes, the demand for visas is greater than the number of visas that are available. In these cases, the DOS revises its previous estimate and uses an earlier “cut off” date to ensure that more visas are not issued than allowed.

What if my visa category retrogresses?

You will not lose your place in line and your priority date will not change. If you have already attended a visa interview or applied in the United States and your priority date retrogresses, your application will remain in line until your priority date is current again. If you have not yet attended a visa interview or applied for adjustment of status, then you must wait until your priority date becomes current to take one of those steps.

If my green card application is pending and my visa category retrogresses, what can I do?

While your green card application is still being processed by USCIS, you’re allowed to stay in the United States. This is called a “period of authorized stay.” You can also ask for permission to work and travel. You can keep renewing these permissions as many times as you need.

If your I-485 application has been with USCIS for at least 180 days, you can switch to a new job in a similar field.

Your children who applied for green cards with you might still qualify to stay in the U.S. even if they turn 21, thanks to the Child Status Protection Act.

What if my priority date moves ahead in a different visa category? Can I change categories?

Yes, you can ask to switch to a different visa category. For instance, if you have a pending or approved I-140 petition for a different work-related visa category with a current date, you can ask to use that for your green card application instead. You might need to fill out an extra form called I-485 Supplement J.

If you have a family-based case with a current date in a different category, you can also ask to change your green card application to that category by sending a written request to USCIS.

It’s a good idea to talk to an immigration lawyer to see if you can use either of these options.

When will I receive my green card?

It is often hard to predict how fast or slow the dates in the Visa Bulletin will move. You’ll get your green card when your turn comes up in the Visa Bulletin. If you’re still eligible when that happens, your application will be approved. It’s like waiting for your number to be called.

We are closely monitoring the monthly Visa Bulletin and encourage you to contact our office at Tancinco Law at (415)397-0808 or 1 888-930-0808 if you have any questions. You can also schedule an appointment through our website at www.tancinco.com or email us at law@tancinco.com

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A Possible Path to Legalization: The Dignity Act’s Bipartisan Proposal

A Possible Path to Legalization The Dignity Acts Bipartisan Proposal
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In a political world marked by partisan divides, it is refreshing to hear news of a groundbreaking bipartisan proposal that holds the promise of transforming the lives of millions of undocumented immigrants in the United States. This bill called the “Dignidad (Dignity) Act of 2023”, if passed into law, is a remarkable legislative endeavor aimed at providing a clear path to lawful status for undocumented individuals, securing the nation’s borders, safeguarding American businesses, and bolstering the nation’s economy. Introduced in the U.S. House of Representatives by Representatives Maria Salazar (R-FL-25) and Veronica Escobar (D-TX-16), this legislation brings with it a ray of hope for those who have been waiting in the shadows, yearning for their immigrant status to be legalized.

A Brighter Tomorrow: The Dignity Act’s Pathway to Legal Status

The Dignity Act is a proposal that offers two distinct options for acquiring lawful status: the Dignity Status and the Redemption Program. 

To qualify for either status, applicants must complete the “Dignity Program.” This program, at its core, provides a seven-year deferred action on removal, along with employment and travel authorization. To be eligible, individuals must prove five years of continuous physical presence in the United States before the enactment of the legislation, demonstrate good moral character, pay a fine of at least $1,000, and pass a criminal background check.

Upon successful completion of the Dignity Program, applicants must choose between Dignity Status and the Redemption Program. Dignity Status grants a five-year lawful status in the United States with the possibility of renewal, offering a chance for a stable life. Meanwhile, the Redemption Program, an optional path, provides a five-year conditional status with employment and travel authorization. After fulfilling the program’s requirements, participants can apply for lawful permanent residency, securing their place in the United States.

Hope for Dreamers: A New Beginning

The Dignity Act also extends its embrace to Dreamers, individuals who were brought to the United States as children. Dreamers and DACA recipients may obtain conditional permanent resident status by meeting specific criteria, including continuous presence for three years, education, and possible military service. This act not only recognizes the contributions of these individuals but also honors their dreams and aspirations by offering a chance at legal status.

A Transformative Immigration Landscape

In addition to providing pathways to lawful status for undocumented individuals, the Dignity Act proposes significant changes to various facets of immigration law. It strives to streamline the adjudication of asylum claims, establishes Humanitarian Campuses near the border, and creates processing centers in Latin America. Furthermore, the act offers a path to citizenship for eligible TPS recipients and reduces visa backlogs, ensuring a more streamlined immigration process.

The Dignity Act also brings about pivotal changes to employment visa categories, such as the H-2A Agricultural Guest Worker Program, removing seasonal requirements and visa caps, while also ensuring pathways to lawful status for undocumented agricultural workers. The act makes E-Verify mandatory nationwide, with phased implementation to ensure employer compliance.

In conclusion, the Dignity Act of 2023 is one of those bills that, if passed into law, will benefit those who have been waiting for their immigrant status to be legalized. It is a comprehensive, bipartisan effort that not only offers a pathway to legal status but also paves the way for a more inclusive and just immigration system. 

We look forward to getting more support for this bill as it represents positive changes that could bring progress to our nation, offering renewed hope to those who have long sought the dignity and security they deserve.

Tancinco Law, P.C. will continue to update you on any developments on these types of bills. If you have any questions, you may contact us through our website www.tancinco.com or by texting us at 415 397 0808. 

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The Changing Landscape of U.S. Citizenship Tests in 2024

The Changing Landscape of US Citizenship Tests in 2024
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When President Biden assumed office, he signed an Executive Order titled “Restoring Faith in Our Legal Immigration System.”  One of the primary goals of this order was to enhance integration and inclusion by removing unnecessary barriers to U.S. citizenship. If you recall, the citizenship test underwent a complex transformation during the prior Trump administration, which prompted the Biden administration to reinstate the 2008 version of the test. Now, the U.S. Citizenship and Immigration Services (USCIS) is gearing up for a significant makeover of the citizenship test, set to launch in 2024.

But has the Biden administration truly addressed the citizenship barrier with the redesigned test? The answer may surprise you. As it stands, the U.S. citizenship test is in the process of being overhauled, and the proposed changes are making it more challenging for applicants to pass.

The Current Citizenship Test: A Refresher

Introduced in 2008, the current evaluation of English and civics knowledge for naturalization follows a multi-year collaboration with stakeholders and education experts. It includes answering basic questions during the naturalization interview, an oral civics test where an applicant must correctly answer 6 out of 10 questions (selected from a pool of 100), and reading and writing dictated sentences. The material for the test is readily available for study, and applicants can prepare for it in advance.

Major Changes Proposed: The Redesigned Test

The USCIS is considering three significant changes to the citizenship test:

1. Multiple Choice Civics Exam

The redesign suggests replacing the current oral civics questions with a multiple-choice format. To illustrate the difficulty, let’s take a look at a sample question: Current Question: Name one war fought by the United States in the 1900s. (Answer: “Gulf War”)

Redesigned Multiple-choice Version:

  • A. Civil War
  • B. Mexican-American War
  • C. Korean War
  • D. Spanish-American War

The twist? The applicant must know all five wars in the 1900s that could be acceptable answers and identify that the distractors provided are incorrect, as they are answer options for a different civics question about wars in the 1800s.

Bill Bliss, a civic educator from Massachusetts, highlights that the new test focuses more on test-taking skills than actual civics knowledge. It introduces plausible distractors to complicate the process, making it more challenging to prepare for and likely measuring test-taking skill as much as civics knowledge.

2. Picture-Based English Test

Instead of evaluating English proficiency during the naturalization interview with basic questions, the USCIS is proposing a new English exam where applicants describe a scene from a picture displayed on a screen. This approach leaves room for varied interpretations and could be subject to the adjudicator’s discretion, potentially leading to denial or unnecessary retesting.

3. Separate Examinations

Additionally, the USCIS is suggesting that the test be administered separately from the naturalization interview. This change introduces an extra step and additional processing time for those seeking naturalization.

When Will This Redesigned Test Be Implemented?

In December 2022, the USCIS published a rule in the Federal Register announcing trial tests for the new civics and reading exams. These tests are currently being conducted with the assistance of volunteer community-based organizations working with immigrant English language learners and green card holders preparing for naturalization. The USCIS will make a decision about implementing the new testing structure in 2024 based on the results and feedback from these pilot tests.

While the redesigned test is not yet in effect, it’s prudent to consider applying for naturalization sooner if you’re already eligible. Waiting might mean facing a more challenging citizenship examination down the road.

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Celebrating Filipino American History Month: Embracing Our Heritage & Culture

Celebrating Filipino American History Month: Embracing Our Heritage & Culture
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In 2009, U.S. Congress passed House Resolution 780 recognizing the celebration of Filipino American History Month in October commemorating the first recorded presence of Filipinos in the United States at Morro Bay, California on October 18, 1587. On this day, Luzones Indios, native Filipino sailors conscripted into the Spanish navy for labor during the Manila-Acapulco galleon trade, came ashore from the Spanish galleon called Nuestra Senora De Esperanza.

Celebrating Filipino American History Month (FAHM) is about more than just marking a date on the calendar; it’s a vibrant tapestry of history, pursuits, accomplishments, and an enduring legacy. This annual event serves as a bridge connecting Filipinos in the United States to their counterparts in the Philippines. It is an occasion to proudly display our shared culture and heritage, reinforcing the ties that bind us across the seas.

While 1587 was the birth of Filipino presence in the United States, waves of Filipino immigration have swept across the nation since 1898. Early immigrants toiled as agricultural workers, laying the foundations for their compatriots who followed. Subsequent waves saw Filipinos diversifying into various sectors such as education, healthcare, hospitality, and manufacturing. Today, the Filipino community has excelled in fields ranging from business and sports to politics, entertainment, entrepreneurship, performing arts, and even the military.

With a staggering 4.4 million Filipinos in the United States, states like California, Hawaii, Texas, and others host significant populations. In fact, Filipinos are now the third largest ethnic Asian group in the United States.

On October 1, 2023, President Biden extended a heartfelt greeting to Filipino Americans, acknowledging their indelible contributions to the fabric of American society:

“As educators, entertainers, entrepreneurs, healthcare workers, lawyers, service members, chefs, and much more, Filipinos and Filipino Americans have been instrumental in shaping the American dream. They’ve helped build our great nation while cherishing their roots, weaving the vibrant heritage and rich culture of the Philippines into the tapestry of our nation. Filipinos and Filipino Americans exemplify the very best of our country, prioritizing service over self and strengthening the bonds that unite us as Americans.”

So, how can you partake in the celebration of Filipino American History Month?

  • Join Organized Celebrations: Many cities and states host sponsored events organized by Filipino American community groups and businesses. For instance, in San Francisco, the Filipino American Arts Exposition (FAAE) is joining hands with San Francisco Mayor London Breed and the City and County of San Francisco for a spectacular FAHM celebration on October 26, from 5:30 p.m. to 8:00 p.m. at the San Francisco City Hall Rotunda. Similar events are sprinkled throughout various states and cities with thriving Filipino populations.
  • Discover Filipino American Artists: Filipino American artists have significantly impacted American culture in art, music, literature, and more. Embrace FAHM by experiencing their creative genius. Watch a Filipino Broadway show like “Here Lies Love” or find a Filipino movie available for streaming online. Consider visiting a museum to admire the works of Filipino artists. In San Francisco, the De Young Museum is currently showcasing 883 works by talented Bay Area artists, including the exceptional creations of Filipino artists Abel Manalo and Michelle Bond.
  • Visit Your First-Generation Family Member: If grand celebrations or museum outings aren’t your cup of tea, take a moment to appreciate and reconnect with your roots. Visit, call, or send a heartfelt text to your first-generation family member who was responsible for petitioning your family’s journey to the United States. It could be your parents, grandparents, or siblings who made it possible for you to thrive as a second or third-generation immigrant. A simple gesture of gratitude can go a long way in recognizing their invaluable contribution to your success.

In essence, Filipino American History Month is a celebration of resilience, cultural richness, and the enduring spirit of a community that has thrived in the United States for centuries. It’s an invitation to explore, appreciate, and pay homage to the Filipino heritage that enriches  America as a nation of immigrants. Join in the festivities, support the arts, and reconnect with your roots to make this month-long celebration truly unforgettable.

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Public charge rule: One step closer to being overturned

Public charge rule: One step closer to being overturned
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The Senate passed a resolution on May 17, 2023, to overturn the Biden administration public charge rule which made it more difficult for immigrants to obtain legal status if they used certain public benefits.

The resolution, which was sponsored by Senator Roger Marshall (R-KS), passed by a vote of 50-47. 

Two Democrats, Joe Manchin of West Virginia and Jon Tester of Montana, joined all 50 Republicans in voting for the resolution.

The resolution now moves to the House of Representatives, where it is expected to pass. 

If it is passed by the House and signed into law by President Biden, the public charge rule will be overturned.

Why this matters for aspiring permanent residents

The overturning of the public charge rule would be a major victory for aspiring permanent residents. 

The rule made it more difficult for immigrants to obtain legal status if they used certain public benefits, such as food stamps, Medicaid, and housing assistance. This disproportionately impacted low-income immigrants, who are more likely to use these benefits.

The overturning of the public charge rule would make it easier for low-income immigrants to obtain legal status. This would allow them to come out of the shadows and contribute more fully to the US economy and society.

What can you do to help?

If you are an aspiring permanent resident, there are a few things you can do to help ensure that the public charge rule is overturned.

  • Contact your elected representatives and urge them to support the resolution to overturn the public charge rule.
  • Sign petitions and join rallies in support of overturning the public charge rule.
  • Educate yourself and others about the public charge rule and its impact on immigrants.

If you need guidance on seeking permanent residence and working around this rule until it is overturned, reach out to your trusted immigration lawyer.

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USCIS’ diversity policy: Good news for aspiring immigrants

USCIS’ diversity policy - Good news for aspiring immigrants
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The USCIS has released in April its Diversity, Equity, Inclusion, and Accessibility (DEIA) Strategic Plan, a welcome development for anyone who works with and within the department.

Here are the details that you need to know about the USCIS’ promises:

  • Leadership Engagement: Leaders within the USCIS will have to model DEIA consistently
  • Diversity: USCIS plans to attract and build a representative workforce at all levels of the organization by recruiting from a diverse pool of candidates and creating a welcoming and inclusive workplace
  • Equity: USCIS aims to foster an equitable workplace to ensure employees have the resources they need to succeed by eliminating discrimination and harassment, providing fair pay and benefits, and creating a culture of respect and inclusion
  • Inclusion: USCIS sees nurturing a culture that prioritizes inclusivity and belonging by valuing the unique perspectives of all employees and promoting a sense of belonging and community
  • Accessibility: USCIS sets the goal of modernizing infrastructures to build and sustain an accessible environment—physically, mentally, and technologically.

Why is DEIA good news for aspiring immigrants?

DEIA is good news for aspiring immigrants because it can help to create a more welcoming and supportive environment for them. 

A more diverse and inclusive workplace can be a more welcoming place for immigrants, as they will be able to see themselves represented in the workforce. 

A more equitable workplace can also be a more welcoming place for immigrants, as they will be treated fairly and justly, regardless of their background.

Knowing this policy goes a long way. 

If you know anyone who faced discrimination in their application process, make sure to refer to the USCIS’ own policies. 

You can also reach out to your trusted immigration lawyer for advice.