Archive for month: October, 2019

New changes coming to the citizenship test in 2020 or 2021

Florida is home to a large immigrant population. Most of these people hail from Latin American and Caribbean countries, but there are migrants from all over the world. While some immigrants are content with permanent residency status, others take the extra steps to become a citizen. This requires more than paperwork and a ceremony. It also involves passing a test.

In the summer of 2019, the Trump administration announced that it planned to revise the test for the first time in 10 years. USCIS did not give details on what it planned to change but mentioned that it wanted to ensure it more accurately measured the civics knowledge of naturalization applicants. The test currently includes 10 questions pulled from a sample of 100. Immigrants must answer six of these questions correctly to pass the test. A group is reportedly already working on updating the questions.

Many immigrants feel concerned about these changes because of the timing. The announcement came in the middle of a feud between the president and several Congresswomen, who he reportedly told to go back to their respective countries. Three of the women are U.S.-born citizens and one migrated to the U.S. more than two decades ago.

CNN points out that for this and other reasons, immigrants have good reason to feel concerned about the changes. The USCIS director reportedly stated that while people may feel paranoid about the test updates, the new test will only be another version of the same civics exam. The new test may be implemented by late 2020 or early 2021.

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Are you eligible for a provisional unlawful presence waiver?

As someone currently residing in Florida in the midst of registering as an immigrant, you may have heard of provisional unlawful presence waivers. Though this may sound like it could help you out in your current situation, it is equally important to understand that you must fit certain requirements in order to be eligible to apply for one.

The U.S. Citizenship and Immigration Services takes a look at the eligibility requirements that are necessary if you intend on applying for a provisional unlawful presence waiver. First, you must be at least 17 years of age. You need to be physically present in the country at the time of filing, as you will need to file in person and provide biometrics. You must be able to show that if your entrance to the country is refused, it would cause extreme hardship to the citizen or Legal Permanent Resident that is sponsoring you.

Additionally, you must be in the process of getting your immigrant visa already. You need to have an immigrant visa case pending with the Department of State. Additionally, your case will only qualify if it falls under certain descriptions, such as if you are a Diversity Visa program selectee or the child or spouse of a principle beneficiary. Finally, if you believe you are inadmissible, it must be because you were unlawfully present in the country for either a year during a single stay, or between 180 days but less than a year during a single stay.

There are other requirements as noted in the instructions of additional forms that you will get with the paperwork needed to file your waiver. It’s important for you to look over all of those carefully as well.

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Can you appeal an immigration decision?

Every year, Florida residents wait for word on their visa status. If you receive a visa denial or revocation, you may be looking for a way to appeal the decision. In some cases, you may suffer unfair denial of your visa petition. If this happens, there is some recourse for those who deal with an unfavorable decision.

According to the U.S. Citizenship and Immigration Services, you may appeal decisions to the USCIS Administrative Appeals Office or to the Board of Immigration Appeals. These entities have jurisdiction over several types of immigration cases.

When you receive your revocation or denial notice, there will be information on your appeal rights. If you can appeal the decision, these documents will inform you of how. If it states that you can appeal the decision, it will also tell you where to file said appeal. If your case is ineligible for appeal, you may still file a motion to the USCIS office to review the decision.

Most of the time, you have about 30 days to file the appeal. The clock begins to tick from the date of the decision. In instances where you have a revocation of approval of a petition, you may only have 15 days to file the appeal. No matter when you receive the notice, you want to appeal the decision as quickly as possible.

To appeal, you do not need to submit a brief. To make your appeal, you will need to identify any errors in the decision. If you cannot do that, then the USCIS may deny your appeal.

The above article is for educational purposes and is not intended to be legal advice.

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