WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) will soon be revising the filing instructions for the Petition to Remove Conditions on Residence (Form I-751) to require filing at the California or Vermont Service Centers, where all Forms I-751 are currently adjudicated.   The adjudication functions for these petitions have already been assigned to these locations in anticipation of this change. Therefore, all petitioners filing a Form I-751 are requested to file the petition with the California or Vermont Service Centers, depending on the state in which they reside.

Form I-751 is used by individuals who were granted conditional residential status through marriage to a U.S. citizen or a lawful permanent resident and who desire to petition USCIS to remove the conditions on their residence. 

Petitioners who live in the following states or territories should file their Form I-751 with the California Service Center (CSC):   Alaska, American Samoa, Arizona, California, Colorado, Guam, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, North Dakota, Ohio, Oregon, South Dakota, Utah, Washington, Wisconsin, and Wyoming.   The mailing address for CSC is:

USCISCalifornia Service Center

P.O. Box10751

Laguna Niguel, California 92607-0751

Petitioners who live in the following states or territories should file their form I-751 with the Vermont Service Center (VSC):   Alabama, Arkansas, Connecticut, Delaware, Washington, D.C., Florida, Georgia, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Mississippi, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Oklahoma, Pennsylvania, Puerto Rico, Rhode Island, South Carolina, Tennessee, Texas, Vermont, Virginia, U.S. Virgin Islands, and West Virginia.  The mailing address for VSC is:

USCISVermont Service Center

75 Lower Welden St.

St. Albans, Vermont 05479-0001

Petitions filed with the Nebraska or Texas Service Centers after this announcement but prior to a change in the form instructions will be forwarded to the California or Vermont Service Centers, respectively, without any need for action by the petitioner.  However, there could be a slight delay in the adjudication of the petition as a result of the transfer; so, petitioners are encouraged to file directly with the appropriate service center as outlined above.  If a petitioner receives a receipt notice from the Nebraska or Texas Service Center, his or her case will be transferred to the California or Vermont Service Center for adjudication.  The petitioner should receive a notice advising him or her that the case has been transferred.  Click Here for USCIS Press Release.

The U.S. Department of Homeland Security released an interim final rule on April 4, 2008, extending the period of Optional Practical Training (OPT) from 12 to 29 months for qualified F-1 non-immigrant students. The extension is available to F-1 students with a degree in science, technology, engineering, or mathematics (STEM) who are employed by businesses enrolled in the E-Verify program.

The rule also addresses situations in which an F-1 student’s status and work authorization expires before he or she can begin employment under the H-1B visa program. The interim final rule addresses this by automatically extending the period of stay and work authorization for all F-1 students with pending H-1B petitions. The rule will also implement certain programmatic changes, including allowing students to apply for OPT within 60 days of graduation.

U.S. Citizenship and Immigration Services published an initial set of questions and answers related to the rule on April 4; below are a supplemental group of questions and answers that will provide essential guidance and more specific details on the program.  Click Here for complete USCIS Questions & Answers (Posted 5/15/08)

Members and certain veterans of the U.S. Armed Forces are eligible to apply for United States citizenship under special provisions of the Immigration and Nationality Act (INA).  In addition, U.S. Citizenship and Immigration Services (USCIS) has streamlined the application and naturalization process for military personnel and those who recently discharged.  Generally, qualifying service is in one of the following branches: Army, Navy, Air Force, Marine Corps, Coast Guard, certain reserve components of the National Guard and the Selected Reserve of the Ready Reserve.

Qualifications

A member of the U.S. Armed Forces must meet certain requirements and qualifications to become a citizen of the United States. This includes demonstrating:

• Good moral character;
• Knowledge of the English language;
• Knowledge of U.S. government and history (civics); and
• Attachment to the United States by taking an Oath of Allegiance to the U.S. Constitution.

Qualified members of the U.S. Armed Forces are exempt from other naturalization requirements, including residency and physical presence in the United States. These exceptions are listed in Sections 328 and 329 of the Immigration and Nationality Act.

All aspects of the naturalization process, including applications, interviews and ceremonies are available overseas to members of the U.S. Armed Forces.

An individual who obtains U.S. citizenship through his or her military service and separates from the military under “other than honorable conditions” before completing five years of honorable service may have his or her citizenship revoked.

How to Apply

Every military installation has a designated point-of-contact to assist with filing the military naturalization application packet. Once complete, the package is sent to the USCIS Nebraska Service Center for expedited processing. That package will include:

• Application for Naturalization (USCIS Form N-400) (Members of the military are not charged a fee to file the Form N-400.)
• Request for Certification of Military or Naval Service (USCIS Form N-426)
• Biographic Information (USCIS Form G-325B)

Click Here for Complete Information – USCIS Fact Sheet 05/16/2008

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) has entered into a settlement agreement in a national class action, Kaplan, et al. v. Chertoff, et al., CV 06-5304, which was filed in the U.S. District Court for the Eastern District of Pennsylvania. 

The suit was brought by non-U.S. citizens who had lost or who were about to lose their eligibility for Supplemental Social Income (SSI) based on a statutory seven-year limit found at 8 U.S.C. §1612(a)(2)(A), and who were unable to become naturalized U.S. citizens before the loss of SSI benefits.   In addition to DHS and USCIS, the Federal Bureau of Investigation (FBI) and the Social Security Administration (SSA) are part of the settlement agreement.  The class was represented by attorneys at Community Legal Services in Philadelphia, the HIAS and Council Migration Services in Philadelphia, Ballard Spahr Andrews & Ingersoll LLP, pro bono counsel, and the Sargent Shriver National Center on Poverty Law.   The settlement agreement took effect March 5, 2008, and will remain in effect until February 5, 2011.

Under the settlement agreement USCIS will expedite Applications to Register Permanent Status or Adjust Status (Form I-485) – commonly referred to as ‘green card’ applications – and Applications for Naturalization (Form N-400) of current or former SSI beneficiaries if the application has been pending with USCIS for more than six months.   Expedited processing includes USCIS requesting an accelerated FBI Name Check as well as prioritizing other USCIS internal actions, such as the scheduling of an interview.   USCIS will work with SSA to identify individuals who have lost or who will lose their SSI benefits within the next year and who already have an I-485 or N-400 pending with USCIS.  USCIS will then expedite those cases even if the applicant has not yet requested expedited processing and even if the application has not been pending for six months. 

If you are not a U.S. citizen currently receiving SSI benefits or you have had your benefits terminated or suspended due to the seven-year limit, you can request expedited processing of your I-485 or N-400 by calling the USCIS toll free number at (800) 375-5283 or (800) 767-1833 (TTY), or  by contacting your local USCIS office in person or in writing.  You should keep a record of this call or contact.

If you have not yet filed an I-485 or N-400 and are eligible to do so, you may also apply for a fee waiver when you file the application.   You may also request expedited processing when you file the application.  Be sure to write the word “KAPLAN” on the outside of the mailing envelope of your application.   

Source: USCIS Press Release 05/15/2008

The Department of State released the June 2008 visa bulletin and the priority dates does not reflect a significant movement forward at all in any categories.  All employment based priority dates did not change from the May 2008 visa bulletin except, EB-2 CHINA and INDA, where the priority dates for these two countries moved forward from January 2004 to April 2004. 

Employment Based Visa Bulletin

Family Based Visa Bulletin

The Child Status Protection Act (CSPA) amended the Immigration Nationality Act by changing how an alien is determined to be a child for purposes of immigrant classification.   The Act permits an applicant for certain benefits to retain classification as a “child,” even if he or she has reached the age of 21.

Since its enactment on Aug. 6, 2002, USCIS provided several field guidance memoranda regarding the adjudication of immigration benefits in accordance with the CSPA.   Today, USCIS has revised its guidance that modifies a prior interpretation of certain provisions of the CSPA.  Source USCIS Fact Sheet 05.06.08.  Click Here for more.

Click Here USCIS Revised Guidance 05.05.08.

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) announced today that it is publishing a Notice of Proposed Rulemaking (NPRM) to increase the maximum amount of time a Trade-NAFTA (TN) professional worker from Canada or Mexico can remain in the United States before seeking readmission or obtaining an extension of stay. The proposal will extend the maximum period of admission for TN workers from one year to three years, the same term that USCIS currently may grant to H-1B specialty occupation workers.

The proposed rule will further allow eligible TN nonimmigrants to be granted an extension of stay in increments of up to three years, as opposed to the current maximum of one year. TN nonimmigrants are not subject to a maximum period of stay and thus may seek multiple readmissions or extensions, provided their intended professional activity continues and they remain otherwise eligible. Current regulations require that TN workers seek readmission or apply for an extension of stay each year.  Source: USCIS Press Release 05.05.08. Click Here for more