Persons Renouncing American Citizenship April 20, 2012

According to the Federal Register around 1,800 people renounced their US citizenship and Green Cards in 2012 mainly due to the costly and timely tax requirement. It is a known fact that America is one of the few countries in the world that requires its citizens working abroad to file taxes at home. Though US expatriates are exempt from paying tax for the first $95,100 of income earned overseas provided they fill in the Foreign Income Exclusion form and prove they pay taxes to the country they currently reside in, the process is complicated.

According to the Reuters, Americans expatriates also have to adhere to another regulation that requires them to disclose information on foreign bank accounts with a minimum of $10,000. Banks have to furnish information on those clients and their funds to the American government. Per the TIME magazine, when compared to the estimated 3 to 6 million US citizens residing abroad, a number less than 2,000 persons relinquishing US citizenship is not a bigger number. But this number indicates a rising trend of persons renouncing US citizenship considering that only 502 citizens did so in 2009.

But relinquishing one’s U.S. citizenship isn’t as simple as one might imagine. Persons who wish to renounce their US Citizenship have to do so voluntarily and have to appear in person before a US consular or diplomatic officer. Note that this has to happen in a foreign country (normally at a US Embassy or Consulate). Such persons have to sign an oath of renunciation. For persons not adhering to the regulations mentioned above, Renunciations have no effect legally. Remember that US citizens cannot effectively renounce their citizenship by mail, through an agent, or even while being in US. In fact, US courts have held certain attempts to renounce American citizenship to be ineffective on a variety of grounds. The person must also prove they have no intention to return to live in the United States and in most cases have another citizenship secured.

Cases Against US Citizens March 22, 2012

US Attorney General Eric Holder spoke to the law students about the protection of US citizens who are suspected to be terrorists. He said that US citizenship alone is not sufficient to protect US citizens who are terror suspects. A US citizen has certain rights and such rights protects the citizen. When a citizen is suspected of terrorism, such rights are also not enough to protect that citizen.

He told that due process and the judicial process are both not the same. That statement astounded the law students as they had equated both due and the judicial processes. They spoke to defense attorney Ron Kuby in order to clear themselves and to find out the judicial idea of Attorney General Eric Holder.

An American-born Islamic, Anwar al-Awlaki was killed in an American drone operation in Yemen on September 30, 2011.He was on the US list of suspected terrorists. He was involved in various terror plans in the US. He is said to be an Al Qaeda recruiter and a motivator, who constantly called people from around the world to kill the Americans. The US government did not say anything to justify the killing of Anwar al-Awlaki until Holder said that the Government has the right to use lethal measures if its is not able to arrest terrorists.

Attorney Ron Kuby said that the American law has certain secret laws that gives the right to kill US citizens. He also added that its not a good procedure to do so. Holder did not comment anything about the drone attacks that killed several citizens of Pakistan and the US drone-spying plan in Iran.

 

Renewing US Passport through Mail March 18, 2012

With a US passport, US citizens are allowed to travel internationally. Note that only US citizens can apply for a US passport. US passport can be used as proof for one’s US citizenship. Apart from this, a US passport is needed to enter the US after traveling to Canada, Mexico, the Caribbean and Bermuda.

If you have a US passport that is going to expire, then you should renew it. You have the option of renewing your passport either through mail or in person, and it is based on certain conditions. You can renew your US passport if it is not damaged and can be submitted along with your application and it should have been issued when you were 16 years or older. Remember to note that it should have been issued within the last 15 years and issued in your current name (or) if you are able to document your name change legally. If you do not fit into the conditions mentioned above, the only option to file for a renewal is to apply in person. In addition, if you are a previous passport holder and are eligible to file Form DS-82, you can renew your passport through mail, even if it is your first passport card.

Passport Renewal Process by mail:

The process of renewing your passport varies depending on where you currently reside. If you are currently in the US, you have to file Form DS-82, Application for a US Passport by mail to renew it through mail. You will get detailed filing instructions along with Form DS-82. There are quite a few points to remember before you file for a US passport renewal. You cannot use the mailing option if your passport is mutilated or damaged. In this case, the only option is to file in person.

If you are mailing your application along with any supporting documents, you have to give importance to the delivery method. It is to ensure the application and the supporting documents are not damaged during the process. To be on the safer side, it is better to put your application and supporting documents in an envelope that is big such that the application fits in without folding it. It is better not to use the standard letter-size envelope. Note that when done through the mailing option, the application can be mailed only to US and Canadian addresses.

If you are behind in child support payments, you will not qualify for a US passport. Individuals who wish to get their passport renewed from can file at the nearest US Embassy or US Consulate (except those living in Canada). US citizens who are currently residing in Canada and who want to get their passport renewed can file Form DS-82, Application for US Passport by Mail to the address indicated on the application.

If there is a need to get a US passport quickly, you are required to schedule an appointment at a Regional Passport Agency. But this is possible only in certain circumstances. It is possible only if want the passport to travel abroad in less than 2 weeks OR you want the passport within 4 weeks to get a foreign visa. Should you need to fix an appointment, you can contact the National Passport Information Center to schedule an appointment or locate a Passport Agency.

News on Form I -601 and I-797 March 12, 2012

The United States Citizenship and Immigration Services (USCIS) has proposed changes that will permit certain immediate relatives (spouse, children or parents of US citizens) who can prove extreme hardship to a US citizen spouse or parent to get a waiver of the unlawful presence bars before exiting the US. This process is not in effect and will not be available until USCIS publishes a final rule mentioning the effective date. Before pushing the final rule, USCIS has plans to release a notice of the proposed rule making in the near future, considering all comments received.

Individuals are requested not to send an application requesting a provisional waiver during this interim period. The USCIS will reject such applications and return the application package along with any related fees to the individual. Applicants are advised to wait until the USCIS issues a final rule and the change becomes effective. It is also important to remember that some unauthorized practitioners of law may wrongly lead you claiming they can file a provisional waiver application (Form I-601) for you. They may also ask you to pay them to file the form, although USCIS does not accept the form. Do not fall prey to such scams.

USCIS decision on I-797 Receipt and Mailing Process

Recently, USCIS sent the original I-797 receipt and approval notifications directly to the applicants and petitioners who were represented by attorneys. Later, USCIS has passed a decision to return to its earlier practice of sending the original I-797 receipt and approval notice to the applicant or petitioner’s attorney and resumed mailing such notices from January 2012. Recently, USCIS started a process for Form I-129, Petition for a Non immigrant Worker, through which attorneys or representatives could enter their address as the mailing address so that they can get the original I-797 notices.

Having reverted back to the earlier process, attorneys and representatives need not enter his/her address as the mailing address to get the original I-797 notices. All the I-129 Form currently being filed should have the petitioner’s address as the mailing address. This change is effected to avoid any future delays in VIBE. Validation Instrument for Business Enterprises (VIBE) is a tool designed to enhance the decision of USCIS on some employment-based immigration petitions. This process will also enable premium processing customers to submit petitions without the need for enclosing a postage pre-paid envelope.

Passport Fair March 7, 2012

Post Offices (Atlanta) will host a one-day Passport Fair on March 10, 2012. If you wish to apply for a passport, bring with you proof of American citizenship (previously issued passport, birth certificate, or a certificate of citizenship. In addition, bring any photo identification. This include a driver’s license or state identification card, military photo ID card or government issued photo employee card.

All minor children (below 16 years old), who wish to apply for Passports have to be accompanied by both parents. Note that children who are 16 to 17 should be accompanied by one parent. Also remember if one parent is absent on the day, the other parent should submit proof of sole legal custody of the child. He/she should also bring a notarized written consent of the other parent for issuing the passport. As an alternative, a written statement that explains why the non-applying parent’s consent cannot be obtained can be produced. Adults have to pay a $110 fee for Passports, whereas for children under 16, it is $80. For Passports cards, it is $30 for adults, whereas it is $15 for children. Both will be subject to a $25 acceptance fee. Photographs will be made available onsite for a fee of $15. Should you have your own, make sure the size is 2″x 2″. Note that applications to apply for passports are available online as well as at the Post Office.

Participating Offices/Time

9:00 AM – 2:00 PM

Acworth Post Office 4915 N Main St. 30101

LaGrange Post Office 950 Lafayette Pkwy 30241

Suwanee Post Office 990 Peachtree Industrial Blvd 30024

9:00 AM – 1:00 PM

Cumming Post Office 525 Tribble Gap Road 30040

9:00 AM – 4:00 PM

Howell Mill Station 1984 Howell Mill Rd NW 30327

Northridge Branch 1185 Hightower Trl. 30350

9:00 AM – 5:00 PM

Pharr Road Station 575 Pharr Road NE 30355

Sandy Springs Station 227 Sandy Springs Pl. NE 30328

10:00 AM – 2:00 PM

Griffin Post Office 101 N 8th St. 30223

10:00 AM – 3:00 PM

Adairsville Post Office 10 Finley St. 30103

Athens Main Post Office 575 Olympic Dr. 30608

Marietta Main Post Office 257 Lawrence St. NE 30060

Limestone Station 364 Green St. NE 30501

Lawrenceville Post Office 35 Patterson Rd 30044

10:00 AM – 1:00 PM

Forest Park Post Office 4989 Courtney Drive 30297

10:00 AM – 4:00 PM

Atlanta Main Post Office 3900 Crown Rd. SW 30321

1:00 PM – 3:00 PM

Loganville Post Office 4160 Logan Dr. 30052

Newnan Main Post Office 60 Postal Pkwy 30263

1:00 PM – 4:00 PM

Akers Mill Postal Store 2997 Cobb Pkwy SE 31139

Ben Hill Station 2260 Fairburn Rd. SW 30331

Briarcliff Station 3104 Briarcliff Rd. NE 30345

Doraville Branch 4700 Longmire Ext. 30340

 

E-Verify Self Check March 1, 2012

Through the E-Verify electronic program, employers can verify the employment eligibility of their employees, once hired. In simple terms, employers submit information taken from a new recruit’s Form I-9 through E-Verify to the Social Security Administration (SSA) and U.S. Citizenship and Immigration Services (USCIS) to verify if information is similar to government records and also if the newly recruited individual is authorized to work in the US.

Before using E-Verify, you are required to enroll your company or organization in the program. The company can be a small family-owned shop or a multinational corporation. You have to enroll your company only once and then you can register yourself and others. Remember, you do not enroll your company multiple times. Trying to enroll a company that is already enrolled in E-Verify will lead to delay in your enrollment.

You can choose E-Verify participation on a site-by-site basis. Your company has to use E-Verify for all new recruits at each participating site. Though E-Verify gives this flexibility to your company, your local and state laws may be more restrictive. Certain states require companies to use E-Verify at all sites within that state. While enrolling, you have to choose the number of hiring sites in each state that will participate in E-Verify.

To determine how to best use E-Verify, start with understanding how your company processes its Forms I-9. Some things to consider are:

• When and where do employees complete the Form I-9?
• Does your company outsource processing of Form I-9?
• Does your company send its Forms I-9 to a central location?

Self Check was developed to help individuals to check their own employment eligibility status. In addition, it also acts as guidance on how to correct an individuals DHS and SSA records. Self Check is available in English and Spanish. Through this, individuals can enter the same information into Self Check that employers enter into E-Verify. Since this program came into effect, thousands of individuals have used Self Check to access their federal employment eligibility records and for guidance on how to correct record discrepancies before the hiring process. Starting August 2011, Self Check was made available to users in both English and Spanish.

E3 and E2 Visas for the Irish and Israelis February 22, 2012

Top government officials are of the opinion that there will be early progress on securing the Irish E3 visa bill. If this new bill is passed, 10,500 highly skilled Irish professional level workers will be able to apply for the US E-3 visa program each year.

At present, the E-3 visa is made available only for Australians. If the new bill is passed, the Republic of Ireland will be included in the E-3 visa program. If approved, Irish individuals with a professional level job offer will be able to live and work in the US for two years. They can renew the visa an unlimited number of times. E-3 visa holders’ spouses are permitted to work in the US. They can apply for an Employment Authorization Document by filing Form I-765 with the U.S. Citizenship and Immigration Service (USCIS).

This bill is also sponsored by US Senator Mark Kirk. It is also seen as an alternative to the Fairness for High-Skilled Immigrants Act, a bill that was sponsored by Senator Chuck Schumer. Schumer’s bill, includes an Irish immigration provision and it has been referred to the US Senate Judiciary Committee for consideration.

Per Brown, the INA put in place bureaucratic hurdles for Irish immigrants and caused Irish immigration numbers to come down to all-time lows. Though there was some legislative relief in the l990s, the Irish still face quotas that don’t reflect the level of demand.

The E-3 visa requirements are similar to the H-1B visa where it is used for staff in specialty occupations that require a high degree of specialized knowledge. In addition, at least the equivalent of a US Bachelor’s degree or at least twelve years of relevant professional level experience is mandatory. required.

At present, Australian nationals seeking to get an E-3 visa have to fulfill the following requirements:

• be a national of Australia
• have an US employer who is willing to sponsor you
• have the required academic or other qualifying credentials
• fill a position that qualifies as a specialty occupation
• coming to the US sonly to perform services in a specialty occupation. The specialty occupation requires theoretical and practical application of a body of knowledge in a professional field, and at least a bachelor’s degree or at least twelve years of relevant experience.

In addition to the above mentioned bill, a member of the US House of Representatives has introduced a bill that would permit eligible Israelis to receive non-immigrant E-2 Treaty investor visas in the US. At present, Israelis do not qualify for the E-2 treaty visa. Through the E-2 Treaty Investor visa, foreign investors can temporarily live and work in the US in their US based business.

If this bill is passed, Israelis who invest in a new or existing business in the US will be able to stay and work in the US with their families. The US E-2 Treaty Investor visa is valid for two years and can be extended indefinitely as long as the visa holder still meets the requirements.

USCIS News February 16, 2012

The USCIS recently announced that through a free online service of E-verify, Self Check worker can check their own employment eligibility status. It is now available in all 50 states, Washington, D.C., Guam, Puerto Rico, the U.S. Virgin Islands and the Commonwealth of Northern Mariana Islands.

Since the launch in March, around 67,000 people have used Self Check and it is expected the participation will significantly increase with service now available to individuals across the country.

This online service, Self Check was developed through a partnership between the Department of Homeland Security (DHS) and the Social Security Administration (SSA). It was developed to provide individuals a tool to check their own employment eligibility status. In addition it acts as guidance on how to correct their DHS and SSA records. This is the first online E-Verify service offered directly to workers. It is available in English and Spanish.

Since the launch, thousands of individuals have used Self Check to access their federal employment eligibility records. It is also an guide to know how to correct potential record discrepancies before the hiring process.

USCIS also celebrated the official opening of its immigration field office in Queens, N.Y. The new office is located at 27-35 Jackson Ave. It has waiting rooms, an Application Supprt Center (where fingerprinting and photographic services are offered), a naturalization ceremony room, and interview and file rooms. The building, previously a warehouse was renovated to create a modern and efficient office space. The Queens office can serve about 500 people each business day. The office hours are between 7 a.m. and 3:30 p.m.

Around 100 employees transferred to the Queens office from the now-closed Garden City, Long Island, office. In addition, the USCIS recently opened an office in Holtsville, Long Island.

Posthumous Citizenship February 2, 2012

Per Public Law 101-249, foreign national or non citizen national whose death was due to an injury or disease that happened on active duty with the US armed services during specified periods of military hostilities are granted American citizenship. Posthumous citizenship is a status given to honor the bravery and sacrifices of such persons. Remember that it does not convey any benefits under the Immigration and Nationality Act (INA) to any relative of the deceased person.

Once the USCIS approves your application, you will be issued a Certificate of Citizenship (N-645) in the name of the deceased person. Note that the certificate only establishes that the person is considered to be a US citizen as of the date of his/her death. It is not valid for other purposes. There were a few changes effected in the Form N-644 instructions. The current Form N-644 edition has updated instructions regarding the eligibility requirements while applying for a Certificate of Posthumous Citizenship. One significant change is that persons who die as a result of active-duty service in the US armed services on or after September 11, 2001, now qualify for US citizenship. Mail your completed N-644 application along with the supporting documents (if any) to the California Service Center. Note that there is no filing fee for this application.

Remember that if you intentionally give false information or hide a material fact or submit a false document while you submitting your application package, USCIS will reject your application and also deny other immigration benefits. Apart from these, you will be subject to harsh penalties provided by law and might also lead to criminal prosecution. So always make sure you are true and transparent in all the disclosures.

Once the form is accepted, the USCIS will review it to check for completeness, and verify if the required documents are submitted. If the form is incomplete, or lacks the required evidence, the USCIS may deny your application. If you are not required to submit original documents along with the application, you can submit legible photocopies. Documents that are in a foreign language should be accompanied by a English translation. The translator has to certify the translation as complete and accurate. In addition, the translator should certify that he is competent to translate from a foreign language to English. There is no need to attend an interview. However, note that if the form is approved and you are outside the US at present, you have to appear at the nearest US Embassy or Consulate to sign for the certificate.

2012 DV Lottery Country-wise results January 19, 2012

ASIA

Afghanistan	109

Bahrain	29
Bangladesh	2,373

Bhutan	5

Brunei	0

Burma	370

Cambodia	596

Hong Kong Special Admin	54

Indonesia	256
Iran	4,453
Iraq	153

Israel	175

Japan	435
Jordan	152

Kuwait	108

Laos	1

Lebanon	274

Malaysia	118
Maldives	0

Mongolia	209

Nepal	3,258

North Korea	0

Oman	11

Qatar	19

Saudi Arabia	217

Singapore	45

Sri Lanka	708

Syria	160
Taiwan	391

Thailand	73

Timor-Leste	9

United Arab Emirates (UAE)	92

Yemen	149

AFRICA

Algeria	1,799

Angola	42

Benin	511

Botswana	7

Burkina Faso	226
Burundi	56
Cameroon	3,374
Cape Verde	9
Central African Republic	3
Chad	33

Comoros	9
Congo	105
Congo, Democratic Republic	3,445

Cote D’Ivoire	553

Djibouti	38

Egypt	4,664
Equatorial Guinea	4
Eritrea	670
Estonia	49

Ethiopia	4,902

Gabon	48

Ghana	5,832

Guinea	899
Guinea-Bissau	3

Kenya	4,720

Lesotho	8
Liberia	2,101
Libya	136

Madagascar	17
Malawi	16

Mali	76

Mauritania	29
Mauritius	59

Morocco	1,890
Mozambique	13
Namibia	10

Niger	32
Nigeria	6,024

Rwanda	333

Sao Tome and Principe	0

Senegal	270

Seychelles	6
Sierra Leone	3,397

Somalia	175
South Africa	833

Sudan	757
Swaziland	0

Tanzania	175

The Gambia	113

Togo	845

Tunisia	113

Uganda	418

Zambia	79

Zimbabwe	123

EUROPE

Austria	130
Azerbaijan	304

Albania	1,508

Andorra	1

Armenia	998
Aruba	4

Belarus	493
Belgium	105

Bosnia & Herzegovina	83

Bulgaria	883

Croatia	107

Cyprus	26

Czech Republic	104
Denmark	73

Finland	91
France	574
French Polynesia	7

Georgia	620
Germany	1,709

Greece	105

Hungary	325
Iceland	56

Ireland	213
Italy	529
Kazakhstan	434

Kyrgyzstan	321

Latvia	83

Liechtenstein	0
Lithuania	258
Luxembourg	8
Macau	19
Macedonia	160

Malta	20

Moldova	1,238
Monaco	3

Montenegro	18

Netherlands	149
New Caledonia	1

Northern Ireland	59

Norway	84

Portugal	66

Romania	1,327
Russia	2,353

San Marino	1

Serbia	298

Slovakia	80
Slovenia	16

Spain	232

Sweden	200
Switzerland	229

Tajikistan	270

Turkey	3,077
Turkmenistan	143

Ukraine	5,799

Uzbekistan	4,800

Vatican City	0

Kosovo	137
Curacao	14
St. Maarten	2

SOUTH AND CENTRAL AMERICA

Antigua and Barbuda	9
Argentina	101

Barbados	25

Belize	9

Bolivia	84

Chile	43

Costa Rica	43

Cuba	292

Dominica	18

Grenada	24

Guyana	26
Honduras	80

Nicaragua	49

Panama	21

Paraguay	17

Saint Kitts and Nevis	7
Saint Lucia	4
Saint Vincent and The Grenadines	16

Suriname	15

Trinidad and Tobago	175

Uruguay	19

Venezuela	925

OCEANIA

Australia	900

Christmas Islands	3
Cocos Islands	1

Cook Islands	6

Fiji	628

Kiribati	14

Marshall Islands	4

Micronesia	2

Nauru	5

New Zealand	309

Niue	14

Palau	5

Papua New Guinea	0

Samoa	0

Solomon Islands	0

Tuvalu	0

Tonga	93

Vanuatu	8

Western Samoa	9

NORTH AMERICA

Bahamas 15