Talk about U.S. Immigration

Voting: A Right of Citizens

This November brings the Presidential election. We would have a new leader to steer the country. Lots of excitement and expectations would be in the air and hopefully lots of votes would be cast. But elections also worry me as to how many are casting votes not knowing whether they should or should not.

As a general rule, voting in general elections is a right associated with the citizens of a country. Many foreign nationals choose not to naturalize even after years of acquiring lawful permanent residence in the United States. In the United States, these residents, largely, have the same rights and duties as a citizen except for a few including the right to vote and be a jury, which are special to citizens only.

Immigration and Nationality Law treats a foreign national, voting in violation of any Federal, State or local constitutional provision, statute, ordinance or regulation as “inadmissible” and /or “deportable.” Please note the underlined word “any,” which means the phrase “Federal, State or local constitutional provision, statute, ordinance or regulation” encompasses all of the fore mentioned terms having the force of law in the United States. A non U.S. citizen voting in violation of any of those provisions would lose eligibility to seek admission into the United States and if, (s)/he were already present in the country, becomes deportable.

In addition, registering to vote but not actually voting could impair the eligibility to naturalize if done in violation of lawful restrictions placed on such registration. At the least, it would be either a false statement or a false claim to citizenship to receive a benefit; if the benefit (registering to such vote) is restricted to citizens alone; both affecting the ability to naturalize.

The law, as you read above, expects a person making (or signing) the statement, about his U.S. citizenship or eligibility to vote, to take full responsibility for his actions and serves with punishment of inadmissibility or deportation or both, for any mistake. There exists a narrow exception for those, who, in addition to having each natural or adoptive parent as U.S. citizens, satisfy certain other conditions. Those are the events less likely to occur than winning a lottery. As you guessed it, complexity controls.

Many foreign nationals may encounter situations where they are invited, as general public, to register to vote in a federal or State or local election. You may have to fill a form and make a statement on oath and as I notice, often foreign nationals are not sure if they are eligible to register or not. Some hesitatingly approach the registration desk and express doubts about their eligibility. It would be great if the eligibility criteria are displayed at the relevant places and even better if the person at the voting or registration desk is knowledgeable enough to advise whether or not one could vote or register. Ask if such an advice is readily available and if not where to get. Even then, it is your responsibility to follow the rules. Reliance on others’ statements who have no duty towards you does not excuse you from bearing the consequences of your erroneous statements.

Young adults, although born outside but raised in the United States, frequently commit the mistake of registering and voting, either filled with a sense of excitement of being able to exercise a right which they believed rightly belonged to them or filled with a sense of duty to participate in the elections of the country in which they were raised as one of its own countrymen and women. Others may have voted in the local elections ignorant that citizenship was an eligibility requirement. I would not call it a totally cavalier attitude. Such actions may be the result of possessing a sense of belonging to and behaving as a part of the community in which one is raised. These actions highlight the widespread ignorance about the divides created and maintained by the nation’s immigration laws.

The moral of the story is: If you plan to vote, check to see what the eligibility criteria are and make a wise choice. Know when your statements could be counted false and above all take the time to educate your children and encourage them to ask themselves before voting in this election: “Are you a citizen yet?.”

Bad Weather Accommodation

Nonimmigrants and some other foreign nationals receive natural disaster consideration following the recent severe weather in the Caribbean. In a reminder, the U.S. government announces that those affected may apply for extension or change of status, student employment authorization and expedited processing of immigration applications and benefits.

These immigration benefits do require filing the appropriate forms and the government reminder notes that the services are availale to an applicant who is in compliance with the various provisions of the U.S. immigration law.

As a general rule, visitors for pleasure or business, B visa holders, may seek extension of stay if unexpected events in their home country delay their return. The extension could be granted if inability to travel is caused by the disturbing event, sort of a cause and effect analysis. The foreign national should be able to give details about length of stay in U.S. and also how (s)/he would support himself/ herself during the extended stay as these visitors could not be gainfully employed during such stay in U.S. Another possibility is where the foreign national could no longer extend their nonimmigrant visa may be able to seek B1 or B2 visa through change of status.

Parolees, could also apply for extension of parole.

Foreign students holding F1 or M1 visa (for academic or vocational education) are permitted to request off-campus employment, if, affected by the unexpected event in their home country. Generally, these students are expected to bear the cost of their education and be able to support themselves during their study in U.S, without seeking outside employment. The college may allow limited hours of employment within the campus. However, if the unexpectable event in their country influences their ability to fend for themselves or to pay the college tuition fee, a foreign student could seek off-campus employment.

So much for the natural disaster, be safe.

Stumped by EAD Processing Delays?

Delayed processing of employment authorization document is frequently heard although the government regulations require USCIS to process the EAD applications within 90 days. 8 C.F.R. 274a(13). The limitations imposed on you i.e. how long before you could properly file such an application and how long you could continue to lawfully work as you await your proof of employment authorization creates a restless situation for all lawful foreign nationals. If this is you, the CIS Ombudsman recently offered the following suggestions on how to handle EAD processing delays:

Step 1: call the USCIS Customer Service; record the call details and the person who responded to your call. Explain your jittery situation and request expedite service or ask for an interim EAD. As Ombudsman claims, some have seen it works.

Step 2: If you want to go to the local CIS office you could schedule an infopass appointment. Ask for your iterim EAD. It appears that the local offices are no longer equipped to give you one but could forward your request to the service center following which you should get your EAD.

Step 3: If neither of the above steps worked then you contact the Ombudsman for help providing as much details of your call to the customer service or the local USCIS office as you may have kept in the beginning. Well, hopefully these steps work for you i have heard it worked for some. Good luck.

Special Immigrant Religious Worker Sunset Provision

A government memo declares that unless Congress extends the program, the provisions of Section 203(b)(4) of the Immigration and Nationality Act, allowing non-minister religious workers to immigrate under the class “professional or religious worker in a religious vocation or occupation”, would expire on October 1, 2008. The memo closely follows the USCIS reminder issued on the September 19, 2008 to the same effect.

The two expiring categories that are the subject of the sunset provision are: the special immigrant workers in professional and non-professional capacities within a religious vocation or occupation. The immigrants under these two classification should adjust or be admitted into United States before October 1, 2008 including their accompanying or following to join spouses and children.

According to USCIS, while immigrant petitions (I-360) and applications (I-485 or I-824) for these category of workers are currently being accepted and processed expeditiously, all the unadjudicated petitions and applications relating to the two categories would be kept in abeyance once the program expires. Any filings made after that date would be rejected unless Congress extends the program.

Just so you know, the special immigrant provision for professional or religious worker in a religious vocation or occupation was enacted in 1990 and was extended from time to time. It is due to expire on October 1st, 2008. A proposed legislation seeking to extend the program is being considered by the Congress. The U.S. House of Representatives approved the extension and the proposal is currently under consideration before the Senate.