IMMIGRATION
Services formerly provided by he Immigration and Naturalization Service (INS) have been transitioned into the Department of Homeland Security (DHS) under U.S. Citizenship & Immigration Services (USCIS). USCIS processes all immigrant and non-immigrant benefits provided to visitors of the United States, including citizenship, asylum, lawful permanent residency, employment authorization, refugee status, inter-country adoptions, replacement immigration documents, family and employment related immigration, and foreign student authorization.
IMMIGRANT VISAS
Permanent Visas allow foreign nationals to remain in the U.S. for an indefinite period time. The document used as an evidence of permanent residency is called a “green card”. There are several ways to obtain permanent resident status in the U.S.:
- Through a relative who is citizen of the U.S. or a relative who is a lawful permanent resident
- Through a permanent employment opportunity or through an employer that will sponsor the application for permanent residency based on permanent residence
- Through an engagement in a new commercial enterprise/investment
- Through the Diversity/Green Card Lottery program
- Through the Legal Immigration Family Equity (LIFE) Act
- Through the Violence Against Women Act
- Through an International adoption
NON-IMMGRANT VISAS
Non-immigrant visas allow individuals to stay in the U.S. on a temporary basis. Non-Immigrant visas are given for:
- Business trips
- Temporary workers
- Students attending schools in the U.S.
- Exchange visitors
- Professionals of the North American Free Trade Agreement (NAFTA)
IMMIGRATION THROUGH FAMILY PETITION
U.S. citizens may petition for the following foreign national relatives to immigrate to the U.S. but must present proof of relationships:
- Husband or wife;
- Unmarried child under 21 years old;
- Unmarried son or daughter over 21;
- Married son or daughter of any age;
- Brother and sister, if the petitioner is at least 21 years old; or
- Parent, if the petitioner is at least 21 years old.
Lawful permanent residents may petition for the following foreign national relatives:
Husband and Wife; or
Unmarried son or daughter of any age
People who want to become immigrants are classified into categories based on a preference system. The immediate relatives of U.S. citizens, which includes parents, spouses and unmarried children under the age of 21, do not have to wait for an immigrant visa number to become available once the visa petition filed for them is approved by the USCIS. The relatives in the remaining categories must wait for an Immigrant Visa number to become available according to the following preferences:
First Preference: Unmarried, adult sons and daughters of U.S. citizens. Adult means 21 of age or older.
Second Preference: Spouses of lawful permanent residents, their unmarried children (under twenty-one), and unmarried sons and daughters of lawful permanent residents.
Third Preference: Married sons and daughters of U.S. citizens
Fourth Preference: Brothers and sisters of adult U.S. citizens.
IMMIGRATION THROUGH EMPLOYMENT
There are five categories for granting permanent residence to foreign nationals on employment skills.
EB-1 Priority workers
Foreign nationals of extraordinary ability in the sciences, arts, education, business or athletics; foreign nationals that are outstanding professors or researchers and foreign nationals that are managers and executive subjects to international transfer to the United States.
EB-2 Professionals with advanced degrees r persons with exceptional ability
Foreign nationals of exceptional ability in the sciences, arts or business; foreign national that are advanced degree professionals and qualified alien physicians who will practice medicine in an area of the U.S. which is underserved
EB-3 Skilled or Professional workers
Foreign National professionals with bachelor’s degrees (not qualified for a higher preference category); foreign nationals skilled workers (minimum two years training and experience) and foreign national unskilled workers)
EB-4 Special Immigrants
Foreign National religious workers and employees and former employees of the U.S. Government abroad
EB-5 Immigrant Visitors
VIOLENCE AGAINST WOMEN ACT
Under the violence against women ACT
Under the Violence Against Women ACT (VAWA) passed by congress in 1994, the spouses and children of United States citizens or lawful permanent residents (LPR) may self petition to obtain lawful permanent residency. The immigration provisions of VAWA allow certain battered immigrants to file for immigration relief without the abuser’s assistance or knowledge, in order to seek safety and independence from the abuser
TEMPORARY PROTECTED STATUS
Temporary Protected Status (TPS) is a temporary immigration status granted to eligible nationals of designated countries (or parts thereof). It is given to foreign nationals in the United States who are temporarily unable to safely return to their home country because on ongoing armed conflict, the temporary effects of an environment disaster, or other extraordinary and temporary conditions. During the period for which a country has been designated under TPS program, TPS beneficiaries may remain the United States and may obtain work authorization. However, TPS does not lead to permanent resident status.
ASYLUM
Individuals in the U.S in need of Protection based on previous persecution or fear of persecution on account of their race, religion, nationality, membership in a particular social group, or political opinion are permitted to remain in the United States, if found eligible. The U.S Asylum program provides protection to qualified refugees who are already in the United States or are seeking entry into the United States at a port of entry. Asylum-seekers may apply for asylum in the United States regardless of their country of origin.
NATURALIZATION
Naturalization is the process by which U.S. citizenship is conferred upon a foreign citizen or national after he or she fulfills the requirements established by Congress in the Immigration and Nationality Act (INA). The general requirements for administrative naturalization include:
A period of continuous residence and physical presence in the United States;
Residence in a particular USCIS District prior to filing;
An ability to read, write, and speak English;
A knowledge and Understanding of U.S. history and government;
Good moral Character:
Attachment to the principles of the U.S. Constitution; and,
Favorable disposition toward the United States
All Naturalization applicants must demonstrate good moral character, attachment and favorable disposition.
Civics (History and Government) Questions for the Redesigned (New) Naturalization Test
The 100 civics (history and government) questions and answers for the redesigned (new) naturalization test are listed below. Applicants, who filed the Application for Naturalization, Form N-400, on or after October 2008, should study this list. The civics test is an oral test and the USCIS Officer will ask the applicant up to 10 of the 100 civics questions. An applicant must answer 6 out of 0 questions correctly to pass the civics portion of the naturalization test.
Although USCIS is aware that there may be additional correct answers to the 100 civics questions, applicants are encouraged to respond to the civics questions using the answers provided below.
AMERICAN GOVERNMENT
3. The idea of self-government is in the first three words of the Constitution. What are these words?
- 2- * If you are 65 years old or older and have been a legal permanent resident of the United States for 20 or more years, you may study just the questions that have been marked with an asterisk.www.uscis.gov
▪ You can practice any religion, or not practice a religion.
- - * If you are 65 years old or older and have been a legal permanent resident of the United States for 20 or more years, you may study just the questions that have been marked with an asterisk.www.uscis.gov
▪ Answers will vary. [District of Columbia residents and residents of U.S. territories should answer that D.C. (or the territory where the applicant lives) has no U.S. Senators.]
▪ Answers will vary. [Residents of territories with nonvoting Delegates or Resident Commissioners may provide the name of that Delegate or Commissioner. Also acceptable is any statement that the territory has no (voting) Representatives in Congress.]
30. If the President can no longer serve, who becomes President?
31. If both the President and the Vice President can no longer serve, who becomes President?
- - * If you are 65 years old or older and have been a legal permanent resident of the United States for 20 or more years, you may study just the questions that have been marked with an asterisk.www.uscis.gov
▪ John Roberts (John G. Roberts, Jr.)
41. Under our Constitution, some powers belong to the federal government. What is one power of the federal government?
- 5- * If you are 65 years old or older and have been a legal permanent resident of the United States for 20 or more years, you may study just the questions that have been marked with an asterisk.www.uscis.gov
42. Under our Constitution, some powers belong to the states. What is one power of the states?
▪ Answers will vary. [District of Columbia residents should answer that D.C. does not have a Governor.]
▪ Answers will vary. [District of Columbia residents should answer that D.C. is not a state and does not have a capital. Residents of U.S. territories should name the capital of the territory.]
- 6- * If you are 65 years old or older and have been a legal permanent resident of the United States for 20 or more years, you may study just the questions that have been marked with an asterisk.www.uscis.gov
AMERICAN HISTORY
- - * If you are 65 years old or older and have been a legal permanent resident of the United States for 20 or more years, you may study just the questions that have been marked with an asterisk.www.uscis.gov
▪ because the British army stayed in their houses (boarding, quartering)
- 9- * If you are 65 years old or older and have been a legal permanent resident of the United States for 20 or more years, you may study just the questions that have been marked with an asterisk.www.uscis.gov
▪ Japan, Germany, and Italy
82. Before he was President, Eisenhower was a general. What war was he in?
83. During the Cold War, what was the main concern of the United States?
85. What did Martin Luther King, Jr. do?*
86. What major event happened on September 11, 2001, in the United States?
INTEGRATED CIVICS
[Also acceptable are New Jersey, near New York City, and on the Hudson (River).]
▪ Martin Luther King, Jr. Day
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