Tag: U.S. Citizenship and Immigration Services

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Updates

New Version of Form N-400, Application for Naturalization is announced by USCIS.

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USCIS revised Form N-400, Application for Naturalization on April 13, 2016. The revised version is accessible at uscis.gov/n-400. August 9, 2016 is the last date to use the 9/13/13 form edition, if any forms submitted after August 10, 2016, it will be discarded and previous versions of Form N-400 submitted will be returned.

Eligibility Requirements

The eligibility requirement for naturalization remains the same. Visit uscis.gov/n-400 to get the information on how to complete the form, and where eligibility requirements can be found.

Revised Form Changes:

  • Removed the bar code
  • Streamlined the application process for the customer
  • Identified evidence

 

Instructions to complete the Revised Form N-400:

  • Access the revised form uscis.gov/n-400.
  • Complete it electronically, then print, sign and mail it to the USCIS Lockbox listed in the instructions. Please comprise supporting papers and the correct fee.
  • If you are unable to fill out Form N-400 electronically, you may print it, or request a paper form by calling the Forms Request Line at 800-870-3676.
  • You must complete the paper form in black ink. You may also get forms and information by calling the USCIS National Customer Service Centre at 800-375-5283
Categories
Updates

Guinea, Liberia and Sierra Leone Temporary Protected Status Stretched for Six Months

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An additional six months of extension for the designations of Guinea, Liberia and Sierra Leone for Temporary Protected Status (TPS).This extension has been done by Jeh Johnson, Secretary of Homeland Security. Though there have been major progresses in the conditions in all three countries since their designations for TPS in November 2014, the enduring effects of the Ebola Virus Disease outbreak and continued recovery challenges support this six-month extension

The extended designation is effective May 22, 2016, through Nov. 21, 2016. U.S. Citizenship and Immigration Services (USCIS) encourage beneficiaries to re-register as soon as possible. TPS extension allows TPS re-registrants to apply for a new Employment Authorization Document (EAD). Eligible TPS beneficiaries who re-register during the 60-day period and request a new EAD will receive one with an expiration date of Nov. 21, 2016.

Submission Process for Re-registering for TPS:
To re-register, current beneficiaries should submit the following forms:

  • Form I-821, Application for Temporary Protected Status (re-registrants do not need to pay the Form I-821 application fee)
  • Form I-765, Application for Employment Authorization, regardless of whether they want an EAD
  • The Form I-765 application fee (or a fee-waiver request) only if they want an EAD. No application fee is required if the re-registrant does not want an EAD.
  • The biometric services fee (or a fee-waiver request) if they are age 14 or older.

Submission Process for Individuals who still have a pending initial TPS Guinea, Liberia or Sierra Leone application:

New Form I-821 is not needed for the individuals who still have a pending initial TPS Guinea, Liberia or Sierra Leone application. However, if they currently have a TPS-related EAD and want a new EAD, they should submit:

  • Form I-765, Application for Employment Authorization
  • The Form I-765 application fee, regardless of their age and
  • A copy of the receipt notice for the initial Form I-821 that is still pending

One who fails to submit the required filing fees or a properly documented fee-waiver requests USCIS will reject that applicant’s TPS application. Applicants may request that USCIS waive any fees based on an inability to pay by filing Form I-912, Request for Fee Waiver, or by submitting a written request. Fee-waiver requests must be accompanied by supporting documentation. All USCIS forms are provided for free. Forms are available at USCIS website uscis.gov/forms or applicants can request forms by mail or call toll-free 1-800-870-3676.

Categories
Global Pinoy

Dealing with Questionable Parent-Child Relationship

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When it comes to proving relationships in family petitions or in citizenship applications, submission of legal documents will generally suffice to obtain a visa approval from the U.S. Citizenship and Immigration Services. There are certain times, however, when birth certificate documents are available yet a DNA test is still required to prove relationship. When does this occur and what will happen if the real parent is other than the petitioner?

Jessie is a U.S. citizen who met Alexa, his fiancé, during one of his visits in Manila. After two years of courting Alexa, he finally decided to file a fiancé visa petition for Alexa. A petition was filed with the U.S. Citizenship and Immigration Services and the fiancé visa was approved.

Prior to being interviewed at the U.S. Embassy, Alexa gave birth to Joshua. A birth certificate was obtained indicating that the father is Jessie. The relatives and friends of Jessie had doubts about the paternity of the child. Nonetheless, Jessie filed a Consular Report of Birth Abroad with the US embassy in manila so that a U.S. passport may be issued to Joshua as his U.S. citizen child. Paternity was in doubt because at the time of conception, Jesse was in the United States. Further evidence was required including a DNA testing to determine paternity. Instead of proceeding with the DNA test, Alexa admitted that child Joshua’s father was Alexa’s former suitor. As expected, Jessie was severely distressed by Alexa’s admission but also realized that he still loves Alexa and is willing to accept Joshua as his own child. Can Alexa still obtain the fiancé visa? Will Joshua be able to travel to the United States with his mother?

Derivative Citizenship

A child born abroad to a U.S. citizen parent may derive U.S. citizenship from the parent as long as eligibility requirements are met. These children are U.S. citizens at birth. In conferring derivative citizenship proof of parental relationship is critical. There is usually further scrutiny of the application when the parents of the child are living apart, or, when there is a wide age gap between the parents.

Stepchild of the Fiance

In the case of Jessie, instead of applying for derivative citizenship of the child Joshua, he could still get a K2 visa as the child of his fiancé. Unfortunately, Alexa has to deal with her ‘misrepresentation’ issue when she stated that the father of the child was Jessie. This may affect her ability to obtain the visa unless a waiver is filed and approved by the USCIS.

Proving parental relationship should not be difficult if the truth is asserted from the beginning of the application. Concealment of child’s real parents by the use of a false birth certificate will not be favored in visa applications. There may be good intentions but the best interest of the child is not served by concealing the identity of his real parent until the time of the visa application.

(Atty. Lourdes S. Tancinco may be reached at law@tancinco.com, facebook.com/tancincolaw or (02)721-1963)