Tag: citizenship

Categories
Updates

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

The Changing Landscape of US Citizenship Tests in 2024
Share this:

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.

Categories
Updates

Citizenship, naturalization, and adopted children: The USCIS makes a clarification

Citizenship, naturalization, and adopted children: The USCIS makes a clarification
Share this:

The USCIS on April 21 announced an update on its policy manual to clarify guidance regarding the application of citizenship and naturalization provisions on adopted children.

This includes:

  • The requirements for adopted children to meet the definition of a child for citizenship and naturalization purposes, including having an adoption that is considered full, final, and complete for immigration purposes;
  • The eligibility for US citizenship for adopted children who reside in the United States and how to obtain a Certificate of Citizenship;
  • The eligibility for US citizenship for adopted children who reside outside of the United States and how to apply for citizenship and issuance of a certificate; and
  • The guidance on the acquisition of citizenship and naturalization when an adoption is disrupted or dissolved.

This update does not mean any change for the requirements for adopted children to become US citizens.

Need help with naturalization? Reach out to your trusted immigration lawyer.

Categories
Updates

Making sense of the big immigration backlog problem

Making sense of the big immigration backlog problem
Share this:

The immigration backlog of the United States continues to rise at dizzying rates, resulting in migrants having to wait for years before getting any resolution for their cases. 

There are even stories of migrants dying before their visas, work permits, green cards, and naturalization petitions reached a resolution.

According to data tracked by the Syracuse University, unresolved cases are about to hit 2 million.  Common sense as confirmed by reporting indicates that the backlogs spiked because of the pandemic, but with the US relaxing COVID measures, the backlog continues to grow.

A factor to emphasize is that in the entirety of the US, there are only 600 immigration judges to rule on these cases. Many of these judges handle up to 4,000 cases each.

If the country had unlimited resources and law professionals, an easy solution would be to hire more judges – but that is not the case. This is why experts have been calling for prioritization: that the cases that need to be resolved more urgently.

Of the almost 2 million people waiting in the backlog, some 750,000 are asylum-seekers. These migrants are placed in a tight spot because the US only allows for 180-day work permits after the filing of an asylum petition, forcing many to work illegally.

While the government has enacted policies to help in reducing the backlog, such as making it easier for migrants with advanced STEM degrees, these have so far been insufficient.

The US needs to respond to this urgent problem as more migrants enter the country, the situation exacerbated by conflict in the Middle East and more recently in Ukraine.

To make sense of the backlog and find alternate paths to citizenship, reach out to a trusted immigration lawyer.

Categories
Updates

Pathway to Citizenship Gaining Momentum

Pathway to Citizenship Gaining Momentum
Share this:
Congress Passes Budget Resolution Paving Way to Legalizing Certain Immigrants

On August 24, 2021 the U.S. House of Representatives passed the Budget Resolution on a 220-212 vote allowing a budget reconciliation bill to move forward in Congress. The budget resolution includes over $100 billion to support legalization programs for Dreamers, recipients of Temporary Protected Status, essential workers, and other eligible immigrants, as well as other reforms to the immigration system.

Both the House and the Senate instructed their respective Committees to draft reconciliation legislation including language that will provide a pathway to citizenship for eligible unauthorized immigrants.

A stand-alone bill to be passed in Congress requires a majority vote of the House of Representative and the usual 60 vote threshold in the Senate. With a politically charged immigration issue on the legalization of millions of undocumented, it may take a while before an immigration bill is passed into law. But a “reconciliation” process allows a simple majority to pass certain types of legislation evading a Senate filibuster. And since the current Senate is split 50-50 and the Vice President, who casts the tie breaking vote is a Democrat, a reconciliation bill could pass without any Republican support.

The immigration provisions on the budget reconciliation bill may not be the comprehensive immigration reform bill that has been anticipated for many years. While the language of the bill is still being drafted, nothing definite is to be expected but it is likely that certain categories of immigrants (basically the Dreamers, recipients of Temporary Protected Status, “essential” workers), may benefit from the immigration provisions of the budget reconciliation bill.

The “Dreamers” are the undocumented immigrants who came to the U.S. in 2019 or earlier, at 17 years or younger and are either in school or have completed the equivalent of a high school diploma. “Essential Workers” include those engaged in industries defined as “essential” by the U.S. Department of Homeland Security. The industries that essential workers support represent, but are not limited to, medical and healthcare, telecommunications, information technology systems, defense, food and agriculture, transportation and logistics, energy, water and wastewater, and law enforcement.

A final vote on the final Budget Reconciliation bill is expected in the coming weeks.

For further information, please contact Tancinco Law at www.tancinco.com, law@tancinco.com or by calling 1 888 930 0808.

Categories
Updates

Unauthorized Use of Social Security May Result in Removal

Share this:

Fernando entered the United States in 2010 without a valid visa. To be able to work in the United States, he used a social security number of another individual illegally. In 2015, he was convicted of the “use of an unauthorized social security number” in violation of federal law (42 USC 408(a)(7)(B). Later the Department of Homeland Security charged Fernando as being removable because his criminal conviction was considered as conviction of a crime against moral turpitude (CIMT). He was ordered removed by the Immigration Court as his cancellation of removal was denied. Fernando’s appeal to BIA was denied and on petition for review the 5th Circuit Court of Appeals affirmed the BIA decision.

In a similar case pending with the Supreme Court, the Pereida, a long time resident of the United States with U.S. citizen children was put in removal proceedings. He has an underlying case of unauthorized use of social security number but his criminal conviction was a misdemeanor state offense of criminal impersonation under the Nebraska criminal statute. The immigration court ordered him removed considering the conviction as a crime against moral turpitude. BIA affirmed the immigration judge’s decision.  The case is still pending with the Supreme Court. Oral arguments were heard in October 2020 and no decision has yet been rendered.

Case to Case basis

While the two cases are similar in facts, the second case of Pereida was a state conviction while that of Fernando was clearly a federal crime. Legal arguments will be centered on whether the elements of the state crime corresponds to the federal offense listed on the Immigration and Nationality Act. 

Conviction for unauthorized use of social security number is a crime against moral turpitude and is a deportable offense. But each case is different. The underlying offenses must be analyzed on whether they clearly fall under the federal offense grounds for removal. Also, legal counsels should be able to look into any post-convictions relief if they are available to lessen or erase the immigration consequences of the crime.

On President Biden’s first day of office, he issued an Executive Order revoking Trump’s 2017 Executive Order on Enhancing Public Safety in the Interior. Thus, ICE, USCIS and CBP released a Memorandum focusing only on removing individuals who are threats to national security, border security and public safety. Conviction of a crime against moral turpitude for unauthorized use of social security is a fraud offense and does not fall under these priorities. However, without clear directives from ICE, favorable discretion may or may not be exercised to not enforce removal of those with misdemeanor offenses and with strong family ties.

Pathway to Citizenship 

In the meantime, it would be best for those still waiting to avail of the “pathway to citizenship” to be good citizens and to stay away from engaging in unlawful activities to avoid complicating future immigration applications. Or better yet, to have your case assessed if you have criminal case history to determine possible legal options of obtaining permanent resident status or availing of future options to “pathway to citizenship.”

Categories
Updates

USCIS Fees Increase on October 2020: Citizenship Application Fee up by 80%

Share this:

On August 3, 2020, USCIS published a Final Rule that significantly increases the USCIS fee schedule by adjusting fees by a weighted average increase of 20 percent, adding new fees, establishing multiple fees for nonimmigrant worker petitions, and limiting the number of beneficiaries for certain forms.

Notable among the applications affected by the increases are the following:

  • naturalization/citizenship applications (from $640 to 1160)
  • adjustment of status (from $750 to $1,130)
  • employment authorization documents ($410 to $550)
  • N336 appeal from N400 denials from $700 to 1,725).

The complete list of the changes in fees may be found on the government website: www.uscis.gov.
The rule also removes certain fee exemptions, changes fee waiver requirements, alters premium processing time limits, and modifies certain inter-country adoption processing.

The new fees will take effect by October 2, 2020.