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 QUOTA REACHED FOR FISCAL YEAR 2012 (OCT. 2011 - SEPT. 2012)

The annual cap of 65,000 H-1B visas for the 2012 fiscal year, which began October 1, 2011, was reached on November 22, 2011. The window of time to apply for the 2012 visas ran from April 1, 2011 to November 22, 2011; and the next window, applicable to the 2013 fiscal year, will not open until April 1, 2012. As the economy strengthens, it is likely that the quota of 65,000 will be reached well before November of 2012, so plan to file for new H-1Bs as early in the year as possible. Bear in mind that as long as demand exceeds the annual supply of H-1Bs, the start date of new H-1B workers may need to be deferred until October 1, when a new allotment of H-1B visas becomes available. .

Remember that not all foreign workers are subject to the caps. Existing employees applying for extension of current H-1B status are not subject to a cap, and certain employers are exempted. Additionally, certain students authorized for optional practical training ("OPT") may be eligible to continue working in optional practical training status until H-1B visas become available.


EMPLOYMENT VISAS SURGE AHEAD

The China and India second preference cut-off dates have advanced rapidly in recent months. This is welcome news to the Chinese and Indian workers, and their United States-based employers, who have been waiting years to file for U.S. permanent residency.


IMMIGRATION LEGISLATION, 2011

In 2011, several bills were introduced in Congress that relate to immigration issues other than enforcement, which dominated the immigration legislation arena in previous years. Chandler Law Firm, LLC applauds the increased attention to immigration issues and, particularly, to reform of the existing legal immigration system. Easing restrictions on the immigration of highly-skilled persons and entrepreneurs is the subject of several recently-introduced bills.


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