http://www.hilglaw.com/articles/articles16.htm
Most employment-based immigrant petitioners and beneficiaries are aware that under certain conditions, alien beneficiaries may change jobs even before they obtain permanent residence. These conditions are delineated in the newly published law, AC21 S.106(c). Under this law, which is popularly phrased as the ‘180 day rule’, an alien beneficiary who has an approved labor certification or I-140 employment-based immigrant petition may change jobs if the I-485 application has been filed and pending for 180 days and the new job is in the same or similar occupational classification as the job for which the certification or approval was originally made.
This appears deceptively simple but still leaves certain questions unanswered, at least until the BCIS publishes their own guidelines.
1. If the alien changes employment, what procedures does he or she have to follow?
No specific rules have been promulgated. However, several BCIS officials have expressed that it is expected that the applicant notify the Service of such change in intent. Without such notice, if the BCIS Adjudicator has reasons to believe that the applicant’s intent has changed (for example, a prolonged I-485 processing time, an economic downturn, a massive lay-off in the specific industry, etc.), an RFE may be issued, requesting the petitioner to verify the job’s terms and conditions. In order to avoid further delay and/or possibility of complication with future immigration process, it probably is a better practice to submit such notice affirmatively.
2. Does the original sponsoring employer have any obligation to notify such change?
Neither the original sponsoring employer nor the new employer have a duty to notify the BCIS in the case when the alien change jobs under the AC21. Sometimes employers, however, wish to notify BCIS for various reasons. Employers feel they need to keep the record clean and straight. Other employers simply fear that somehow there will be consequences if the changes go unreported. A simple notice of change of intent after the I-140 approval will not have any consequences to the pending I-485 application as long as the alien has secured a same or similar job position after 180 days, as discussed above.
What is unfortunate, however, is that some petitioners attempt to take away any future immigrant benefits from the former employees by requesting to revoke their I-140 petition even after the I-140 approval and 180 days past the I-485 filing.
3. What happens if I-140 revocation has been requested?
BCIS has yet to come to a solid conclusion in this matter. Some BCIS officials have stated that an I-485 that has been pending for 180 days or more can gain approval under AC21, even if the employer requests the BCIS to revoke the approved I-140. However, in practice, it appears that in certain instances, some BCIS centers denied I-485s based on the revocation of the I-140 petition, even though the I-140 revocation occurred after 180 days have passed. Naturally, these decisions have been appealed and are waiting for the final verdict.
As common sense dictates, the spirit of AC 21, when reasonably interpreted, is to allow the alien beneficiary flexibility and freedom. With the growing backlog at the BCIS, the alien beneficiaries in the past have been virtual slaves to the immigration process. They oftentimes lose their right to permanent residence in the very final stage of the long grueling process, especially when the economy turns sour; they are also unable to take upon better opportunities or effectively negotiate with the employer for the fear that they might lose their opportunity for immigration. In recognition of such hardship aliens face in the prolonged immigration process, the Congress enacted AC 21 to give the individuals the ability to obtain approval of an I-485 and permanent residence based on a job offer from a new employer. The former employer should not be able to stop the alien from exercising this right, however minimal it is, in the very last stage of the process.
Fortunately, most employers do not tend to revoke the I-140 petition and remain helpful to the former employees. In an unfortunate case where the original sponsoring employer decides to revoke the I-140 approval, however, the beneficiary’s best defense is affirmatively notifying BCIS of the change of employment with thorough documents.
The information provided throughout the Website is general in nature and may not apply to any particular set of facts or circumstances. It should not be construed as legal advice and does not constitute an engagement of Heller Immigration Law Group, LLP, or establish an attorney-client relationship.
Questions or comments, visit our site at hilglaw.com or email us at comments@hilglaw.com
Thursday, June 21, 2007
Change Of Employment
Succesful Immigration: Make A Business Plan
http://hilglaw.com/articles/articles14.htm
Last week, I had an opportunity to listen to a well-known business executive who leads a venture capital company. In the post-dotcom era, both individual and institutional investors have become much more careful. As a result, venture capital companies are now much more selective; it is no longer a sparkling idea that succeeds, but a comprehensive and real business plan that will survive the scrutiny of investors.
It was his emphasis on planning, research, and honesty with realistic goals that made me think immigration is just like the planning and embarking on a new venture.
1. Research
I often get inquiries from aspiring immigrants if our firm can suggest a good business, set it up in their best interest, and guarantee its success. It is revealing and very unfortunate when a prospective client wishes our firm and wants me to play the role of life counselor and business advisor; what I really feel is that these individuals and their families are not ready to immigrate at all. They have not done their homework yet, i.e., create in their own mind a successful and researched roadmap. In fact, more often than not, such people have not even thought anything through.
To borrow an overused phrase, “life is like a marathon.” One runs the course oneself. I hope that everyone who wishes to immigrate understands immigration is a procedural step towards a clear goal in life. One should not even approach the issue of immigration until a plan for life in the U.S. is clearly set out; only then can the immigration process truly begin, be itself planned and strategized, and eventually be successful. after immigration has been thought out.
The real goal behind immigration could be running a successful business, family-oriented life style, higher education and/or better employment, etc. In this regard, the plan for immigration invariably involves figuring out how one will support oneself and family members. Whether it is a branch office for the Korean operation or a local dry cleaners or finding a dream job, thorough preparation is key to success.
Obviously, help and advice from professionals, family members, friends, headhunters, etc. are extremely useful. However, there is a fine line between knowing when to use these resources and how to use such help and lazy complacency and/or reliance on others (as a substitute for personal responsibility. Again, there is a fine line between diligent research, meticulous self-study, and stubborn failure to utilize appropriate professional help. There is also simply blind faith.
As stated, research of how you might work out your plans and increase the probably of success once you immigrate is key. Only you can do this. If one fails, one should not blame others.
2. Honesty with oneself
Once preliminary research has been completed about why one is emigrating, one should start outlining a detailed roadmap, almost a business plan. At this time, honesty with oneself will help the roadmap to become realistic. The plan should not be based on overly optimistic estimation or reliance on factors beyond one’s control. After an honest evaluation, if the plan does not seem realistic, it should be reconsidered.
3. Guts to take the risk
Even with thorough research and honest evaluation and the right preparation, some unknowns and risks will still exist. However, such preparation will significantly reduce risks. It takes guts to make a decision, and a decision should be made when it feels comfortable. One danger about perfectionism is paralysis out of fear for failure. That is another trap to be avoided.
In conclusion, I’ve always advised my clients to think before they jump start the immigration process. My honest and sincere advice has been that immigration is a platform on which one folds one’s life plan. Obviously, one should have a rock solid platform, however, without a clear idea of what to build on the platform, it will remain useless. As an immigration lawyer and a member of the community, my interest exceeds getting my clients simple greencards or a visa; I hope to see that hard work and investment in one’s business plan indeed has sowed a seed which will bloom beautifully.
The information provided throughout the Website is general in nature and may not apply to any particular set of facts or circumstances. It should not be construed as legal advice and does not constitute an engagement of Heller Immigration Law Group, LLP, or establish an attorney-client relationship.
Questions or comments, visit our site at hilglaw.com or email us at comments@hilglaw.com
Wednesday, June 20, 2007
Small Business Immigration
http://www.hilglaw.com/articles/articles15.htm
One of the most commonly used visas for the new immigrant communities is the E-2 (non-immigrant) investor visa category. Nationals of countries, which have a treaty of commerce and navigation with the U.S., are allowed to live and work here so that they can successfully manage and direct a 'substantial' investment. The true rationale behind this visa status is that free trade and investment will result in economic benefits for both the U.S. and the treaty nation. Often not truly understood, however, is the notion that the investment should result in job opportunities for the local population and the investment itself cannot be the sole means of support for the investing individual (and/or family).
Although all E visas were created under the same principle, larger companies prefer to use E-1 whereas small and medium-sized companies utilize E-2. When companies, which have substantial international trade, use E-1 or E-2 to transfer their employees to the U.S. operation, the transfer to permanent resident status for these visa holders can be processed fairly quickly, if desired later. I will discuss such cases in a future article. In this article, I would like to explain the small business economy driven on the wheel of E-2 visa.
From my experience with the new immigrant communities, I observed that a typical foreign E-2 investor would purchase a grocery, dry cleaners, or gas station for family business. While some families have a successful E-2 business and thus enjoy a stable status, other families suddenly lose their business for reasons beyond their control (e.g., lease dispute with the landlord, economic downturn, natural disaster, etc.) and realize they no longer have a legal status in the U.S.
E-2 investor visa status allows the visa holder to make business investment and work for that business operation in the U.S. For entrepreneurial foreigners, this seems to be a perfect visa status as it allows them to open up their own small and medium-sized businesses.
In order to receive an E-2 visa, the investor must have a clear business plan and make substantial and irrevocable investment with a goal to eventually create some employment. The investor must also intend to return to home country once the investment is over. There is no minimum amount for such investment. Rather, it depends on the type of the business operation. Some businesses will require a large initial investment in the infrastructure and others will require less. However, the investment should be sufficient to ensure the successful operation of the enterprise and, as stated above, not be merely a means of supporting the individual entrepreneur and his/her family
With E-2 visas, one can stay in the U.S. as long as one's investment continues. Once the invested business closes down, the authorized stay is over, and E-2 visa holder and the dependent family must leave the U.S. or change to anther status.
The advantages of E-2 include an opportunity for the principal investor to own and manage a U.S. business with a relatively small amount of investment and subsequent opportunity for the family members to study and/or work in the U.S, if qualified to do so under another visa category (such as H-1B). Also, family members, as owners, can work in their own business entity. In this regard, E-2 visa holder and his/her family enjoy similar privileges as U.S. permanent residents or citizens.
Nonetheless, E-2 is a temporary 'non-immigrant' status and does not give any long-term stability. The privileges I mentioned above are tied to the business. Even if the business continues, when minor children reach 21, they are not considered dependent members any more and must change to another status, such as F-1.
E-2 should also be separated from investment immigration. In general, investment immigration requires at minimum $1 million investment and the creation of 10 new jobs. Because of these stringent requirements, investment immigration category is one of the most underused categories, and there are usually better ways of going about immigration.
Although E-2 visas rarely lead to a greencard since the investment itself is not large enough nor create the requisite 10 new jobs, if desired later, obtaining permanent residency may be possible with creative and thoughtful strategies, depending on many other factors including job skills.
For the above reasons, it is always wise to speak to a qualified immigration attorney to go over and strategize before utilizing this visa category since in the long term it may be a perilous decision. One must ask, what is the goal to be achieved? Is it simply to do business in the U.S., to make money, or obtain permanent resident status for you and/or one's family members? A hasty decision can not only lead to an unnecessary complication in one's life but also complicate one's future immigration goals.
The information provided throughout the Website is general in nature and may not apply to any particular set of facts or circumstances. It should not be construed as legal advice and does not constitute an engagement of Heller Immigration Law Group, LLP, or establish an attorney-client relationship.
Questions or comments, visit our site at hilglaw.com or email us at comments@hilglaw.com
Monday, June 18, 2007
Changing Status From B-2 Visitor
http://hilglaw.com/articles/articles9.htm
One of the most frustrating phone calls I receive as an immigration attorney is: "I'm here on B-2 with my family and want to stay here. How do I change my status?" 90% of such callers actually come to the U.S. with the full intent to stay a very long time. There is nothing wrong with such action per se except such a trip often unknowingly creates a legally perilous situation for the individual and his/her family.
Here is why:
About the children…
Some parents come to the U.S. without any clear long-term plan. Out of concern and ambition for their children's education, they impatiently bring the entire family across the ocean before working out a clear map, which will in the immediate future allow them to support the family and to maintain a legal status. The children are often put in the public education system immediately and thus automatically become violators of their immigration status (if and when it is discovered). In most states, public schools do not inquire about children's or their parent's legal status, and therefore just take them in. This can lead the foreign parents to believe it is alright to do so and also gives them and their children a false sense of security.. Temporary visitors, including children brought with visiting parents, are not authorized to attend any school, let alone a public school that is paid for and supported by U.S. taxpayers. Such records will remain and may make it very difficult for the parents or for the children later on to get a legal status and get a more appropriate visa. Thus, such a hasty decision to bring children to the U.S. even with good intentions and to put them in a public school can actually create many more problems than it solves.
Observation on the families…
Many of these families are often mistakenly and naively encouraged by other family members and/or more remote relatives who reside in the U.S to move here. As a member of an immigrant community, I observe and worry that such an event often later can create a rift in an otherwise close family relationship. Families in the U.S. often naively believe subsistence in the U.S. is better than struggling in the foreign land and do not distinguish between legal and what inevitably turns out to become illegal status since rarely is their planning involved. However, staying illegally in the U.S. has become increasingly more difficult. Visitors, even those who have maintained legal status, cannot get a driver's license, have a difficult time obtaining credit cards, and there is zero possibility of receiving a legal permit to work. If they come into contact with the law, and in today's post 9/11 environment, even minimally, they can find themselves immediately detained by immigration at a detention center and swiftly removed. Out of loneliness, out of the difficulty to find trustworthy employees for their business, and oftentimes truly out of genuine concern for overseas family members, American relatives too often make invitations without much thought to the consequences involved. When each other's expectation is not met, family members, who in the beginning were very hopeful of a new future together, may end up blaming each other and an unhappy family relationship can result from it.
Changing status…
Because most immigration routes take a long time, at least a year and sometimes many more years, the visitors, who were allowed in for 6 months or now often less time, must quickly find a way to temporarily maintain their status. A longer temporary status can be gained through employment, becoming a student, or investing in a business.
Almost without exception, a temporary work status called H-1B requires a specialized bachelor's degree or higher and a job offer from a U.S. employer who is willing to pay the 'prevailing wage'-meaning at or above a U.S. wage. This avenue normally does not suit most of the people who are here as B-1 or B-2 visitors as a real job search in the professions takes time, and the language barrier often makes it more difficult. The difficulty is compounded because if one begins a job search too soon after arriving it may make changing status impossible later on. However, if one parent does secure a qualifying job offer, the entire family, called dependants, can gain legal status and therefore the family can remain together. (For detailed information on H-1B and other temporary work status, please refer to my previous article.)
If one or both parents do decide staying here to study makes sense, and they can afford to do so since neither would be authorized to work, getting an I-20 from a qualifying school is not difficult. Private schools need foreign students' tuition to operate. However, INS is very suspicious of people who try to change their status from a visitor to a student a visitor and Congress has already proposed a law that would disallow visitors from changing their status to that of a student. Even under existing law, visitors who wish to change status must convince INS that their original intent on entering the country was to visit only and only after they came into the U.S did their intention change. This is a very tough requirement to meet especially when an entire family is involved. And even if INS grants the change of status, many U.S. Consulates will make their own determination if and when the individual and/or his or her family members go back home for vacation or a needed visit. I see many individuals who have successfully changed their status but, because of poor planning and execution, are afraid to leave the U.S. for the fear that they will not be able get the student visa and return back here
Finally, there is the investment/E-2 visa. This is a great option if the potential investor has the money to invest and will truly manage the enterprise. However, even then, much planning and timing is required so that one's family can live and travel freely and be here without fear. In this regard, more often than not I will recommend the individual return home to obtain this visa. I also tell clients to take the opportunity while in the U.S. to do market research and properly select a business that they are interested in. Again, they must be prepared to return home to apply for the visa and not to change status in the U.S. because too often such applications may cause them problems when they do want to return and obtain a visa at the U.S. Consulate. Investors who have followed our instructions have had a great success getting a visa abroad and securing their status and in turn their future. I cannot stress enough that changing status while here as a visitor makes getting the visa later on much more difficult because the Consulates are likely to suspect a hidden agenda at the time of entry as visitor.
Our firm has been very successful in helping visitors to maintain a legal status by exploring the visitors' options and guiding them to the best possible path. However, sometimes there may not be an ideal option presented to us because too many missteps have already been made. We also see that some inquirers who did not follow our direction and later on call us after their status has expired or their application has been rejected. Through this article, I wish to advise visitors who are already in the U.S. not to rush into anything without consulting a qualified immigration attorney. And to those who are thinking about coming here, I strongly advise not to relocate family or sell assets until an appropriate legal course of action and strategy has been determined and proper arrangements have been made.
The information contained in article is provided for general information only and should not serve as a substitute for legal advice.
The information provided throughout the Website is general in nature and may not apply to any particular set of facts or circumstances. It should not be construed as legal advice and does not constitute an engagement of Heller Immigration Law Group, LLP, or establish an attorney-client relationship.
Questions or comments, visit our site at hilglaw.com or email us at comments@hilglaw.com
Obtaining Quality Immigration Representation
"The Quality of Chinese Food in San Francisco"
As I was having a lunch at a jam-packed Chinese restaurant near work in the Financial District of San Francisco, a Chinese man sitting beside me ordered a dish that looked unusually delicious. So I asked him what the name of the dish was. Instead of telling me the name, he gave me a long answer that it could be much better, and the quality of Chinese food had been going down hill in California for the last two decades. Although a pleasant person, he seemed very unhappy about the lack of good food and told me his family goes up to Vancouver, Canada for real Chinese food because they pursue quality and a not cheap substitute. After commiserating with him, my colleague, a long-time practitioner and a well-known lawyer, and I lamented on the quality of legal representation. Just like the Chinese food in San Francisco, the overall quality of legal representation, including that of immigration practitioners, has deteriorated. I believe it is so because the mass-produced lawyers do not seem to have as high ethics or standard of care the profession used to exhibit. What is worse, the public seems to settle for a lower quality substitute and, in doing so, unknowingly risks the future.
Should I Represent Myself?
Although it is sometimes possible to represent oneself in simple U.S. immigration matters, even in such cases, I advise professional representation. The field of U.S. immigration law is quite complex and it changes frequently. In fact, it is so specialized; I have to confess that in my career, I see inexperienced lawyers, uncaring lawyers, and unspecialized general counsels make basic and fundamental mistakes that affect someone's life in a grave way.
An immigration case often involves at minimum three government agencies: the Bureau of Citizenship and Immigration Services, the Department of State, the Department of Labor, and others. Unfortunately, some agents at these agencies believe that their main task is to keep foreigners out of the United States; educating the applicants on immigration process is certainly not part of their responsibilities.
Unless a lawyer, let alone an individual, deals with immigration matters regularly, it is highly doubtful that he or she will be able to complete the process without encountering problems. Immigration law is not always intuitively understandable and even minor errors in processing or in the interpretation of the law may result in serious consequences. It is unfortunate that immigration lawyers are often hired only after people attempted to file petitions themselves or use a wrong substitute but failed for a variety of reasons. Not only legal fees often end up being higher in such cases, but what a waste of valuable life time?
Should I hire an immigration consultant?
Immigration consultants have helped individuals who cannot afford lawyers; some have also gladly carried out the legwork, such as waiting for a visa at the embassy, many of us wish to avoid doing ourselves. However, I see a great danger when immigration consultants attempt to give legal advice or prepare an immigration case without the supervision of an experienced lawyer. Although some immigration consultants have years of experience, it must be noted that no training or experience is required to become immigration consultants and their inexperienced activities are not regulated.
How do I choose a lawyer?
As anybody who had to look for an attorney to represent himself or herself would realize, choosing a right lawyer or doctor with respect to any specialized matter is extremely hard. The attorney-client relationship involves sometimes very personal and complicated matters, and it lasts for a long time. It is one of those life's few intimate relationships that can significantly affect both parties. For this reason, one will have to find a lawyer who has expertise on the matter and whose personality is easy to work with in order to achieve the best result.
A qualified and reputable immigration lawyer, for example, will explain and explore all the available options and assist the client in making the right choices. He/she will also deal with the case more effectively and efficiently, minimizing any potential risk of harassment and delays.
As an economics major in undergrad, I calculate all my life activities in terms of 'opportunity cost'. I do not shy away from hiring valuable help, which allows me time to focus on more productive activities and improve my life style. A qualified immigration lawyer will reduce serious life anxieties and ultimately save the client a lot of time and money by helping him/her to get on with life.
Life is too short to be wasted on bad Chinese food or worrying about a poorly handled immigration case.
The information provided throughout the Website is general in nature and may not apply to any particular set of facts or circumstances. It should not be construed as legal advice and does not constitute an engagement of Heller Immigration Law Group, LLP, or establish an attorney-client relationship.
The information provided throughout the Website is general in nature and may not apply to any particular set of facts or circumstances. It should not be construed as legal advice and does not constitute an engagement of Heller Immigration Law Group, LLP, or establish an attorney-client relationship.
Questions or comments, visit our site at hilglaw.com or email us at comments@hilglaw.com
Saturday, June 16, 2007
How To Maintain A Permanent Resident Status
Hilglaw
Many aliens are under the mistaken belief that once they acquire lawful permanent residence, they can return to their home and employment in their home country, and they can maintain their permanent resident status by visiting the United States only briefly each year. Similarly, many other aliens blindedly believe by simply applying for a reentry permit, they can stay abroad for an extended period of time and still maintain their status. Such aliens will call lawyers to ask for an instant service for reentry permit, but, more often than not, they do not inquire about their bigger goal, i.e., maintaining a lawful permanent resident status, and the lawyer may neglect to go into much detail. Well, here is the bad news. Simply using your Form I-551 (i.e. green card) each year for visits to the United States does not entitle you to retain your lawful resident status. Nor would the use of Reentry Permit guarantee readmission to the United States.
When lawful permanent residents depart from the United States, returning residents are not entitled to a right to return. Although it sounds strange, when they seek to reenter the United States, they are actually applying for admission as special immigrants (i.e., immigrants, lawfully admitted for permanent residence, who are returning from a temporary visit abroad.) Thus, the returning resident must show his or her intention to remain a lawful permanent resident in the United States and his or her absence abroad was temporary. Then, how do you prove your intention to remain a lawful permanent residence and what does the term "temporary'' mean?
In order to determine subjective intent, various elements may be examined. First, the alien should normally have a definite reason for proceeding abroad temporarily. Second, the visit abroad should be expected to terminate within a relatively short and fixed period. However, if unforeseen circumstances cause an unavoidable delay in returning, the trip would still be considered temporary as long as the alien continues to intend to return as soon as his original purpose was completed. Third, the alien must intend to return to the U.S. as a place of employment or business or as an actual home. This requisite intention must have existed from the time of departure throughout the course of the visit. Finally, the location of alien's ties such as family, job, or property, may also be considered in determining the alien's intent.In addition to the above issue, returning residents must present a valid unexpired immigrant visa or other valid entry document at the time of application for admission. A returning resident's Form I-551 (i.e. green card) is a sufficient entry document for absences of one year or less. However, after an absence of more than one year, the returning resident must be in possession of a reentry permit or an immigrant visa issued by a U.S. consulate located abroad.
Reentry Permits
A departing alien who plans on being absence for a significant period of time may apply for a reentry permit. By applying for a reentry permit before the departure, the returning resident will be relieved of having to apply for a returning resident visa at a U.S. consulate abroad. Thus, reentry permits serve as a valid entry document after absences of more than one year and may be helpful in providing evidence of the alien's intent. However, reentry permits are simply an entry document. The returning resident will still have to establish, among other things, that he or she has been lawfully admitted to the United States for permanent residence; and that such residence has not been abandoned. Also, in almost all cases, please note that an absence of more than one year will break the period of continuous residence required to become a citizen, even if a reentry permit is issued.
Reentry permits are valid for not more than two years from the date of issuance and are not extended. The applicant must be in the United States at the time the application is filed.
I hope this article explains that maintaining a lawful permanent residence is not as simple as what the common assumptions make it seem like. Again, frequent trips back to the U.S. or even the use of Reentry Permit will not guarantee readmission to the United States. Given the above, I strongly advise those readers, who have plans to stay abroad for a prolonged period of time or have yet to establish real ties in the U.S., to have a consultation with a qualified immigration lawyer before you depart from the U.S. and eliminate any lingering doubts about your status.
The information provided throughout the Website is general in nature and may not apply to any particular set of facts or circumstances. It should not be construed as legal advice and does not constitute an engagement of Heller Immigration Law Group, LLP, or establish an attorney-client relationship.
Questions or comments, visit our site at hilglaw.com or email us at comments@hilglaw.com
How To Maintain A Permanent Resident Status
In order to determine subjective intent, various elements may be examined. First, the alien should normally have a definite reason for proceeding abroad temporarily. Second, the visit abroad should be expected to terminate within a relatively short and fixed period. However, if unforeseen circumstances cause an unavoidable delay in returning, the trip would still be considered temporary as long as the alien continues to intend to return as soon as his original purpose was completed. Third, the alien must intend to return to the U.S. as a place of employment or business or as an actual home. This requisite intention must have existed from the time of departure throughout the course of the visit. Finally, the location of alien's ties such as family, job, or property, may also be considered in determining the alien's intent.In addition to the above issue, returning residents must present a valid unexpired immigrant visa or other valid entry document at the time of application for admission. A returning resident's Form I-551 (i.e. green card) is a sufficient entry document for absences of one year or less. However, after an absence of more than one year, the returning resident must be in possession of a reentry permit or an immigrant visa issued by a U.S. consulate located abroad.
I hope this article explains that maintaining a lawful permanent residence is not as simple as what the common assumptions make it seem like. Again, frequent trips back to the U.S. or even the use of Reentry Permit will not guarantee readmission to the United States. Given the above, I strongly advise those readers, who have plans to stay abroad for a prolonged period of time or have yet to establish real ties in the U.S., to have a consultation with a qualified immigration lawyer before you depart from the U.S. and eliminate any lingering doubts about your status.
The information provided throughout the Website is general in nature and may not apply to any particular set of facts or circumstances. It should not be construed as legal advice and does not constitute an engagement of Heller Immigration Law Group, LLP, or establish an attorney-client relationship.
One Immigrant's Lesson For Life
After learning about our client’s life in this aftermath of the new amendment, we felt strongly that there were humanitarian reasons why the Immigration Services should allow him to obtain green card based on a substitute sponsor’s affidavit of support.
Although truly experienced attorneys can assess the individual situation and articulate humanitarian reasons to come to a successful resolution in many cases, what is at the heart of these matters is what kind of life the individual has led. In our client’s case, it was his sincerity, his honesty, and his steadfastness that had gathered many supporters to his cause. It is impossible to live a life without leaving traces of fingerprints. My client’s trace of life convinced the immigration, even in its worst time, that he should be allowed to stay and become a permanent resident in the United States.
The information provided throughout the Website is general in nature and may not apply to any particular set of facts or circumstances. It should not be construed as legal advice and does not constitute an engagement of Heller Immigration Law Group, LLP, or establish an attorney-client relationship.
One Immigrant's Lesson For Life
In my work as an immigration attorney, I meet and speak with countless people on any given day. Oftentimes, I get to know them very intimately. Very fortunately, I happen to like the vast majority of my clients and thus naturally begin to care about them and enjoy the positive relationship we create together. Among these memorable people who come to me for my advice but end up enriching my life, one client shared with me a lesson for life this week.
This client had come to the United States 12 years ago for a family visit. His mother, who was a permanent resident at the time, filed an immigrant petition for him hoping to live together with her son. Not knowing how long it was going to take, he first started studying English and helped with the family’s business to get familiarized with the new country and to prepare for his new life. After 10 years of waiting, his mother passed away from a long illness. His visa was still not available. Without a legal status or a work authorization, his life had been on hold with only limited freedom and means to pursue his life goals. He thought about giving up many times and returning to his home country. However, his home country was no longer a home to him. Even with the limited lifestyle, he had pursued life goals in the United States and had formed close relationship with people in this country. His mentor and spiritual advisers prayed for him and encouraged him not to give up his life goals. For this, he had to find a way to obtain a full legal status and came to us.
He did not have a potential employer or organization to sponsor him as of yet; in order to be accepted where he wished to be, he needed additional education, but he did not have the work authorization or status to support it. If his other sibling filed another petition for him now, it would take well over a decade. Although his mother’s petition was approved a long time ago, and his visa was going to be soon available, his sponsor, his mother, had already died. What options did he have?
In family sponsored immigrant petitions, the law was originally written in such a way that if the petitioner died before the immigration process was completed, the approved petition was automatically revoked unless there were humanitarian reasons for not doing so; even then, the law required the original sponsor to sign an affidavit of support.
Nowadays, family sponsored immigrant petitions, other than those involving immediate relatives, take such a long time that in some unfortunate cases, the petitioner dies before a visa becomes available for the beneficiary, rendering some heart-wrenching situations. These situations were finally brought to the attention of the lawmakers a couple of years ago. A young mother of two little children in San Francisco died of cancer before her Chinese mother’s immigrant visa became available. Her last dying wish was that her mother be allowed to stay in America to take care of her grandchildren, and the husband, the father of the two young children, said he would continue to support his mother-in-law. However, the law at the time did not allow that.
This family’s heart-breaking situation finally caught the lawmakers’ attention, which resulted in the Family Sponsor Act of 2001. The new amendment now allows an alternative sponsor if the original sponsor has died and if there are humanitarian reasons not to revoke the approved petition. Eligible alternative sponsors include the spouse, parent, mother-in-law, father-in-law, brother, sister, son, daughter, son-in-law, daughter-in-law of the beneficiary. As in the case of other sponsors, the sponsor must meet all of the requirements for a sponsor and maintain an annual income equal to at least 125 percent of the Federal Poverty Guidelines.
After learning about our client’s life in this aftermath of the new amendment, we felt strongly that there were humanitarian reasons why the Immigration Services should allow him to obtain green card based on a substitute sponsor’s affidavit of support.
Although truly experienced attorneys can assess the individual situation and articulate humanitarian reasons to come to a successful resolution in many cases, what is at the heart of these matters is what kind of life the individual has led. In our client’s case, it was his sincerity, his honesty, and his steadfastness that had gathered many supporters to his cause. It is impossible to live a life without leaving traces of fingerprints. My client’s trace of life convinced the immigration, even in its worst time, that he should be allowed to stay and become a permanent resident in the United States.
After 12 years of wait, he is anxious to fully expand his wings. After the approval, his comment to me was, “I learned not to ever give up. Thank you!”
The information provided throughout the Website is general in nature and may not apply to any particular set of facts or circumstances. It should not be construed as legal advice and does not constitute an engagement of Heller Immigration Law Group, LLP, or establish an attorney-client relationship.
Questions or comments, visit our site at hilglaw.com or email us at comments@hilglaw.com
Visa Story: Consular Processing
Visa stamps are for travel to the U.S. According to the purpose of the travel, one must have the appropriate visa. For example, if one is coming to the U.S. for short-term travel, a visitor’s visa or a visa waiver will do (in countries where such a short term visa is unnecessary); if one is coming to study in the U.S., one must use a student’s visa; if one is coming to engage in a gainful employment, then one must receive a suitably work-authorized visa; etc.
Many people who have changed their status with the INS after a previous entry (e.g., from B-2 to F-1, F-1 to H-1B, etc.) show great concern about getting a visa for their new status and next U.S. entry (after leaving the country for the first time). Is it true that Consulate Officers do not issue a visa to people who have changed their status while in the U.S.? It depends.
What did you say when you first applied for that visa under which you came to the U.S.? The consulate official will look up that record and read the file. And there will be notes! If you said you were going to visit a family member and, during your first trip, found an employer and changed status, the Consulate Officer would probably wonder if you had an intent to work in the U.S. when you applied for a visitor’s visa. However, if you had been using the visitor’s visa for years, coming and going many times and during one’s last trips an employer approached you, or an unforeseen opportunity arose, the Consulate Officer might be less suspicious.
Also, even on an ‘old’ visa, it is important to remember that when you present your visa to the Inspector at the border, you are again promising you will stay within the boundaries of the visa’s conditions. If you enter using the visitor’s visa and applied for a work-authorized visa within a few weeks, Consulate Officers as well as the BCIS will assume that you were dishonest with the Inspector. However, if you happen to change your mind during a rather long trip, and later in the trip, it is less likely that you had it planned a scheme to change status all along.
Did the succession of events take a natural course? When someone enters the U.S. under F-1, completes over several years the planned course of study, and then after graduation finds a job to gain more experience, there is no doubt that the visa applicant had an intent to be a full-time student when he/she entered on the F-1, and such change to H-1B later becomes much more acceptable, both to INS and later to the U.S. Consulate.
For these reasons, any experienced and qualified immigration lawyer will fully explore and question you about your visa/U.S. entry history and, only then, advise you accordingly. Before deciding to change status, have a thorough discussion with your attorney to see if it might be more preferable to return to one’s home country and return to the U.S. with a visa instead of changing status and then feeling that it is too risky to leave. That is no way to live, feeling like a prisoner even if in the U.S.
When applying for a visa at the U.S. Consulate, first try to get the most updated information by visiting the Consulate’s website. Then, fill out the application forms carefully and thoroughly. Uncompleted or partially completed forms will raise a red flag to the visa officer immediately. They are trained to presume the applicants are lying and omissions look to them like an attempt not to tell the truth. You are hiding something! Make sure to attach all the required documents and know your case. When we prepare our clients, we demand that they fully understand what has been stated in their visa petitions (already approved by BCIS) and in their change of status applications as well. If we are presenting their E-2 (Investor) case, they are given a complete copy of their package and we want them to read it as if studying for a test. If an interview is required, one must listen to the question and answer truthfully. Do not make the common mistake of “not answering the question” or repeating rehearsed answers. Do not lie on the application. Visa fraud, or the making of a material misrepresentation at the U.S. Consulate or at entry is a ground for deportation/inadmissibility and more often than not has no waivers.
Commonly s.214(b) is used as a ground for NIV denial because the applicant fails to establish strong ties to the home country and therefore it is unlikely in the mind of the official that one will return. What applicants do not understand, however, is s.214(b) is more often invoked because the applicant does not meet the standards of the visa category. For example, an applicant for a F-1 visa that has very low grades in his/her transcript will not be taken seriously for his/her intent to pursue further education in the U.S. Likewise, if an applicant for a religious worker visa does not have the membership, experience, and personal history to carry out the proposed duties in the U.S., his/her intent is more likely to be challenged.
Finally, now that you have a visa in your passport, how do you use it properly? Although most people understand that a valid passport and a visa stamp in it are required for travel to the U.S., few people know when they need a visa or what its terms and limitations are. Nationals from certain visa-waiver countries such as Canada, Japan, Australia, most European countries, etc., are often used to traveling to the U.S. without having to obtain a visitor’s visa. These individuals in many ways are just as likely to be naive about the necessity and conditions of their entry.
When a foreign national enters the U.S. and presents a ‘visa’ to the inspector, he/she is making a certain presentation. In particular, the entrant is promising to behave within the boundaries of the visa and not to abuse it. In the case of a national from a visa-waive country, if he/she enters the U.S. without another visa, he/she is coming in only for a temporary visitor’s purpose and not to work or reside in the U.S.
In conclusion, keep a clean history, make certain you apply for the appropriate visa category, and if you have a long-term goal, consult a qualified immigration attorney. Remember that proper visa usage is extremely important for any future changes of plans – whether it is to continue education, to gain work experience, to later marry someone you love in the U.S.
The information provided throughout the Website is general in nature and may not apply to any particular set of facts or circumstances. It should not be construed as legal advice and does not constitute an engagement of Heller Immigration Law Group, LLP, or establish an attorney-client relationship.
Visa Story: Consular Processing
Do you wish to apply for a visitor, student, or other visa to enter the U.S. but feel worried that the U.S. Consulate in your home country will not issue you a visa? Have you changed your status in the U.S. and need to travel overseas but do not have the visa to return to the U.S.? Do your friends tell you that nearly all visa applications are denied after change of status or that it is impossible to obtain a visa at your specific consulate? Do you wonder how you might strengthen your visa application? As a practitioner, we see two extreme attitudes in people when it comes to consular processing. Some people are unnecessarily afraid of applying for visa at a U.S. Consulate and try to avoid applying for visa at all cost, including being and feeling trapped in their own country and/or lying on the visa application forms, if they choose to apply. In contrast, there are visa applicants that are too casual about the process and as a result apply for a visa without taking the due care in preparing the application or reading it carefully. Too often, these individuals carelessly omit important information and don’t realize that this can cause problems for them later on. In this article, I hope to dispel some of the worries described above and help visa applicants to get prepared better for better and more successful consular processing.
1. When do I need to apply for a non-immigrant visa?
Visa stamps are for travel to the U.S. According to the purpose of the travel, one must have the appropriate visa. For example, if one is coming to the U.S. for short-term travel, a visitor’s visa or a visa waiver will do (in countries where such a short term visa is unnecessary); if one is coming to study in the U.S., one must use a student’s visa; if one is coming to engage in a gainful employment, then one must receive a suitably work-authorized visa; etc.
2. Applying for Visa after Change of Status
Many people who have changed their status with the INS after a previous entry (e.g., from B-2 to F-1, F-1 to H-1B, etc.) show great concern about getting a visa for their new status and next U.S. entry (after leaving the country for the first time). Is it true that Consulate Officers do not issue a visa to people who have changed their status while in the U.S.? It depends.
What did you say when you first applied for that visa under which you came to the U.S.? The consulate official will look up that record and read the file. And there will be notes! If you said you were going to visit a family member and, during your first trip, found an employer and changed status, the Consulate Officer would probably wonder if you had an intent to work in the U.S. when you applied for a visitor’s visa. However, if you had been using the visitor’s visa for years, coming and going many times and during one’s last trips an employer approached you, or an unforeseen opportunity arose, the Consulate Officer might be less suspicious.
Also, even on an ‘old’ visa, it is important to remember that when you present your visa to the Inspector at the border, you are again promising you will stay within the boundaries of the visa’s conditions. If you enter using the visitor’s visa and applied for a work-authorized visa within a few weeks, Consulate Officers as well as the BCIS will assume that you were dishonest with the Inspector. However, if you happen to change your mind during a rather long trip, and later in the trip, it is less likely that you had it planned a scheme to change status all along.
Did the succession of events take a natural course? When someone enters the U.S. under F-1, completes over several years the planned course of study, and then after graduation finds a job to gain more experience, there is no doubt that the visa applicant had an intent to be a full-time student when he/she entered on the F-1, and such change to H-1B later becomes much more acceptable, both to INS and later to the U.S. Consulate.
For these reasons, any experienced and qualified immigration lawyer will fully explore and question you about your visa/U.S. entry history and, only then, advise you accordingly. Before deciding to change status, have a thorough discussion with your attorney to see if it might be more preferable to return to one’s home country and return to the U.S. with a visa instead of changing status and then feeling that it is too risky to leave. That is no way to live, feeling like a prisoner even if in the U.S.
3. Be Prepared, Be Truthful!
When applying for a visa at the U.S. Consulate, first try to get the most updated information by visiting the Consulate’s website. Then, fill out the application forms carefully and thoroughly. Uncompleted or partially completed forms will raise a red flag to the visa officer immediately. They are trained to presume the applicants are lying and omissions look to them like an attempt not to tell the truth. You are hiding something! Make sure to attach all the required documents and know your case. When we prepare our clients, we demand that they fully understand what has been stated in their visa petitions (already approved by BCIS) and in their change of status applications as well. If we are presenting their E-2 (Investor) case, they are given a complete copy of their package and we want them to read it as if studying for a test. If an interview is required, one must listen to the question and answer truthfully. Do not make the common mistake of “not answering the question” or repeating rehearsed answers. Do not lie on the application. Visa fraud, or the making of a material misrepresentation at the U.S. Consulate or at entry is a ground for deportation/inadmissibility and more often than not has no waivers.
4. S.214 (b) Denial
Commonly s.214(b) is used as a ground for NIV denial because the applicant fails to establish strong ties to the home country and therefore it is unlikely in the mind of the official that one will return. What applicants do not understand, however, is s.214(b) is more often invoked because the applicant does not meet the standards of the visa category. For example, an applicant for a F-1 visa that has very low grades in his/her transcript will not be taken seriously for his/her intent to pursue further education in the U.S. Likewise, if an applicant for a religious worker visa does not have the membership, experience, and personal history to carry out the proposed duties in the U.S., his/her intent is more likely to be challenged.
5. How do I use a visa?
Finally, now that you have a visa in your passport, how do you use it properly? Although most people understand that a valid passport and a visa stamp in it are required for travel to the U.S., few people know when they need a visa or what its terms and limitations are. Nationals from certain visa-waiver countries such as Canada, Japan, Australia, most European countries, etc., are often used to traveling to the U.S. without having to obtain a visitor’s visa. These individuals in many ways are just as likely to be naive about the necessity and conditions of their entry.
When a foreign national enters the U.S. and presents a ‘visa’ to the inspector, he/she is making a certain presentation. In particular, the entrant is promising to behave within the boundaries of the visa and not to abuse it. In the case of a national from a visa-waive country, if he/she enters the U.S. without another visa, he/she is coming in only for a temporary visitor’s purpose and not to work or reside in the U.S.
What if you have several visas in your passport? You must use the visa that is most appropriate for the purpose of your entry. For example, a foreigner may have a visitor’s visa as well as an H-1B visa, and both visas are valid for the next few more years. When the foreigner is entering the U.S. for his/her H-1B employment, he/she must use the H-1B visa so that the inspector at the border will assign an appropriate status to the entrant. If his/her H-1B employment has been completed, and the entrant is only entering for a short visit, the entrant must use his/her B-1/B-2 visa.
Once in a while, a permanent resident, who has been abroad for an extended period of time, might contemplate re-entering the U.S. as a visitor. This is an act that practically renounces his/her permanent residence. A permanent resident should always be able to show his/her intent to make the U.S. his/her permanent home.
In conclusion, keep a clean history, make certain you apply for the appropriate visa category, and if you have a long-term goal, consult a qualified immigration attorney. Remember that proper visa usage is extremely important for any future changes of plans – whether it is to continue education, to gain work experience, to later marry someone you love in the U.S.
The information provided throughout the Website is general in nature and may not apply to any particular set of facts or circumstances. It should not be construed as legal advice and does not constitute an engagement of Heller Immigration Law Group, LLP, or establish an attorney-client relationship.
Questions or comments, visit our site at hilglaw.com or email us at comments@hilglaw.com
Acquisition of U.S Citizenship by Naturalization
U.S. Citizenship may be acquired by operation of law (i.e., birth in the U.S. or birth abroad to U.S. citizens or nationals) or by naturalization. In this article, I will explain the latter. However, if you have any doubt about the possibility of deriving your U.S. citizenship from one of your parents who is U.S. citizen, or the possibility of your child's U.S. citizenship, you should contact a qualified immigration lawyer to know for sure.
To acquire U.S. citizenship by naturalization, the applicant must first be a lawfully admitted permanent resident. He/she may ask, "Why do I want to become a U.S. citizen?" and "What is the difference between the rights of one with a 'green card' and those of a U.S. citizen?". Finally, and often most importantly is "If I apply for naturalization, do I lose my own citizenship?"
Although it is ultimately a personal choice, several factors may sway one to become a U.S. citizen. First, there are many ways one can lose permanent resident status and be excluded or deported from the U.S., especially with '9/11', whereas a U.S. citizen will always remain a citizen regardless of his/her conduct. For example, long absences from the U.S. can be interpreted at the border as abandonment of permanent residency, and many, even minor, criminal convictions can trigger removal. As explained in the previous column, maintaining a permanent resident status should not be taken lightly, and, in fact, is not easy.
Secondly, acquiring U.S. citizenship often may prove to be useful in the future, i.e., if one later decides to marry or bring other family members, most often parents. The visa waiting line for permanent residents' spouse and other family members is so long that it is often faster to wait for the petitioning permanent resident to obtain citizenship.
Third, in times of emergency, U.S. citizens are more likely to receive protection from the U.S. government than permanent residents are. This may be a concern to some individuals who are adventurous or committed to international issues and travel to remote or potentially dangerous places. Lately, we heard about Chinese scholars, who are permanent resident of the U.S., being detained by the Chinese government under the suspicion of espionage while they were conducting academic research. In reality, once one gains a permanent resident status in another country, one's allegiance to the home country may be already in doubt from the perspective of the home country. This can potentially create a limbo status in which one does not belong to any country and cannot expect assistance or protection. The above point brings the issue of dual citizenship. A person may be a citizen of more than one country. Dual citizenship situations arise because there is no single international norm on the acquisition of citizenship. Some countries follow the jus soli principle while others adhere to the jus sanguinis rule. Dual citizenship situations arise under several circumstances, including: by birth in the U.S. to parents who are nationals of a country that bases its citizenship on parentage; by birth in a foreign country that follows jus soli to at least one U.S. citizen parent; by naturalization of a U.S. citizen in a foreign state, provided the U.S. citizen is not found to harbor the intent to relinquish U.S. citizenship; by naturalization in the U.S. of a foreign national where the foreign country does not recognize any expatriation, etc.
Dual citizenship is not explicitly allowed or disallowed in the U.S., and yet it is not favored under law because the oath of allegiance to one country may conflict with one's allegiance to another country.
Although U.S. law does not require a dual national to elect one nationality over another, and therefore effectively allows dual citizenship, some countries take a position that the oath of allegiance to the U.S. expatriates the person from his/her citizenship, which disallows dual citizenship. In such situation, one must consider the practical reality that the acquisition of U.S. citizenship can be viewed as an evidence of lack of loyalty to the mother country and may have negative influence on his/her career if he/she wishes to return to home country.
If you have considered all the above issues and wish to apply for U.S. citizenship by finding out if you are eligible for it, please read the rest of the article that will discuss the requirements and regulations regarding naturalization.
Now if you have read my caveat, considered all the preliminary issues, and wish to become a U.S. citizen by naturalization, you need to find out the requirements and your eligibility for naturalization.
You may apply for naturalization if you are at least 18 years of age, are a lawfully admitted and continuous permanent resident, and have satisfied the 5-year/30-month (or 3-year/18 month) residency requirements. You must also be a person of good moral character. While the first requirement is self-explanatory, the last three requirements are not as clear. If you have any doubt, you should discuss in detail your eligibility with a qualified immigration lawyer before beginning the N-400 application.
In addition to the above basic requirements, one must show the examiner your knowledge of the history and government. There are other important considerations, that are less known to the public. For example, if you received your green card based on employment (no matter how long ago), you may be required to show that you worked for your sponsor after the grant of permanent residency (green card). As an immigration lawyer, I see many applicants come to us in panic after they were asked at the naturalization interview for such evidence. Similarly, if your green card was based on a marriage to a U.S. citizen and you are no longer married to the same spouse, the circumstances must be explained.
Further, the BCIS now increasingly inquires into the applicant's prior conduct and moral character past the five-year statutory period. If you have had any brush with the law, either in the U.S. or abroad, throughout your life, you must discuss it with your attorney and be prepared to produce all records and criminal dispositions.
Special Situations
In some special situations, you may be able to get naturalized without meeting the basic requirements described above. If you are married to a U.S. citizen and your spouse is employed abroad by qualified U.S. business entities such as the U.S. Government, research institution, qualifying U.S. firm or corporation, or certain other personnel performing duties abroad, you may preserve your residency by notifying the BCIS beforehand. If you must leave the U.S. for one of the stated reasons and wish to qualify for naturalization within the statutory period, again, please call an experience immigration lawyer to discuss your situation.
Finally, there has been a new development regarding minor children of U.S. citizens. According to the new law, if at least one of the parents becomes naturalized, his/her minor children derive their U.S. citizenship from their parent's without making a separate application.
Good Moral Character
Generally, an applicant must show that he or she has been a person of good moral character for the statutory period (typically five years or three years if married to a U.S. citizen or one year for Armed Forces expedite) prior to filing for naturalization. The Service is not limited to the statutory period in determining whether an applicant has established good moral character. An applicant is permanently barred from naturalization if he or she has ever been convicted of murder. An applicant is also permanently barred from naturalization if he or she has been convicted of an aggravated felony as defined in section 101(a)(43) of the Act on or after November 29, 1990. A person also cannot be found to be a person of good moral character if during the last five years he or she:
Has committed and been convicted of one or more crimes involving moral turpitude
Has committed and been convicted of 2 or more offenses for which the total sentence imposed was 5 years or more
Has committed and been convicted of any controlled substance law, except for a single offense of simple possession of 30 grams or less of marijuana
Has been confined to a penal institution during the statutory period, as a result of a conviction, for an aggregate period of 180 days or more
Has committed and been convicted of two or more gambling offenses
Is or has earned his or her principal income from illegal gambling
Is or has been involved in prostitution or commercialized vice
Is or has been involved in smuggling illegal aliens into the United States
Is or has been a habitual drunkard
Is practicing or has practiced polygamy
Has willfully failed or refused to support dependents
Has given false testimony, under oath, in order to receive a benefit under the Immigration and Nationality Act.
An applicant must disclose all relevant facts to the Service, including his or her entire criminal history, regardless of whether the criminal history disqualifies the applicant under the enumerated provisions.
Language Applicants for naturalization must be able to read, write, speak, and understand words in ordinary usage in the English language. Applicants exempt from this requirement are those who on the date of filing:
Have been residing in the United States subsequent to a lawful admission for permanent residence for periods totaling 15 years or more and are over 55 years of age;
Have been residing in the United States subsequent to a lawful admission for permanent residence for periods totaling 20 years or more and are over 50 years of age; or
Have a medically determinable physical or mental impairment, where the impairment affects the applicant's ability to learn English.
United States Government and History KnowledgeAn applicant for naturalization must demonstrate a knowledge and understanding of the fundamentals of the history and of the principles and form of government of the United States. Applicants exempt from this requirement are those who, on the date of filing, have a medically determinable physical or mental impairment, where the impairment affects the applicant's ability to learn U.S. History and Government.
Applicants who have been residing in the U.S. subsequent to a lawful admission for permanent residence for at least 20 years and are over the age of 65 will be afforded special consideration in satisfying this requirement.
Oath of Allegiance To become a citizen, one must take the oath of allegiance. By doing so, an applicant swears to:
support the Constitution and obey the laws of the U.S. ;
renounce any foreign allegiance and/or foreign title; and
bear arms for the Armed Forces of the U.S. or perform services for the government of the U.S. when required .
In certain instances, where the applicant establishes that he or she is opposed to any type of service in armed forces based on religious teaching or belief, USCIS will permit these applicants to take a modified oath.
These are general guidelines only. If you wish to discuss your eligibility, please e-mail a brief description of your situation to heller@hilglaw.com.
The information provided throughout the Website is general in nature and may not apply to any particular set of facts or circumstances. It should not be construed as legal advice and does not constitute an engagement of Heller Immigration Law Group, LLP, or establish an attorney-client relationship.
Questions or comments, visit our site at hilglaw.com or email us at comments@hilglaw.com
