Tag: US Citizenship and Immigration Services

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New Registration Rule Now in Effect: Should You Register with the DHS?

New Registration Rule Now in Effect - Should You Register with the DHS
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A new federal rule requiring some non-U.S. citizens to register with the Department of Homeland Security (DHS) is now in effect as of April 11, 2025. This change may impact individuals who are in the United States without traditional immigration documentation—or who entered without a visa—and could carry serious consequences for those who don’t comply.

New Registration Rule Now in Effect - Should You Register with the DHS

If you or someone you know is unsure about whether this rule applies to them, keep reading to understand who needs to register, what it involves, and the potential risks for both action and inaction.

Who Must Register Under the New Rule?

Registration is a process of notifying the government of your presence in the U.S. as a noncitizen. The requirement to “register” is in our immigration laws but has been rarely used. President Trump announced they will use this requirement for all noncitizens. The law requires all noncitizens over age 14 who remain in the U.S. for 30 days or more to register. (The law instructs parents to register those that are under age 14.) The law requires people to register before the 30-day period ends. The government posted a new form on the USCIS website for those that are not yet registered to use, Form G-325R.

The majority of immigrants and visa holders do NOT need to take additional steps under this new rule, as they are already considered “registered.” The following documents count as registration:

  • A green card. If you are a permanent resident, you are registered
  • A work permit, even if it is now expired. If you have an employment authorization card, for any reason, you are registered.
  • An I-94. If you got an I-94 document, or received an I-94 electronically, when you entered the United States, you are registered. This includes entries with parole or a visa. If you got an I-94 when you got status, such as asylee, or U nonimmigrant, you are registered.
  • An NTA. If you were issued a Notice to Appear in immigration court, you are registered. If you were issued an Order to Show cause (OSC) or a referral to the immigration judge, you are registered.
  • A Border Crossing Card.
  • A Landing Permit as a crewman.
  • If you have applied for lawful permanent residence or temporary residence you are registered, even if that application was denied. (Forms I-485, I-687, I-691, I-698, I-700)

If you are already registered, you do not need to register now. Those who entered with visas are considered registered as they are provided with I-94s upon arrival or biometrics have already been taken at the time of the application for the non-immigrant or immigrant visa.

However, three key groups of individuals are covered by the new rule and must now register with DHS if they are in the U.S. for 30 days or more and are not otherwise registered:

  1. Canadian citizens who entered the U.S. by land for business or tourism, did not receive an I-94, and stayed 30 days or more.
  2. Foreign nationals who turn 14 years old while in the United States.
  3. Foreign nationals who entered the U.S. without inspection (for example, by crossing the border without being processed by immigration officials), and who remain in the U.S. for 30 days or more.

What Does Registration Involve?

If you’re required to register, here’s what you’ll need to do:

  • Create a personal myUSCIS account
  • Submit Form G-325R online, which collects biographic and immigration-related information
  • Appear for fingerprinting and photos (biometrics), if you are age 14 or older and not a Canadian visitor
  • Receive and carry a “Proof of Alien Registration” document at all times

For children under 14, a parent or guardian must complete the registration, but fingerprints are not required until the child turns 14.

Is There a Deadline to Register?

Yes—and it’s very important.

If you were already in the United States for 30 days or more on April 11, 2025, you were expected to register immediately. There is no 30-day grace period after that date.

For individuals who newly meet the 30-day requirement after April 11 (for example, new arrivals or children who recently turned 14), registration must be completed as soon as the 30-day mark is reached.

What Happens if I Don’t Register?

If you do apply for an immigration benefit with USCIS and have not registered, DHS could use a failure to register as a negative factor in deciding your case.

Failing to register or carry proof of registration can result in misdemeanor charges, including:

  • Fines of up to $5,000
  • Jail time (up to six months for failure to register, 30 days for failure to carry proof)
  • Potential removal (deportation) if you are in violation of immigration laws

Also, if you move, you are required to report your new address to DHS within 10 days. Failing to do so may lead to detention or removal proceedings unless the delay was not willful or was reasonably excusable.

Important Note: Registration Can Carry Risks

The registration form asks for your address, information about you, your family, and immigration status, among other things. If you have no immigration status, immigration enforcement will know you are in the U.S. and the government says they will take steps to deport you. You may be detained.

For some people, registering with DHS may involve disclosing sensitive information—such as a criminal record or the fact that they entered the U.S. without inspection. These individuals may become visible to immigration enforcement through the registration process.

Before registering, those who are undocumented, have pending immigration cases, or have any criminal history should speak with an experienced and trusted immigration attorney. Legal advice can help you understand the risks and determine the best course of action.

What Should You Do Now?

If you think this new rule may apply to you or a family member:

➤ Determine if you are required to register
➤ Create a myUSCIS account and complete Form G-325R if needed
➤ Consult with an immigration attorney, especially if you have legal or immigration concerns
➤ Keep a copy of your registration proof with you at all times

For many, this rule will not affect them directly—but for others, it is critical to determine consequences of registering and not registering and their effect on their specific case. If you have questions or concerns about your situation, we’re here to help. Tancinco Law offers confidential consultations to guide you through the new DHS registration process and help you stay informed and protected.

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If you would like to know how to set an appointment with Tancinco Law, click here.

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Are You At Risk of Being Stripped of Your U.S. Citizenship?

Are You At Risk of Being Stripped of Your U.S. Citizenship?
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If you are a naturalized U.S. citizen, are you at risk of being stripped of your U.S. Citizenship in a 2nd Trump term?

President Trump’s focus on immigration is on border security, undocumented immigration and enforcement of immigration law including a plan for a mass deportation. So far, there is no “denaturalization policy” that was expressed. It was during his prior administration that he created a Denaturalization Task Force and a Denaturalization Section targeted against U.S. citizens. What are the chances that this effort is going to be revived? And if you are a naturalized U.S. citizen are you at risk of being stripped of your U.S. Citizenship? 

Denaturalization is found in Section 340 of the Immigration and Nationality Act. There are only certain legal basis to denaturalize an individual and this is initiated by the government through the federal district courts. In the past it was seldom utilized except in extreme cases like in denaturalization of former Nazis who lied about their past who illegally procured naturalization. 

Those who are most likely to be affected by the administration’s effort to strip U.S. citizenship from naturalized citizens may be divided mainly into 3 categories. These are immigrants who procured their citizenship illegally because of the presence of:

  1. Prior criminal conviction that was concealed: Those who concealed their criminal convictions on their naturalization applications and their criminal cases are grounds for removal may have their cases referred for naturalization. Note that criminal charges or convictions must have occurred before and during the naturalization process. 
  1. Prior removal cases and assumed identities:  Several  years ago, the U.S. government discovered hundreds of individuals who had prior deportation orders and who used different names in their green card and naturalization applications.  These cases are now being investigated and may be re-opened for denaturalization.
  1. Material fraud and misrepresentation. This refers to those who lied in obtaining their green cards through fraud and misrepresentation.  The lie must have a relation to the eligibility for green card or naturalization to be a basis for denaturalization. 

Once an immigrant is identified for investigation by USCIS for purposes of denaturalization, the matter will be referred to the Department of Justice’s Denaturalization Section under the Office of Immigration Litigation  and the Assistant U.S. Attorney. Thereafter, the case will be filed with the federal district court having jurisdiction over the residence of the immigrant being stripped of citizenship.  When the case is filed with the court the naturalized U.S. citizen may present evidence to avoid denaturalization. Note that this is a judicial process and only a federal judge may strip one of U.S. citizenship. There is a due process involved and a right to a hearing. If a citizen is denaturalized, most probably this individual will be put in removal proceedings. Whether or not he will be deported depends on available relief or waivers.

Naturalized U.S. citizens must now realize that just like in the past Trump administration and now with the present administration. they no longer have a sense of permanence when it comes to their immigration status. If you believe that you fall into any of the categories of those who might be affected by this denaturalization effort of USCIS, it will be best to revisit and re-examine your naturalization application, have your case assessed by competent legal counsel. And, if there is a possibility of denaturalization, prepare yourself to defend yourself in the federal court and, in the worst case scenario, explore applicable waivers or defenses to avoid removal.

(Atty. Lourdes Tancinco is an immigration attorney and immigrant rights advocate based in the San Francisco Bay area and a partner at the Tancinco Law P.C., law firm established since 1992.  She is also a producer/host of Pusong Pinoy sa Amerika, an immigration law informational show aired on GMA Pinoy TV. She may be reached at law@tancinco.com, www.tancinco.com, facebook/tancincolaw, or at 1-888-930-0808)

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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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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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USCIS Extends Green Card Validity Extension to 24 Months for Green Card Renewals

USCIS Extends Green Card Validity Extension to 24 Months for Green Card Renewals
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On Sept. 26, 2022, USCIS automatically extended the validity of Permanent Resident Cards (also known as Green Cards) to 24 months for lawful permanent residents who file Form I-90, Application to Replace Permanent Resident Card (Green Card).

USCIS is in the process of sending out amended receipt notices for individuals with a pending Form I-90. You can present an amended receipt notice with an expired Green Card as evidence of continued status. By presenting your amended receipt notice with your expired Green Card, you remain authorized to work and travel for 24 months from the expiration date on the front of your expired Green Card.

If you are in urgent need of evidence of status while you wait for your amended receipt notice or your replacement Green Card, or if you need another in-person service, you may call the USCIS Contact Center to request an appointment. We encourage you to wait for your amended receipt notice instead of scheduling an appointment that you may not need.

More Information
Please visit USCIS website for more information on the extended green card validity or contact us for assistance. 

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Public charge immigrant? Biden admin rolls back Trump-era rule

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The Biden administration is moving towards loosening requirements for permanent residency which took effect under former president Donald Trump.

A new Department of Homeland Security regulation will make it easier for some immigrants to evade being disqualified from obtaining residency through the “public charge” principle.

Immigrants are labeled “public charge” if they are seen to be more of an economic burden than a contributor to the United States. 

Under president Trump, the government expanded the definition of benefits so that these could be used against immigrants seeking permanent residency.

With the new regulation – which is coming this December 23, 2022 – the United States Citizenship and Immigration Services (USCIS) will only consider immigrants as “public charge” if “they are likely at any time to become primarily dependent on the government for subsistence.”

While it is months away, the Biden administration has stopped enforcing the public charge rules since the beginning of its term. With the upcoming regulation, the fear of many immigrants who could be labeled as public charge will be abated.

On one hand, the Trump administration then argued that their policy would push immigrants to work harder, but advocates have condemned the policy as too harsh for the vulnerable immigrant population.

There are hundreds of thousands of immigrants who seek green cards per year in the United States. There are also those who get residency through being refugees or getting asylum, which are categories where public charge rules do not apply.

For more information about the new regulation, consult with your trusted lawyer.

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How to Reschedule Your Biometrics Appointment

How to Reschedule Your Biometrics Appointment
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Depending on the type of application you file with USCIS, you may be required to appear at a USCIS office for a biometrics appointment. For example, biometrics may be required if you file an I-485 (adjustment of status or green card application), I-765 (application for employment authorization document), I-131 (application for travel document), or an I-539 (application for extension or change of status). During a biometrics appointment, USCIS will collect your fingerprints, a photo, and a sample of your signature.

How to Know If a Biometrics Appointment Is Required
If you are required to appear for biometrics, USCIS will mail an appointment notice to your address and your attorney’s address. The notice will tell you when and where USCIS expects you to appear. You should make every effort to go to your biometrics appointment as scheduled. Rescheduling the appointment will take time and likely delay processing of your application.

If you cannot make it to your scheduled biometrics appointment, you may contact USCIS to reschedule according to the appointment notice’s instructions or the following procedure:

  1. Call the USCIS Contact Center at 1-800-375-5283 before the date and time of your original appointment.
  2. Explain why you have “good cause” for rescheduling.
  3. Wait for a USCIS scheduler to call you back with a new date and time. Please note: USCIS often takes multiple days or weeks to respond to a rescheduling request.

It is vitally important to call as early as possible to request rescheduling. If you do not call USCIS before your scheduled appointment, or if USCIS thinks you do not have good cause to reschedule, they may not agree to reschedule the appointment. If USCIS refuses to reschedule or you do not hear back from them in time and you do not attend the original appointment, your underlying application may be considered abandoned and be denied.

To find out more about rescheduling or determining if you are eligible to reschedule an appointment, we encourage you to reach out to Tancinco Law through our website at www.tancinco.com or law@tancinco.com or call us at 1-888-930-0808.

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New CDC Policy: Covid-19 Vaccine Required for Green Card Applicants

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Starting October 1, 2021, applicants for immigrant visas or green cards whose applications are pending before the U.S. Citizenship and Immigration Services and or the U.S. Embassies are required to show proof that they are fully vaccinated against COVID-19.

This new policy was released by the U.S. Centers for Disease Control and Prevention. It will be applicable to applicants who complete their Medical Examination or their Form I-693, Report of Medical Examination and Vaccination Record on or after October 1, 2021.  If the medical examination or I-693 was completed before October 1, 2021, and remains valid, proof of COVID-19 vaccination will not be required.

Applicants for green cards who refuse the vaccine and do not qualify for any of the CDCs limited exemptions will be deemed inadmissible and be denied their visas.

Vaccinations that are recognized as valid are the Pfizer-BioNTech, Moderna or Johnson & Johnson vaccine.  If none of these vaccinations are available in the country of origin of the applicant, CDC will accept different-COVID-19 vaccines as recommended by its Advisory Committee on Immunization Practices.

There are waivers and exemptions from the vaccine requirement that may be applied.  CDC will waive COVID-19 vaccine requirement for individuals who are too young to safely receive vaccines and for people with contraindications, i.e., health conditions that indicate that s/he is likely to have a severe adverse reaction to the vaccine. It can also be waived for individuals from countries with no or limited COVID-19 vaccine supplies.

Exemptions of this requirement may be applied for visa applicants who refuse the vaccine based on religious or moral grounds. However, no exemption will be provided to those who claim that they contracted COVID-19 and are still immune to the virus.

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Biden’s Strategy On Promoting Naturalization

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In the past administration, a significant number of non-citizens were apprehensive about filing applications for naturalization because of restrictive immigration policies.  Even naturalized U.S. citizens were threatened with de-naturalization or having their U.S. citizenship taken away from them through a Trump denaturalization program that was then established within the U.S. Citizenship and Immigration Services.

In a 180 degree change of direction the current Biden-Harris Administration is determined to promote naturalization among those eligible to file for naturalization and become U.S. citizens. It has taken steps to eliminate barriers to citizenship and restore faith in our nation’s legal immigration system.

On July 2, 2021, the USCIS released its Interagency Strategy for Promoting Naturalization to promote naturalization through citizenship education and awareness and by building capacity and expanding partnerships with government agencies and community based organizations.

As part of this interagency strategy, a Naturalization Working Group was established by the U.S. Department of Homeland Security (DHS), Education (ED), Health and Human Services (HHS), State (DOS), Labor (DOL), Housing and Urban Development (HUD), Defense (DOD), Justice (DOJ), Veterans Affairs (VA), Agriculture (USDA) and the Social Security Administration (SSA).

Naturalization Working Group goals include:

  • Raising awareness of the importance of citizenship;
  • Promoting civic integration and inclusion;
  • Providing immigrants with opportunities and tools to become fully engaged citizens;
  • Building community capacity to prepare immigrants for citizenship;
  • Eliminating sources of fear and other barriers that prevent individuals from accessing available naturalization services; and
  • Advancing and ensuring equity throughout the citizenship and naturalization processes, including on the basis of race, disability, language access, national origin, gender, gender identity and sexual orientation, and providing support to traditionally underserved communities.

This is a welcome development as a means of empowering the immigrants and restoring faith in the immigration system. While many will be encouraged to apply for naturalization as a result of this program, it will still be prudent for those with long immigration history  to take diligent steps to get their cases assessed for any possible consequences of filing for U.S. citizenship. Examples are those with prior criminal convictions, undisclosed prior marriages, continuous interrupted physical presence among other issues, who must consult with their trusted professional legal counsel before proceeding to file citizenship.