Chandler Law Firm LLC

IMMIGRATION MATTERS

A Column by Kimberley A. Chandler, Immigration Attorney
November, 2009

Naturalization: The Final and Greatest Reward

It is not easy to become a United States citizen. Those of us who claim that status simply because we were born here tend to take our citizenship for granted. We shouldn't. It is a gift for which we should be grateful; one that is coveted by people from every corner of the world.

What's so tough about becoming a United States citizen? Applying for naturalization is not complicated, but getting to that point is complicated and lengthy. Nearly everyone who is eligible for naturalization must have resided, as a lawful permanent resident, or “green card holder,” in the United States for several years. Becoming a lawful permanent resident is an arduous process that begins with proving that you are eligible because of a close family relationship with a United States citizen or permanent resident or because you have a job skill that is in demand, along with a job offer. The process concludes with an assessment of whether your background – including health, legal issues and financial status – precludes you from becoming a permanent resident. The process of becoming a permanent resident, if successful, generally takes from two to twenty years. Add to that the usual requirement that one live three to five years in the United States as a permanent resident before applying for naturalization, and the road to citizenship seems interminable!

In addition to completing an application, those wanting to become naturalized United States citizens must pass an oral examination on United States history, government and geography. For many baby boomers, those questions are easy; but, for our young people . . . not so much. I'm afraid that the televised exchanges between Jay Leno and various young adults typify the younger generation's level of knowledge about our country's history, government and geography. One question Leno posed was, “How many stars are there on the United States flag?” The answer: “The wind won't stop blowing so I can count them.” Another question was, “Can you name our neighboring country to the north?” The answer: “Mexico.”

Our newly-naturalized United States citizens not only know the answers to these basic questions; they are proud of their knowledge. Most study very hard to prepare for citizenship. To them, United States citizenship is an honor and a blessing.

If you have never been to a naturalization ceremony, why not attend one? The speakers are usually inspirational, and the excitement and emotion of the new citizens is palpable. Most importantly, it is a powerful reminder of what a treasure United States citizenship is.

 

This article should not be relied upon as legal advice. Consult an immigration attorney for advice specific to your situation.

 

 

NEWS

H-1B CAP FOR FISCAL YEAR 2010 REACHED

On December 22, 2009, USCIS announced that it has received a sufficient number of H-1B petitions to reach the cap of 65,000 for fiscal year 2010. That means that petitions for new H-1B workers will not be accepted until April 1, 2010 for work commencing on or after October 1, 2010. USCIS will continue to process only petitions filed to extend time that a current H-1B worker may remain in the United States; petitions to change the terms of employment for current H-1B workers; petitions to allow current H-1B workers to change employers; and petitions to allow current H-1B workers to work concurrently in a second H-1B position.


H-2B VISAS REMAIN AVAILABLE FOR WORK COMMENCING PRIOR TO APRIL 1, 2010


ARTICLES

Immigrants, Welfare and Taxes

These are tough economic times, and tax season makes it even harder. Vitriolic talk and finger-pointing at alleged sources of our economic distress abound. Immigrants are a common target. “They,” say anti-immigration advocates, “have invaded our country, don’t pay taxes and collect welfare.” Is there any truth to such bold, inflammatory statements?

Is Unifying Families Really an Immigration Priority?

Most people who immigrate to the United States are able to do so because they have a close relative in the United States who petitions for them or because they have a job skill that is needed by a United States employer. The process, in either case, is a lengthy one, usually taking several years from start to finish. The wait is discouraging and impractical for prospective immigrants who are needed by United States employers; but for close family members, the wait is agonizing and, perhaps, impossible.


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