Take Action – The Gift You Haven’t Given
Part Fifteen in a Series
By: Jeanne Morales, Attorney
Christmas is now behind us, and your children received toys and other presents from you. But if you are a permanent resident (you have a green card), and your children under 18 are also permanent residents, then there is a gift that you have not given them.
As permanent residents, you and your children are NON-CITIZENS. That means that you are subject to immigration law. It also means that there are benefits that you and your children are not entitled to, because you are not U.S. citizens.
A permanent resident, you can get out of the immigration world by becoming a naturalized U.S. citizen. You file a form, you pay a fee, you take a test, and you swear an oath of allegiance to the United States. Once you are a U.S. citizen, you get all of the rights and responsibilities of a U.S. citizen, and none of the uncertainty of being a permanent resident.
Yes – there is uncertainty if you only have a green card. The law allowing you to live and work in the U.S. could be changed at any time, and then you would be made to return to your country. Don’t think that it cannot happen – we are seeing signs of just such change with the current political administration. And that is not the only uncertainty; if you are accused of a crime, you could be deported, even if you have a green card.
But back to the gift that you can give your children – if you have children under the age of 18, who are legal permanent residents and live with you in the United States, then when you become a naturalized U.S. citizen, they automatically become U.S. citizens. No fee for them. No test for them. They wake up in the morning a legal permanent resident, and they go to bed that night a U.S. citizen.
You can get your children to the safest possible status in the U.S. for no fee whatsoever, by merely becoming a naturalized citizen yourself. What a great gift!! If you don’t naturalize, or you wait until your children reach the age of 18, then each child will have to go through the naturalization process themselves. That means they will have to apply, pay a fee, and take a test. They will have to go through the process during a time when they might have other goals for themselves – many young adults want “freedom” and don’t want to study for a test. They may pass up job opportunities because they are not a U.S. citizen. Or, in the worst-case scenario, that young adult could use their “freedom” to get into the kind of trouble that would get them deported.
A parent who naturalizes can give their permanent resident children the benefit of U.S. citizenship. They can also make sure that when their children become adults, they have the maximum benefits available to U.S. citizens, and they are protected from deportation for the rest of their life – and that is a precious gift for any child.
Published on: December 28th 2019
Take Action – The Cost is Rising
Part Fourteen in a Series
By: Jeanne Morales, Attorney
It has happened; the government will raise the price of becoming a U.S. citizen. It is likely that before January the cost to file the paperwork will go up by $475 for roughly 9 million permanent residents eligible to become U.S. citizens. A filing fee that now costs $725 will cost $1,200 in 2020.
There is no reason to wait any longer – although U.S. citizenship is worth any price, there is no reason to pay an extra $475 if you can file before the price increase goes into effect. If you file before the end of the year, it is likely that you will have approximately 3-6 months to prepare for the interview – more than enough time to memorize the group of 100 questions that you could possibly be asked.
It is not just the cost that is changing in 2020; the test itself will be changing. The new test should go into effect around the end of 2020 – so right now, you have one year to get in under the old test. But you have only until the end of the year to file under the current fee.
The fact that the government is changing immigration rules, increasing costs, and making it harder to get legal or stay legal should alarm anyone who is a NON-CITIZEN. But those who are permanent residents and have green cards have the ability to get off the immigration carousel – they can naturalize and become U.S. citizens. They can protect themselves and their family from the harm that deportation brings. Additionally, they can use their power as a U.S. citizen to help to change immigration law through advocacy and voting.
You may feel that your life is going well, and you don’t need to spend any money on naturalizing – but your “good life” could all be gone if you are deported as a NON-CITIZEN. The nine million permanent residents who are eligible to naturalize should be rushing to take advantage of the opportunity before the prices go up. Here are some people who would love to spend $725 to become a U.S. citizen:
- The man who was picked up by the local police after a traffic violation, and now sits in jail waiting to be picked up by ICE. He has a five-year-old with cardiac issues and Down’s Syndrome; since the mother is not around, the child with probably be placed with CPS for adoption. He would love to be able to naturalize;
- An older man, who has been a permanent resident for thirty years, sitting in immigration detention because he never naturalized. He faces deportation and the loss of his social security retirement. He would love to be able to naturalize;
- The veterans who served in the United States military, risking their lives in combat, but were later deported as NON-CITIZENS. They would love to be able to naturalize;
- The woman who thought that she had lots of time to naturalize, and kept putting it off – even though as a U.S. citizen, she could have petitioned for her mother to join her in the U.S. Now that her mother was tortured and killed by the cartels, the woman can still naturalize, but she has lost the ability to keep her mother safe.
Of course, I am prevented from telling you these people’s identities, but their stories and the stories of many others who did not protect themselves through naturalization are in every immigration attorney’s files.
If you are a permanent resident and can naturalize – do it! Do it now! Otherwise, these may be the next stories:
- The NON-CITIZEN parents who chose not to seek healthcare for their children because it might trigger a “public charge” accusation and deportation for the family;
- The college student who lost out on scholarships because she was not a U.S. citizen;
- All the green card holders, who thought when they obtained their status, that they were “permanent” residents . . . and then different people came to power in the government who decided to just change the law and tell all the NON-CITIZENS to go home.
Naturalize. Now.
Published on: November 20th 2019
Naturalize Now!
Take Action – Non-citizen Veterans
Part Thirteen in a Series
By: Jeanne Morales, Attorney
Serving in the U.S. military is a great accomplishment, and on Veterans Day we honor everyone who served, even if they are not a U.S. citizen. The Department of Defense estimates that there are approximately 25,000 non-citizens currently serving in the U.S. military. Joining the military can lead to benefits that help the naturalization process, such as lower requirements for residency and a waiver of the application fee.
The United States places great emphasis on rewarding and recognizing those who have served in the military. However, either through bureaucratic mismanagement or “red-tape” between federal departments, there are times when someone who is a veteran never receives the benefit of becoming a U.S. citizen.
Even someone who has been in combat for the United States, even if they were wounded or disabled, if they did not naturalize, they are a NON-CITIZEN who can be deported.
This is not to say that the immigration authorities are prowling around looking for veterans to deport, but anytime any NON-CITIZEN gets in trouble with the law, it can lead to deportation. Although there is no excuse for lawbreaking, many courts are recognizing that certain types of criminal activity can be a result of PTSD and traumatic brain injury incurred in military service. Some courts send those offenders to rehabilitation, and not to jail. Regardless of how the incident is treated in the courts, a NON-CITIZEN could be stripped of their permanent resident status and deported.
U.S. Immigration and Customs Enforcement (ICE) has developed policies for handling cases of NON-CITIZEN veterans who may be subject to removal from the United States, but does not consistently adhere to those policies, and does not consistently identify and track such veterans. When ICE agents and officers learn they have encountered a potentially removable veteran, ICE policies require them to take additional steps to proceed with the case. A June 2019 study by the Government Accounting Office found that ICE did not consistently follow its policies involving veterans who were placed in removal proceedings from fiscal years 2013 through 2018. Additionally, ICE does not even maintain a database capable of tracking NON-CITIZEN veterans – so there is no way to tell if they ever start following their own policy.
Some might believe that it is the individual’s fault; after all, the law makes it easy for someone in the military to naturalize – so why didn’t they take care of it before it became a problem?
USCIS, the federal agency in charge of processing citizenship applications closed all of its offices at US Army basic training locations in January 2018, putting up a roadblock for immigrant recruits who wanted to become citizens before deploying to combat. The naturalization process is also different for military members, in that they have to get paperwork from and through their command, and that can slow down the process.
It should be noted that NON-CITIZEN veterans who are deported are still entitled to their veteran’s benefits, but it is difficult if not impossible for them to receive their benefits or obtain service-connected health care if they are outside the United States.
On October 28, 2019, the Veteran Deportation Prevention and Reform Act (H.R.4890) was introduced in an attempt to correct the problem of veteran deportation. The legislation is a step in the right direction; on this Veterans Day, everyone should write their congressman and let them know how they feel about the issue.
For anyone who believes that having the status of permanent resident (green card) is all they need, this should be a lesson. If the U.S. government will deport a veteran because they are a NON-CITIZEN, then no one is safe. Naturalize Now!!
Published on: November 11th 2019
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Take Action – La Patria México – Uncle Sam
Part Twelve in a Series
By: Jeanne Morales, Attorney
There are many reasons people give for not naturalizing, such as they are afraid of the test (the test is easy) or they think the cost is too high (the costs will only go up). But others are afraid of letting down their motherland – La Patria México.
As it turns out, becoming a naturalized U.S. citizen really doesn’t have an effect on your relationship with Mexico. In the past, Mexico did not recognize dual citizenship, and if a Mexican became a U.S. citizen, they lost their Mexican nationality. In March 1998 the law changed, and Mexican-born people as well as their children born abroad can maintain their Mexican ties if they wish.
In 2015, the Mexican government launched a campaign to encourage Mexican citizens in the United States to obtain dual nationality by becoming a naturalized U.S. citizen. In October of that year, the Mexican Ministry of Foreign Relations was quoted as saying “The new strategy of promoting dual nationality . . . will allow our citizens in the United States and people of Mexican origin to obtain significant benefits on economic, social and political matters, as well as to strengthen their ties to both countries,”.
U.S. government policy tolerates but does not encourage dual nationality. The law in the United States does not even mention dual nationality or require a person to choose one nationality or another. However, dual citizenship was specifically authorized by the United States Supreme Court in 1967.
The U.S. government, through the United States Citizenship and Immigration Service, actively encourages permanent residents to naturalize. USCIS has policies to promote naturalization, and they offer grants to organizations that assist people with the citizenship process.
Although there are almost 3 million permanent residents in the U.S. whose country of origin is Mexico, only around 200 thousand of those become naturalized citizens each year. That is less than seven percent. But just imagine what would happen if a million permanent residents from Mexico naturalized – the political and cultural changes for the better that could be made by U.S. citizens with an ancestral link to Mexico. And politicians would be unable to ignore such a force.
So, you will not be rejecting La Patria México if you reach out to Uncle Sam. Since the early 19th century, Uncle Sam has been a popular symbol of the U.S. government in American culture and a manifestation of patriotic emotion. And now, Uncle Sam wants YOU – to become a naturalized U.S. citizen.
Published on: November 4th 2019
Naturalize Now!
Take Action – For the Morning, Afternoon, and Evening
Part Eleven in a Series
By: Jeanne Morales, Attorney
If you are a legal permanent resident in the United States, it is important that you naturalize, no matter what stage of life you are in – the morning, the afternoon, or the evening.
If you are in the morning of your life, you are just starting off as an adult. Maybe you just finished high school and want to think about careers and the freedom to make your own decisions. If you want to enter law enforcement or firefighting, most departments will require that you be a U.S. citizen. You can join the military as a permanent resident, but you are restricted on what jobs you can choose. The post office and federal jobs are off limits to non-citizens. So by turning in your green card and becoming a U.S. citizen (actually, a dual citizen), you can expand your possibilities for employment.
Some young people who are just learning how to make adult decisions, decide to commit crimes – most arrests are for people 25 and under. Many young green card holders find out the hard way that their arrests and convictions earn them a one-way ticket to their country of their birth – no matter how long they have lived in the United States. Becoming a U.S. citizen does not shield someone from thecriminal consequences of their actions, but it does prevent deportation afterwards.
If you are in the afternoon of your life, you may have a career and a family, and you may think that you don’t have the time or money to naturalize. But if your children depend on you, naturalization is the promise that you will never be forced to leave your family in the United States. Because until you naturalize, you are a NON-CITIZEN in the government’s eyes. If you lose your job and apply for food stamps or welfare to take care of your children, the government can accuse you of being a “public charge” and deport you.
And since you have a home and children you are responsible for, you need to be able to participate in the government of your city, county, state and of course, the United States. Government agencies at every level create laws – and some laws might not be in the best interest for you, your property, or your children. But if you are not a U.S. citizen, you cannot vote.
Finally, if you are a permanent resident who is a parent, you have a chance to change your children’s history forever. Parents who naturalize with children under the age of 18 who are also permanent residents, give the gift of U.S. citizenship to their children. No charge, no test, and no chance that your child will turn 18 and still be a NON-CITIZEN in the eyes of the government.
If you are in the evening of your life, you may feel that there is no reason for you to naturalize; your children are grown, and you are set with your property. But you could be mistaken. As a NON_CITIZEN, you don’t have all your rights. If you spent all your life contributing to social security, your benefits could be taken from you and you could be deported; deported if the law changes, deported if you accept benefits that make you a “public charge”, or deported if you give a ride to a friend who is illegally in the United States – which is a crime. If you want the opportunity to keep what you have earned, you have to be able to vote – that is the only thing that politicians respect.
If you want to become a U.S. citizen, but don’t speak English, you can take the test in your native language if you have had a green card 20 years and are 50 years of age or older. So there really is no excuse to continue to be at risk as a NON-CITIZEN.
Published on: October 31, 2019
Naturalize Now!
Take Action – Some People Understand
Part Ten in a Series
By: Jeanne Morales, Attorney
Approximately 9 million people in the United States are legal permanent residents that are eligible to become naturalized U.S. citizens. Some groups are more likely than others to choose to naturalize – here are two groups:
Cubans
Cubans were more likely to be naturalized U.S. citizens than immigrants overall. In 2016, 58 percent of Cuban immigrants were naturalized citizens, compared to 49 percent of the total foreign-born population.
Why do so many people from Cuba seek U.S. citizenship instead of remaining a permanent resident?
According to the U.S. State Department:
- Medical care in Cuba does not meet U.S. standards. While doctors are generally competent, healthcare facilities face shortages of critical medications and supplies. Many routine medications are also unavailable;
- There has been an increase in the number of property crimes in Cuba, as well as violent crimes. Crimes of opportunity, such as purse snatchings and car break-ins, are on the rise. There have also been recent reports of drugged sexual assault and armed robberies.
According to Amnesty International:
- Arbitrary detentions, discriminatory dismissals from state jobs, and harassment in self-employment continued to be used to silence criticism. Advances in education were undermined by ongoing online and offline censorship. Cuba remained mostly closed to independent human rights monitors.
Vietnamese
Vietnamese are much more likely to be naturalized U.S. citizens than immigrants overall. In 2017, 77 percent of Vietnamese were naturalized citizens, compared to 49 percent of the overall foreign-born population.
Why do so many people from Vietnam seek U.S. citizenship instead of remaining a permanent resident?
According to the U.S. State Department:
- Crime in Vietnam is rated HIGH;
- Medical facilities in Vietnam, including emergency response services, frequently do not meet international standards and may lack medicine and supplies;
- Air pollution is also a significant problem in Vietnam’s major cities;
- Traffic in Vietnam is dangerous, chaotic, and undisciplined. Road conditions are poor; traffic accidents are the leading cause of death, severe injury, and emergency evacuation of foreigners in Vietnam. Long-distance buses and trains do not meet U.S. safety standards. Buses and trucks can often be overloaded and travel at high speeds with little regard to other modes of road transportation;
- The Government of Vietnam maintains strict control over all forms of political speech, particularly dissent or speech it deems as critical of the government and/or party;
- Persons whom the Government of Vietnam perceives to be associated with dissident or political groups may be denied entry to Vietnam, prevented from departing, detained, interrogated, placed under surveillance, or even tried and convicted.
So why do some groups have higher naturalization rates? Because they understand. They understand that in the United States they have a chance to make a good living in a safe environment, and they have human rights that may not be recognized in their country of origin. They understand that their family may have sacrificed and endured terrible things just to give them a chance to live in the land of the free. They understand that as a permanent resident, it can all be taken away. They want to be Americans, because they understand.
Published on: October 21, 2019
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Take Action – ¿Y Para Qué?
Part Nine in a Series
By: Jeanne Morales, Attorney
Have you ever thought about becoming a naturalized citizen, but thought “¿Y para qué?” (What for?)? After all, you are a legal resident of the United States and have a green card; why go through the time and effort to become a U.S. citizen?
The term legal permanent resident can be misleading – the status is not permanent, not if one commits certain crimes, not if the person leaves the U.S. for more than 6 months, and not if the U.S. government decides to change the law.
You are not a criminal, right? But if you have ever let a friend or family member who wasn’t in the U.S. legally stay at your house, or even just give them a ride in your car, the government could take your green card and deport you as a criminal.
And you have never stayed outside the United States for more than 6 months have you? But what if a close family member was ill and they needed you to come stay with them for an extended period. Are you willing to give up your green card and life in the U.S. to take care of loved ones? A U.S. citizen does not have to make that choice – they are free to come and go to the United States as they need to -because they are a citizen.
Recently, the U.S. government has changed the law regarding non-citizens who may be a public charge. This change will make it very difficult to get a green card. But you have a green card, so it doesn’t apply to you, right? Think again. Until you naturalize, you are a NON-CITIZEN. All of the new requirements to make it more difficult to obtain green cards, can be used to take away a green card from a NON-CITIZEN.
But you are a good person, you live a good life – the government would never have a reason to take your green card, right? If you believe that, try visiting the Facebook page of the Deported Veterans Support House (https://www.facebook.com/DeportedVeteransSupportHousePage/). There you will find many stories about people who have served in the U.S. military; but despite the service to the United States, their green cards were cancelled and they were deported. If the government will deport people who served honorably in the U.S. military, they would not hesitate to deport you.
It is not just your freedom to live and work that you would lose if you get deported. You will lose your social security benefits. You may have worked your entire life and paid into the system, but it doesn’t matter. Just like it didn’t matter for the deported veterans.
Why should you become a U.S. citizen? As a citizen you can vote, you have access to certain jobs and benefits, and you will have the freedom and rights that people all over the world desire. Naturalize? ¿Y para qué? – so that you can protect yourself and what you have worked hard to obtain.
Published on: October 14, 2019
Naturalize Now!
Take Action – The test is easy
Part Eight in a Series
By: Jeanne Morales, Attorney
Are you putting off becoming a U.S. citizen, because you don’t want to take a test? Then wait no more – the test can be conquered!
Many people have “test taking anxiety” – that is, they get nervous about having to take a test. The civics test for naturalization is easy. There are 100 possible questions, but you will only be asked 10. You only have to get 6 correct. The questions are asked orally, and you answer orally.
And the 100 possible questions? USCIS has put the questions AND the answers online for you . . . everything that you need to know is available for you to study.
But what if you get the 10 hardest questions? Not possible. The 100 questions have been put into ten possible tests. When they set up the ten tests, they evenly distributed the 100 questions – so each test has the same number of easy/hard questions. Remember, you only have to get 6 correct; the interviewer will stop asking questions once you get 6 correct. If you get stuck on a question, just tell the interviewer to skip it. The interviewer will go to the next question on your list of 10 questions. If you have been asked all 10 questions but still don’t have 6 correct, the interviewer will re-ask you the questions that you skipped.
But studying the questions is hard – not really. Many answers are repeated or connect different questions. “The President” is the answer for 4 different questions (15, 32, 33, & 34) and “George Washington” is the answer for 2 other questions (69 & 70). So now you only need to study 94 questions.
And what if you don’t pass? You will be given another appointment approximately 6 weeks from your first interview – so you will get a chance to take it again. If you fail a second time, you are done – you remain a legal permanent resident, but you would have to file the N-400 form again (and pay the fee) to try to naturalize again.
There is also a reading and a writing portion of the test. For the reading test, you will be given a sheet of paper that has three sentences on it, and you will be asked to read one. For the writing test, the interviewer will read you a sentence, and you have to write it down. The sentences are short and easy, and contain words from the 100 questions. So besides studying the 100 questions, you should also practice writing the questions and answers out – that will help you get familiar with the words used in the reading/writing part of the test. If you make minor mistakes in the writing part, as long as the mistakes don’t change the meaning of the sentence, you will pass.
If you would like to see an actual naturalization test, including the questions, the reading and the writing portions, click here.
If you need any other reason to naturalize now, you should be aware that the test will be changing. The new test should go into effect around the end of 2020 – so right now, you have one year to get in under the old test. Why does it matter which test? The current President has been changing immigration policy, making it harder to stay in the United States; it is unknown how much harder USCIS will make the new test. Avoid the stress of the new test, and Naturalize Now!
Published on: October 7, 2019
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Take Action – Why are you waiting?
Part Seven in a Series
By: Jeanne Morales, Attorney
If a pizza company was giving away pizzas, would you drive by the store thinking “Maybe later”? People who know how delicious pizza is would probably pull into the parking lot and take advantage of the offer for pizza. It is the same for becoming a naturalized citizen – the U.S. government is giving all legal permanent residents the chance to become a U.S. citizen. But yet, some people pass by all the benefits, telling themselves “Maybe later”.
In general, permanent residents can apply for naturalization after five years, but if they are married to a U.S. citizen they can apply after three years. Yet some groups of people take much longer than 3 or 5 years to naturalize – and some never naturalize, and never get the benefits of becoming a U.S. citizen.
Although each individual may have their own reasons to naturalize or not, there is interesting data in the statistics provided by the Department of Homeland Security. The data shows that individuals whose country of origin is in Africa or Asia have a median time of 6 years as a permanent resident before becoming a citizen. Yet individuals from Canada, Mexico and Central America have the longest time before they decide to naturalize – they have a median time of 11 years as a permanent resident.
Why would someone purposely delay taking advantage of the offer to become a U.S. citizen? That is unknown. What is known is that in 2015 there were more than 9 million legal permanent residents who were eligible to naturalize, but only approximately 730 thousand actually became U.S. citizens. More than 8 million people said “Maybe later”.
“Maybe later” to being a citizen, to protection from deportation, to having access to certain jobs and public benefits, and to voting.
There can be no “maybe later” to voting. Why would someone live in a country with no way to make an impact on the government? The United States fought the revolutionary war against England in part because the Colonists were denied a say in how the government treated them. It is and always has been American to vote, to take part in the governing of this great nation. And with the issues of immigration being front and center in our current political cycle, people with first hand knowledge of the immigration process are needed more than ever to participate as voters. But they have to become U.S. citizens first.
The United States will have a presidential election in a little over a year. It is possible for someone to get through the process and become a citizen in time to register to vote, but the time is ticking away, and soon it will be too late. So regardless of what part of the world you come from, if you are living in the United States as a legal permanent resident, and you are eligible to naturalize, take the steps needed to become a U.S. citizen. There is no “maybe later”; Naturalize Now!
Published on: September 30, 2019
Naturalize Now!
Take Action – Your green card is at risk!
Part Six in a Series
By: Jeanne Morales, Attorney
When you are a legal permanent resident (you have a “green card”), there are many ways that the law can act against you, so that the immigration authorities can revoke your green card and deport you. Many people reading this have already put themselves at risk!!! This is the single biggest reason that you should become a naturalized U.S. citizen as soon as you are eligible. Even if you think “I obey the law, so this is not something I have to worry about”, keep reading, so that you can see how risky staying a green card holder can be – you need to know about Aggravated felonies.
“Aggravated felony” is a term that describes a category of offenses carrying particularly harsh immigration consequences for noncitizens convicted of such crimes. Regardless of their immigration status, noncitizens who have been convicted of an “aggravated felony” are prohibited from receiving most forms of relief that would spare them from deportation, including asylum, and from being readmitted to the United States at any time in the future.
An aggravated felony does not require the crime to be “aggravated” or a “felony” to qualify. Instead, an aggravated felony is simply an offense that Congress has labeled as an aggravated felony – even if it was committed under state law, and today includes many nonviolent and seemingly minor offenses. Some immigration judges have noted that numerous non-violent, fairly trivial misdemeanors are considered aggravated felonies under our immigration laws.
A non-citizen must worry if they have ANY prior convictions; in most federal courts, a conviction for any offense listed as an aggravated felony is grounds for deportation, even if the crime was not considered an aggravated felony at the time of conviction. In other words, whenever Congress adds a new offense to the list of aggravated felonies in the Immigration and Nationality Act (INA), lawfully present noncitizens who have previously been convicted of such crimes become immediately deportable. As a result, any addition to the list of aggravated felonies will automatically apply retroactively to prior convictions.
If your green card is revoked and you are removed from the United States after being convicted of an aggravated felony you are permanently inadmissible – you cannot come back. You are not eligible for waivers. If you do come back, you have committed another crime and could spend 20 years in prison.
Again, you may say – “I don’t commit crimes, aggravated felony or otherwise”. Well think, have you ever let a friend or a family member stay at your house, even though you knew that they did not have legal status in the United States? That falls under the crime of “Alien Smuggling”, and it is an aggravated felony. Alien smuggling is not just helping someone cross the border- it includes “harboring” (letting someone stay with you) and “transporting” (giving someone a ride).
Or what if someone sold you some tools that they “got a really good deal on”? When you are arrested for receiving stolen property, you will know that it is an aggravated felony and it will cost you your green card.
Maybe you have a green card, and you also have an adult child who has committed a crime. Even if you don’t participate in the crime, if you help your child in a way that keeps your child from being arrested, such as let them stay at your house, you can be convicted of obstruction of justice. Obstruction of justice is an aggravated felony and you can have your green card revoked and be deported, just because you tried to help your own child.
The message that you need to understand is that you need to become a naturalized U.S. citizen, so that you can protect yourself from unintentional exposure to the risk that the law will be used against you.
Published on: September 23, 2019
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Take Action – The costs only go UP!
Part Five in a Series
By: Jeanne Morales, Attorney
Are you one of the people who believe that “it costs too much to naturalize?” Don’t let the price tag fool you – you need to know the costs of not naturalizing.
The filing fee for citizenship ($725) costs slightly more money that renewing a green card ($540). Over the long term, it’s actually much cheaper. Compared to the long-term costs of remaining a permanent resident, becoming a U.S. citizen is far less expensive. For example, the average 30-year old will pay another $5,313 in United States Citizenship and Immigration Services (“USCIS”) fees over his lifetime if he continues to be permanent resident. But once you naturalize, you are out of the immigration system, and you never have to pay another filing fee to USCIS.
Immigration fees have been raised eight times since the 1988 law establishing that immigration applications should be funded by user fees. As the table shows, the costs can only go up –
| 1989 | $60 |
| 1991 | $90 |
| 1994 | $95 |
| 1999 | $225 |
| 2002 | $260 |
| 2003 | $320 |
| 2005 | $330 |
| 2007 | $595 |
| 2016 | $640 |
The current fee is $725 = $640 for naturalization + $85 for biometrics
It has been three years since the last price increase, so we can expect an announcement soon about the costs going up. The longer that you wait to naturalize, the more it will cost you financially.
But what about the non-monetary costs that you are paying for not being a U.S. citizen? Every day that you stay a permanent resident, you are missing out on government jobs and benefits:
The added benefits of U.S. citizenship include:
- Family Reunification U.S. citizens can help overseas family members immigrate more quickly to the United States. The relatives of citizens are given priority by USCIS (as compared to relatives of permanent residents).
- The Right to Vote Direct participation in democratic elections is one of the most important privileges that this country offers its citizens. Only U.S. citizens have the right to vote in federal elections and to be candidates in most elections.
- Additional Job Opportunities The federal government is one of the biggest employers in the world and offers many job opportunities in a wide range of industries. However, the vast majority of federal jobs are available only to U.S. citizens.
- International Protection The United States protects its citizens abroad through its embassies and consulates. The U.S. government assists citizens who are victims of crimes overseas and provides aid to U.S. citizens abroad in the case of international disasters or emergencies.
- More Student Aid The federal government has different types of financial assistance for students, including scholarships and grants that are available exclusively for U.S. citizens.
- Additional Government Benefits You may qualify for other government benefits that are only available to U.S. citizens.
U.S. citizens avoid the problems of those who are merely legal permanent residents. The term legal permanent resident can be misleading – the status is not permanent, not if one is convicted of certain crimes, not if the person leaves the U.S. for more than 6 months, and not if the U.S. government decides to change the law.
So which way will yousave money? By becoming a naturalized U.S. citizen, or by spending each day at risk that the cost to youwill go up, either financially or otherwise? Take action nowto protect yourself by naturalizing!
Published on: September 16, 2019
Naturalize Now!
Take Action – Skip the Test!!
Part Four in a Series
By: Jeanne Morales, Attorney
Many people hold back from trying to naturalize because they are afraid of the test. The test is relatively easy, and if you understand English you should build your confidence and go ahead and take it in English. However, if you cannot speak English, or have a medical disability, you have alternatives.
If you wish to take the test in your native language, there are three options:
#1 – If you age 50 or older at the time of filing for naturalization and have lived as a permanent resident (green card holder) in the United States for at least 20 years, you can skip the English test and take the civics test in your native language.
#2 – If you age 55 or older at the time of filing for naturalization and have lived as a permanent resident in the United States for at least 15 years, you can skip the English test and take the civics test in your native language.
#3 – If you age 65 or older at the time of filing for naturalization and have lived as a permanent resident in the United States for at least 20 years, you can skip the English test and take an easier civics test in your native language.
If you take the test in your native language, you must bring an interpreter with you to your interview. Your interpreter must be fluent in both English and your native language.
If you qualify for one of the options to take the civics test in your own language, you must bring evidence of the amount of time that you have lived in the United States; you cannot rely of just having had a green card for the required number of years. You should bring tax returns, mortgage information, pay stubs or any other type of documentation that show that not only have you had a green card for the required number of years, but that you have actually lived in the United States for that period of time.
There is an option for someone who is medically disabled and unable to take the tests.
You may be eligible for an exception to the English and civics naturalization requirements if you are unable to comply with these requirements because of a physical or developmental disability or a mental impairment. To request this exception, submit Form N-648, Medical Certification for Disability Exceptions. This form must be completed by a licensed medical or osteopathic doctor, or licensed clinical psychologist.
This option is difficult and is not recommended for people to pursue on their own – you need an attorney to make sure the doctor completes the form properly and to assist the individual at the interview. The disability must impair the person’s ability to learn and retain the information needed to pass the test – physically disabled individuals who can study and learn cannot waive the test.
Published on: September 9, 2019
Naturalize Now!
Take Action – The only way to make it “Permanent“
Part Three in a Series
By: Jeanne Morales, Attorney
There has been a lot of talk lately regarding the public charge rule, and how it affects non-citizens, including persons who are or want to be legal permanent residents. So, what is it all about? Before we can talk about the public charge information, let’s take a closer look at the legal permanent resident status – that is, people who have “green cards”.
When someone is in the U.S. legally, but on a temporary basis, they may have a visa. A visa gives a non-citizen the ability to enter the U.S. for a period of time for various reasons, such as to go to college or to be a tourist. Visas are for a limited period of time.
When a family member or an employer sponsors a non-citizen to be in the U.S. to live and work with no time limitation, that person becomes a legal permanent resident. Since the card for such individuals used to be green, many people refer to legal permanent resident status as having a green card. Only legal permanent residents can naturalize and become a U.S. citizen.
The term legal permanent resident can be misleading – the status is not permanent, not if one commits certain crimes, not if the person leaves the U.S. for more than 6 months, and not if the U.S. government decides to change the law. Recently, the U.S. government has changed the law regarding non-citizens who may be a public charge.
According to USCIS, “public charge” means an individual who is likely to become primarily dependent on the government for subsistence, as demonstrated by either the receipt of public cash assistance for income maintenance or institutionalization for long-term care at government expense. The new rule broadens the programs that the U.S. government will consider in public charge determinations to include previously excluded health, nutrition, and housing programs, and outlines the factors the U.S. government will consider in making a public charge consideration.
What does this mean for people who want to become legal permanent residents? It will be much harder to obtain a green card, because the people making the decisions about permanent residents will have more justifications for denying someone legal permanent resident status. The Department of State has already been using the new rules for immigrants who must go through consular processing in order to get their green card; denials have risen dramatically. It will also mean that individuals who already have legal permanent resident status may still be at risk of having their “permanent” resident status revoked if they accept benefits that make them a public charge.
An what does it mean for legal permanent residents who want to naturalize and become U.S. citizens? Once someone become a U.S. citizen, they are no longer subject to immigration law. However, the longer one stays a legal “permanent” resident, the higher the chance that there will be a change to the law that will make it harder to keep the legal “permanent” resident status.
The U.S. government has published information that indicates that the new public charge rule will not affect the naturalization process; but remember, the entire time someone is trying to become a U.S. citizen, they are still a legal “permanent” resident, and are subject to immigration regulations. The new public charge rule is set to take effect October 15, 2019, but immigration attorneys are reporting that their clients are already being asked questions about being a public charge, and not just in interviews to become a legal “permanent” resident – the same questions have been asked in naturalization interviews.
There is a fee that is paid to the U.S. government to process a request for naturalization; there is also a request for a reduced fee and a request for a fee waiver. Because of the new rules regarding public charge, it is inadvisable for legal “permanent” residents to ask for the fee to be waived or reduced – that might give USCIS a reason to deny an applicant based on the public charge rule.
The ONLY way to have a legal PERMANENT status in the United States is to become a U.S. citizen.
Published on: September 2, 2019
Naturalize Now!
Take Action – And Save, Save, Save!
Part Two in a Series
By: Jeanne Morales, Attorney
There is a way to save big money by becoming a naturalized U.S. citizen. You may be aware that as a legal permanent resident that you can become a U.S. citizen by taking a test and paying a fee – but did you know that if you have children who are also legal permanent residents, you can save money and change the course of your family’s life by simply naturalizing?
Although there are many legal ways for people to live in the U.S. with a non-immigrant visa, those who have immigrated to the U.S. generally have the status of a legal permanent resident – that is, they have a greencard. A legal permanent resident may live and work in the U.S., but they cannot vote, they cannot obtain certain jobs, or apply for certain benefits. And don’t let the word “permanent” fool you; if a permanent resident commits a crime or gets into some other trouble, or the law changes, they can be deported from the United States. The only status that is truly safe is that of a U.S. citizen, and legal permanent residents can go through the naturalization process to become a U.S. citizen.
The naturalization process involves an application, a test, and a fee. And that may be enough to turn some off to the idea of becoming a U.S. citizen. But if you have children under the age of 18, who are legal permanent residents and live with you in the United States, then when you become a naturalized U.S. citizen, they automatically become U.S. citizens. No fee for them. No test for them. They wake up in the morning a legal permanent resident, and they go to bed that night a U.S. citizen.
You can get your children to the safest possible status in the U.S. for no fee whatsoever, by merely becoming a naturalized citizen yourself – and that can be big savings. But you are not just saving money. If you don’t naturalize, or you wait until your children reach the age of 18, then each child will have to go through the naturalization process themselves. That means they will have to apply, pay a fee, and take a test. They will have to go through the process during a time when they might have other goals for themselves – many young adults want “freedom” and don’t want to study for a test. They may pass up job opportunities because they are not a U.S. citizen. Or, in the worst-case scenario, that young adult could use their “freedom” to get into the kind of trouble that would get them deported.
A parent who naturalizes can give their children the benefit of U.S. citizenship for free, and that saves money. They can also make sure that when their children become adults, they have the maximum benefits available to U.S. citizens, and they are protected from deportation for the rest of their life – and that is BIG savings.
Published on: August 26, 2019
Naturalize Now!
Take Action – The Boys of Summer
Part One in a Series
By: Jeanne Morales, Attorney
There is a connection between current and former Major League Baseball players Elvis Andrus, Asdrúbal Cabrera, Felix Hernandez, Carlos Carrasco, and Melvin Mora. They were all born in a country that is currently in enormous upheaval – Venezuela. And they all took advantage of their opportunity to play baseball in the United States, by becoming naturalized U.S. citizens.
It is no secret that Venezuela is a bad place right now. The U.S. State Department has issued a “Do Not Travel” warning to Americans – that is, traveling to Venezuela is as dangerous as traveling to North Korea, Syria, Somalia, Afghanistan, and Yemen. Venezuela has had five “Alerts” issued in 2019, and in January 2019 the State Department removed all non-essential personnel and families from Venezuela. Even Amnesty International has published that Venezuela is “suffering an unprecedented human rights crisis” and “the authorities are implementing a systematic and widespread policy of repression against those people who are bravely calling for a change in government. . . “
But is the turmoil in Venezuela the only reason to become a U.S. citizen? Of course not. Elvis Andrus naturalized on July 26, 2019 and in an Instagram post after his oath ceremony in Dallas he said “I will always be very proud of where I came from, and I’m humbled where my journey has taken me. I’ve learned so much in this journey to U.S. citizenship. I’m thankful and grateful for the rights and freedoms of Americans and will never take that for granted.”
It is nice to know that someone is grateful and recognizes the importance of American rights and freedoms. Too many Americans fail to cherish our rights and freedoms, and too many legal Permanent Residents (Green card holders) fail to take advantage of the opportunity to naturalize and become a U.S. citizen.
The United States is a tremendous place, and Americans should be challenged to appreciate their citizenship, to know and protect their rights, and to actively participate in the self-government of this great nation. Such a vast undertaking requires constant attention, and if Americans slumber then there will be an opportunity for those who would bring down this great nation.
Legal Permanent Residents should also be challenged to take the final step in their long immigration process and become naturalized citizens, in order to fully reap the rewards of what it is to be an American.
The major league baseball players who naturalized knew they were living the American Dream, and they made sure that they would never wake up from that dream – because they naturalized.
Published on: August 19, 2019