Archive-name: us-visa-faq/part6 Last-Modified: May 30, 1994 Currently, the alt.visa.us FAQ is maintained by B.G. Mahesh [mahesh@evb.com] Many FAQs, including this one, are available via FTP on the archive site rtfm.mit.edu in the directory pub/usenet/news.answers. The path for this faq is /pub/usenet/news.answers/us-visa-faq/part6. To get the FAQ by E-mail, you should send a message to mail-server@rtfm.mit.edu with send usenet/news.answers/us-visa-faq/part6 in the body of the message. Please see part1 of this faq for standard disclaimers. Questions marked with a + indicate questions new to this issue; those with significant changes of content since the last issue are marked by *: Labor/GC -------- Q. How many days/weeks/months does it take to get a Labor Clearance for GC? A: [from B.G. Mahesh, mahesh@evb.com] This depends on the state you reside. After you send in the responses for your advertisement it can take anywhere from 4 weeks to 6 months [assuming the labor department did not find any problem with your case] Q. What is involved in the labor certification? A: [from B.G. Mahesh, mahesh@evb.com] o Prepare a job description for the job being offered. o Job must be "permanent". o Alien must be paid at least the minimum wages prevalent for the job in the geographical area of employment. o You need to advertise the job for 10 business days in your office o Advertise for 3 consecutive days in a newspaper. DOL [dept of labor] will send in all the responses they get for your advertisement and your employer needs to justify why you are better than other applicants. If the DOL doesn't approve your labor then you can't apply for labor clearance for the next 6 months. Q. Does the employer need to show the company's finances? A: [from B.G. Mahesh, mahesh@evb.com] Basically the employer needs to demonstrate that the company is financially sound and it can afford to employ you. So your employer may have to show the company's finances. Q. Should I apply for GC together with the H-1B, or after I get the H-1B? A: [from B.G. Mahesh, mahesh@evb.com] You can apply for GC with H-1B but it is advisable to wait for about 3-6 months after you get H-1B to apply for GC. Q: If one were waiting for a GC date to become current, after one got one's labor certification AND the 6 year limit on H-1B expires while waiting, will one have to leave the country ? A: [from Rajiv S. Khanna, rskhanna@access.digex.net] Yes, unless you are close enough to getting a green card so that your adjustment of status application can be filed, so that you may get a work permit through pendency of adjustment status. Q: Will all the GC wait come to a naught in this case , or can one wait for it outside the country ? A: [from Rajiv S. Khanna, rskhanna@access.digex.net] You can MOST certainly wait outside the country. Q: When Labor Certification has been recieved, is H-1B still the operating visa, or do you fall under some new status ? A: [from Rajiv S. Khanna, rskhanna@access.digex.net] Mere receipt of labor certification does not change your status. You have to apply to the INS for change of status. Q: Can one apply for GC through an employer while on H-1 for another employer? A: [from Rajiv S. Khanna, rskhanna@access.digex.net] Yes. The labor cert is for a job in future, which is currently available to test the labor market. It is open for US workers. The "alien" may only accept it upon receiving his/her permanent residence. The H-1, however, is for an entirely different job. Q: Can an applicant qualify for a GC without going through Labor Certification? A: [from Jaap Akkerhuis, jaap@tempel.research.att.com ] To qualify as an outstanding professor or researcher, INS requires meeting at least two of six criteria as follows: (1) Receipt of major prizes or awards for outstanding achievement in the academic field. (2) Membership in associations requiring outstanding achievements for their members. (3) Published material in professional publications written by others on behalf of the person's work in the academic field. (4) Evidence of the person's participation either individually or a panel as the judge of work of others in the same or allied academic field. (5) Evidence of the person's original scientific or scholarly research contributions in the academic field. (6) Evidence of authorship of scholarly books or articles in scholarly journals with international circulation in the academic field In addition, the person must have at least three years of experience in the academic field. Such work while working on an advanced degree is not acceptable unless the person obtained the degree and the person had full responsibility for classes taught or, for research conducted toward the degree, it has been recognized within the academic field as outstanding. Such evidence can be in the form of letter or letters from current or former employers. So note that a PhD is not required (I don't have one). Q: What category spouses of GC holders fall under? A: [from Rajiv S. Khanna, rskhanna@access.digex.net] Family preference 2A. Q: What is the waiting period for such cases? A: [from Rajiv S. Khanna, rskhanna@access.digex.net] As of December 1993: Appx. 2.5 to 3 years for India. Q: And, I had heard that there was a bill up for vote. Do you have any information on this? A: [from Rajiv S. Khanna, rskhanna@access.digex.net] The proposed special noimmigrant "S" visas were never voted on in Congress. The bill is on the back burner. Q: What is the time-frame to get a GC if the spouse is an U.S. citizen? A: [from B.G. Mahesh, mahesh@evb.com] You will get a temporary green card as soon as you marry a US citizen. After 2 years that card will get a permanent GC [You have to prove/show to INS that the marriage is genuine]. Q. Does a parent (green card holder) who has filed for a green card for his/her unmarried child who is under 21 years of age, have to file another petition if the child turns 21 while waiting for the green card? A: [from Suresh, sur@hrojr.hr.att.com] NO, the petition is automatically moved from category 2A (unmarried children under the age of 21) to category 2B (unmarried children over the age of 21--I'm not sure if this category includes married children also). The 2B category moves much slower than 2A. Q: Can GC holders sponsor for their parents GC? A: [from Rajiv S. Khanna, rskhanna@access.digex.net] US GC holder can *only* sponsor his/her spouse and unmarried children. Q: If I gained lawful permanent resident status (LPR) through a previous marriage, can I petition for my current spouse to immigrate to the US based on my LPR?" A: [From Brandon Nutter, bnutter@silver.ucs.indiana.edu] You may NOT file an I-130 (Petition for Alien Relative) for E. A husband or wife if you gained lawful permanent resident status by virtue of a prior marriage to a United States citizen or lawful permanent resident unless: 1) a period of five years has elapsed since you became a lawful permanent resident; OR 2) you can establish by clear and convincing evidence that the prior marriage (through which you gained your immigrant status) was not entered into for the purpose of evading any provision of the immigration laws; OR 3) your prior marriage (through which you gained your immigrant status) was terminated by the death of your former spouse. Q: What does "current" mean? A: [from Rajiv S. Khanna, rskhanna@access.digex.net] "Current" means there is no waiting involved. All people qualified for the category in question can immediately apply for adjustment of status (if within U.S.) or an immigrant visa (if outside the U.S.). +Q: What are the benefits/restrictions of a U.S. Permanent Resident? A: [from Alberto Molina, alberto@cybernet.cse.fau.edu] - Ability to leave/enter the U.S. at will without the risk of being denied entry by an Immigration official at the port of entry. - Right to apply for government-sponsored financial aid for education. - Permission to work in any company located in U.S. territory regardless of job function, hours/week, etc. except for some companies that only hire U.S. citizens. - Permission to start own business and create own corporation. - To keep PR, the person must reside in the U.S. for a minimum number of days per year (does anybody know what's the limit?) - Permanent residents get Social Security benefits when they retire. - Permanent residents can get into welfare if unable to get a job. - Permanent residents can sponsor spouse and unmarried children to obtain PR status. - Permanent Residents have to perform Jury duty. - Permanent residency can be revoked if the permanent resident gets involved in illegal activities. An example is a case that was discussed in this newsgroup where a permanent resident was deported for drug use. - Permanent residents cannot vote. GC Lottery ---------- DEPARTMENT OF STATE Bureau of Consular Affairs [Public Notice 1974] Registration for the Diversity Immigrant (DV-1) Visa Program ACTION: Notice of registration for the first year of the Diversity Immigrant Visa Program This public notice provides information on the application procedures for the 55,000 immigrant visas to be made available in the DV-1 category during Fiscal Year 1995. This notice is issued pursuant to 22 CFR 42.33 which implements Sections 201(a)(3), 201(e), 203(c) and 204(a)(1)(G) of the Immigration and Nationality Act, as amended, (8 U.S.C. 1151, 1153, and 1154). Final regulations related to this Notice are being published simultaneously with this Notice elsewhere in this issue of the Federal Register. Information on the Application Procedures for the 55,000 Immigrant Visas To Be Made Available in the DV-1 Category During Fiscal Year 1995 Sections 201(a)(3), 201(e), 203(c) and 204(a)(1)(G) of the Immigration and Nationality Act, as amended, taken together establish, effective for Fiscal Year 1995 and thereafter, an annual numerical limitation of 55,000 for diversity immigrants. Aliens who are natives of countries determined by the Attorney General according to a mathematical formula specified by the law will be able to compete for immigration under this limitation. This program is identified by the visa symbol DV-1 and is informally known as the "visa lottery." The law specifies that there must be a separate registration for each year's DV-1 visas. This information concerns the application period during 1994 for visas to be issued during fiscal year 1995. Qualifying Countries and Areas Under the DV-1 Program The law apportions immigrant visa issuance among six geographic regions (Africa, Asia, Europe, North America - other than Mexico, Oceania, and South America including Mexico, Central America, and the Caribbean) according to a formula based on total immigrant admissions over the most recent five-year period. The formula identifies both high and low admission regions and high admission foreign states. A greater share of the available visa numbers go to low admission regions than to high admission regions. High admission states are excluded entirely from the program. No single country may receive more than 7 percent (3,850) of the world-wide total of visa numbers. The U.S. Attorney General determines and publishes separately the countries whose natives (as that term is explained in question 1) are entitled to apply for DV-1 visas during Fiscal Year 1995. According to the law, countries are grouped by region (see list at the end of this notice). The allotment of visa numbers for each region is shown in parenthesis below: AFRICA:(20,200) All countries. ASIA: (6,837) All countries EXCEPT the following: China - mainland born and Taiwan born, India, Philippines, Vietnam, and South Korea. (Hong Kong is eligible). EUROPE: (24,549) All countries EXCEPT the following: United Kingdom and its dependent territories. (Northern Ireland is eligible). NORTH AMERICA: (8) Canada is not eligible. The Bahamas is the ONLY eligible country included in the North American region. SOUTH AMERICA: (2,589) All countries EXCEPT Mexico, Jamaica, El Salvador and the Dominican Republic. OCEANIA: (817) All Countries. How and When to Apply for DV-1 Status The application period for registration for the visas to be issued during Fiscal Year 1995 (i.e. from October 1994 through September 1995) will begin at 12:01 a.m. (Eastern Time) on Wednesday, June 1, 1994, and will end at midnight on Thursday, June 30, 1994. Applications must be typed or clearly printed and mailed to one of the six following addresses, depending upon the region of the applicant's native country: NOTE CAREFULLY THE IMPORTANCE OF USING THE CORRECT POSTAL ZIP CODE FOR EACH REGION. ASIA: DV-1 Program National Visa Center Portsmouth, NH 00210, U.S.A. SOUTH AMERICA: DV-1 Program National Visa Center Portsmouth, NH 00211, U.S.A. EUROPE: DV-1 Program National Visa Center Portsmouth, NH 00212, U.S.A. AFRICA: DV-1 Program National Visa Center Portsmouth, NH 00213, U.S.A. OCEANIA: DV-1 Program National Visa Center Portsmouth, NH 00214, U.S.A. NORTH AMERICA: DV-1 Program National Visa Center Portsmouth, NH 00215, U.S.A. Typed or clearly printed in the Roman alphabet in the upper left hand corner of the front of the envelope must be the country or area of which the applicant is a native. Typed or clearly printed below the country must be the same name and mailing address of the applicant as are shown on the application form contained therein. Failure to include this information will disqualify the application. Example: Pakistan, George Q. Public, 1234 Any Street, Apt. 5, Center City, CA 90001. Only one application may be submitted by or for each applicant during this registration period. (Submission of more than one application will disqualify the person from registration.) Applications for registration will be grouped by region and will be selected strictly in a random order from among all those received during the application period. Every application received will have an equal chance of being selected. Applications must be sent to the addresses above by regular mail or air mail only, and may be mailed from within the United States or abroad. The information required on the envelope must be typed or clearly printed. Any applications submitted by hand, telegram, FAX, or by any means requiring any form of special handling or acknowledgement of receipt, such as registered mail, express mail, or certified mail will not be eligible for the visa lottery. Applications received at the post office either before or after the application period, or delivered to any other address will not be processed for registration. Only one application may be included in each envelope. Size of Envelope The envelope in which each application is mailed must be BETWEEN 6 inches and 10 inches (15 cm to 25 cm) IN LENGTH, and BETWEEN 3 inches and 4 inches (9 cm to 11 cm) IN WIDTH. This is necessary to assist the automated processing of the mail. INFORMATION WHICH MUST BE INCLUDED WITH APPLICATION FOR REGISTRATION There is no application fee or special application form. The request for registration in the lottery must furnish the following information on a plain sheet of paper. All answers must be typed or clearly printed in the Roman alphabet. Each application must be in the following format: 1. APPLICANT'S FULL NAME Last Name, First Name and Middle Name (Underline Last Name/Surname/Family name) Example: Public, George Quincy 2. APPLICANT'S DATE AND PLACE OF BIRTH Date of birth: Day, Month, Year Example: 15 November 1961 Place of birth: City/Town, District/County/Province, Country Example: Munich, Bavaria, Germany 3. NAME, DATE AND PLACE OF BIRTH OF APPLICANT'S SPOUSE AND CHILDREN, IF ANY The spouse and child(ren) of an applicant who is registered for DV-1 status are automatically entitled to the same status. To obtain a visa on the basis of this derivative status, a child must be under 21 years of age and unmarried. NOTE: Do NOT list parents as they are not entitled to derivative status. 4. APPLICANT'S MAILING ADDRESS The mailing address must be clear and complete, since it will be to that address that the notification letter for the persons who are registered will be sent. A telephone number is optional. 5. APPLICANT'S NATIVE COUNTRY IF DIFFERENT FROM COUNTRY OF BIRTH See the answer to Question 1 in this notice regarding the meaning of "native" for the purposes of the DV-1 program. FREQUENTLY ASKED QUESTIONS ABOUT DV-1 REGISTRATION 1. HOW IS THE TERM "NATIVE" DEFINED? ARE THERE ANY BASES UPON WHICH PERSONS WHO HAVE NOT BEEN BORN IN A QUALIFYING COUNTRY MAY QUALIFY FOR REGISTRATION? Native means BOTH someone born within one of the qualifying countries AND someone entitled to be "charged" to such country under the provisions of Section 202(b) of the Immigration and Nationality Act. Applicants for DV-1 registration may be charged to the country of birth of a spouse; a minor dependent child can be charged to the country of birth of a parent; and an applicant born in a country of which neither parent was a native or a resident at the time of his/her birth may be charged to the country of birth of either parent. An applicant who claims the benefit of alternate chargeability must include a statement to that effect on the application for registration, and must show the country of chargeability on the upper left hand corner of the envelope in which the registration request is mailed. 2. MAY PERSONS WHO ARE IN THE U.S. APPLY FOR REGISTRATION? Yes, an applicant may be in the U.S. or in another country, and the application may be mailed in the U.S. or abroad. 3. IS EACH APPLICANT LIMITED TO ONLY ONE APPLICATION DURING THIS DV-1 REGISTRATION PERIOD? Yes, the law allows only ONE application BY OR FOR each person; SUBMISSION OF MORE THAN ONE APPLICATION WILL DISQUALIFY THE PERSON FROM REGISTRATION. NOTE: More than 400,000 applications were DISQUALIFIED during the 1993 and 1994 visa lotteries due to multiple applications. Applicants may be disqualified at time of registration or at the time of the visa interview if more than one entry is detected. 4. MAY A HUSBAND AND A WIFE EACH SUBMIT A SEPARATE APPLICATION? Yes, if otherwise qualified, a husband and a wife may each submit one application for registration; if either is registered, the other would be entitled to derivative status. 5. MUST EACH APPLICANT SUBMIT HIS/HER OWN REQUEST, OR MAY SOMEONE ACT ON BEHALF OF AN APPLICANT? Applicants may prepare and submit their own request for registration, or have someone act on their behalf. Regardless of whether an application is submitted by the applicant directly, or is assisted by an attorney, friend, relative, etc., ONLY ONE APPLICATION MAY BE SUBMITTED IN THE NAME OF EACH PERSON. Only one notification letter will be sent for each case registered, to the address provided on the application. 6. WHAT ARE THE REQUIREMENTS FOR EDUCATION OR WORK EXPERIENCE? The law and regulations require that every applicant must have at least a high school education or its equivalent or, within the past five years, have two years of work experience in an occupation requiring at least two years training or experience. A "high school education or equivalent" is defined as successful completion of a twelve-year course of elementary and secondary education comparable to that of a high school degree in the United States. Qualifying work experience shall be based upon the most recent edition of the Dictionary of Occupational Titles published by the Employment and Training Administration of the United States Department of Labor. Documentary proof of education or work experience should NOT be submitted with the application, but must be presented to the consular officer at the time of formal immigrant visa application. 7. HOW WILL CASES BE REGISTERED? At the National Visa Center all mail received will be separated into one of six geographic regions and individually numbered. After the end of the application period, a computer will randomly select cases from among all the mail received for each geographic region. Within each region, the first letter randomly selected will be the first case registered, the second letter selected the second registration, etc. It makes no difference whether an application is received early or late in the application period; all applications received within the mail-in period will have an equal chance of being selected within each region. When a case has been registered, the applicant will immediately be sent a notification letter, which will provide appropriate visa application instructions. The National Visa Center will continue to process the case until those who are registered are instructed to make formal application at a U.S. consular office or at an INS office in the United States in the case of those who are entitled to apply for change of status. The National Visa Center will provide additional instructions on what steps to take to pursue their applications for DV-1 visas. 8. MAY APPLICANTS ADJUST THEIR STATUS WITH THE INS? Yes, provided you are otherwise eligible to adjust status, if you are physically present in the United States you may apply to the Immigration and Naturalization Service (INS) for adjustment. Applicants who adjust, however, must first mail completed forms OF-230, Part I, and DSP-122 to the National Visa Center. Applicants should ensure that INS can complete action on their cases before September 30, 1995, since on that date registrations in the Fiscal Year 1995 DV-1 program terminate. 9. WILL APPLICANTS WHO ARE NOT REGISTERED BE INFORMED? No, applicants who are not registered will receive no response to their registration request. Only those who are registered will be informed. All notification letters are expected to be sent within about three months of the end of the application period. Anyone who does NOT receive a letter will know that his/her application has not been registered. 10. HOW MANY APPLICANTS WILL BE REGISTERED? A total of about 90,000 persons, both principal applicants and their spouses and children, will be registered. Since it is likely that some of the first 55,000 persons who are registered will not pursue their cases to visa issuance, this larger figure should ensure use of all DV-1 numbers, but it also risks some registrants' being left out. All applicants who are registered will be informed promptly of their place on the list. Each month visas will be issued, according to registration lottery rank order, to those applicants who are ready for visa issuance during that month. Once all of the fiscal year 1995 visas have been issued, the program for the year will end. Registered applicants who wish to receive visas must be prepared to ACT PROMPTLY on their cases. 11. IS THERE A MINIMUM AGE FOR APPLICANTS FOR REGISTRATION UNDER THE DV-1 PROGRAM? There is NO minimum age for submission of an application for registration, but the requirement of a high school education or work experience for each principal applicant at the time of visa issuance will effectively disqualify most persons who are under age 18. 12. WILL THERE BE ANY SPECIAL FEE FOR REGISTRATION IN THE DV-1 CATEGORY? There is NO FEE FOR SUBMITTING A REQUEST FOR REGISTRATION, and NO FEE should be included with the letter sent to the post office box indicated above. Furthermore, there is no fee for applicants who come to be registered through the lottery. 13. ARE DV-1 APPLICANTS SPECIALLY ENTITLED TO APPLY FOR A WAIVER OF ANY OF THE GROUNDS OF VISA INELIGIBILITY? No. Applicants are subject to all grounds of ineligibility specified in the Immigration and Nationality Act and there is no special provision for the waiver of any grounds of visa ineligibility other than those provided for in the Act. 14. MAY APPLICANTS WHO ARE ALREADY REGISTERED FOR AN IMMIGRANT VISA IN ANOTHER CATEGORY APPLY IN THIS REGISTRATION FOR THE DV-1 CATEGORY? Yes, such persons may seek DV-1 status through this registration as well. 15. HOW LONG DO APPLICANTS WHO ARE REGISTERED ON THE BASIS OF THIS APPLICATION PERIOD REMAIN ENTITLED TO APPLY FOR VISAS IN THE DV-1 CATEGORY? Under the law, persons registered following this DV-1 application period are entitled to apply for visa issuance ONLY DURING FISCAL YEAR 1995, i.e., from October 1994 through September 1995. There is no carry-over of benefit into another year for persons who are registered but who do not obtain visas during FY-1995. THERE IS ABSOLUTELY NO ADVANTAGE TO MAILING EARLY, OR MAILING FROM ANY PARTICULAR LOCALE. EVERY APPLICATION RECEIVED DURING THE MAIL-IN PERIOD WILL HAVE AN EQUAL CHANCE OF BEING SELECTED AT RANDOM WITHIN ITS REGION. HOWEVER MORE THAN ONE APPLICATION PER PERSON WILL DISQUALIFY THE PERSON FROM REGISTRATION. ALSO, FAILURE TO INCLUDE THE APPLICANT'S NATIVE COUNTRY AND FULL NAME AND ADDRESS ON THE ENVELOPE WILL DISQUALIFY THE APPLICATION. Countries of the world divided into the six regions defined in section 203(c)(1)(F) of the Immigration and Nationality Act of 1990 (1) Africa Algeria Angola Benin Botswana Burkina Burundi Cameroon Cape Verde Central African Republic Chad Comoros Congo Cote d'Ivoire (Ivory Coast) Djibouti Egypt Equatorial Guinea Eritrea Ethiopia Gabon Gambia, The Ghana Guinea Guinea-Bissau Kenya Lesotho Liberia Libya Madagascar Malawi Mali Mauritania Mauritius Morocco Mozambique Namibia Niger Nigeria Rwanda Sao Tome and Principe Senegal Seychelles Sierra Leone Somalia South Africa Sudan Swaziland Tanzania Togo Tunisia Uganda Zaire Zambia Zimbabwe (2) Asia Afghanistan Bahrain Bangladesh Bhutan Brunei Burma Cambodia China-mainland China-Taiwan (a "state" within the meaning of the Act) Hong Kong (a "state" within the meaning of the Act) India Indonesia Iran Iraq Israel Japan Jordan Korea, North Korea, South Kuwait Laos Lebanon Malaysia Maldives Mongolia Nepal Oman Pakistan Philippines Qatar Saudi Arabia Singapore Sri Lanka Syria Thailand United Arab Emirates Vietnam Yemen (3) Europe Albania Andorra Armenia Austria Azerbaijan Belarus Belgium Bosnia and Herzegovina Bulgaria Croatia Cyprus Czech Republic Denmark Estonia Finland France Georgia Germany Greece Hungary Iceland Ireland Italy Kazakhstan Kyrgyzstan Latvia Liechtenstein Lithuania Luxembourg Macedonia, The Former Yugoslav Republic of Malta Moldova Monaco Montenegro (a "state" for purposes of the Act; Serbia and Montenegro have proclaimed the formation of a joint independent state, but this entity has not been formally recognized as a state by the United States.) Netherlands Northern Ireland (a "state" within the meaning of the Act) Norway Poland Portugal Romania Russia San Marino Serbia (a "state" for purposes of the Act; Serbia and Montenegro have proclaimed the formation of a joint independent state, but this entity has not been formally recognized as a state by the United States.) Slovakia Slovenia Spain Sweden Switzerland Tajikistan Turkmenistan Turkey Ukraine United Kingdom Uzbekistan Vatican City (an independent city under the jurisdiction of the Holy See) (4) North America Bahamas, The Canada United States (5) Oceania Australia Fiji Kiribati Marshall Islands Micronesia, Federated States of Nauru New Zealand Palau Papua New Guinea Solomon Islands Tonga Tuvalu Vanuatu Western Samoa (6) South America, Mexico, Central America, and the Caribbean Antigua and Barbuda Argentina Barbados Belize Bolivia Brazil Chile Colombia Costa Rica Cuba Dominica Dominican Republic Ecuador El Salvador Grenada Guatemala Guyana Haiti Honduras Jamaica Mexico Nicaragua Panama Paraguay Peru St. Kitts and Nevis St. Lucia St. Vincent and the Grenadines Suriname Trinidad and Tobago Uruguay Venezuela As indicated above, the regulations pertaining to this Notice are being published in this issue of the Federal Register, and contain detailed information regarding the DV-1 program. ______________________ __________________ DATED Mary A. Ryan Assistant Secretary for Consular Affairs DV-1 Public Notice Drafted: Cleared: CA/VO/F/P:JWCarter CA/VO/F/:GCLannon 3/21/94 CA/VO/L:CDScully Ext. 31175 CA/VO/P:AMarwitz WWVOFPL 8416 CA/VO/F/I:SStapleton wordperfect 5.1 DIVNOT.w51 CA/VO/F/P:DSkocz CA/P:RWilliams L/CA:CBrown CA/VO:MHancock CA/VO:DDillard CA:DHobbs ______________________ ________________________ DATED David L. Hobbs Acting Assistant Secretary for Consular Affairs ------------------------------------------------------ US Citizenship -------------- Q: What is the time-frame to get U.S. citizenship if the spouse is an U.S. citizen? A: [from Ashish Nedungadi, ashish@eng.umd.edu] The spouse of a US citizen gets a CONDITIONAL green card "immediately" after marriage. After 2 years, the conditionality of this green card is removed(after successfully proving to INS that the marriage is legitimate). The spouse is eliglible for his/her citizenship after 3 years of receiving the CONDITIONAL green card. In a nutshell, 3 years after obtaining one's green card(including the CONDITIONAL one) If you want to get more technical ["technical" may not be the right word :-)] [from Rajiv S. Khanna, rskhanna@access.digex.net] (a) Any person whose spouse is a citizen of the United States may by naturalized upon compliance with all the requirement of this title except the provisions of paragraph (1) of section 316(a) if such person immediately preceding the date of filing his application for naturalization has resided continuously, after being lawfully admitted for permanent residence, within the United States for at least three years, and during the three years immediately preceding the date of filing his application has been living in marital union with the citizen spouse, who has been a United States citizen during all of such period, and has been physically present in the United States for periods totaling at least half of that time and has resided within the State or the district of the Service in the United States in which the applicant filed his application for at least three months. Q: Who can apply for U.S. citizenship? A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil] Persons who are 18 years of age or older, who are lawfully admitted permanent resident aliens and who meet certain requirements (see question 3) may apply for citizenship. Aliens who have served in the armed forces of the U.S. are eligible for citizenship under special provisions. Q: When can I apply for U.S. citizenship? A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil] Five years from the date of entry as a lawful permanent resident. If married to and living with citizen spouse in marital union for atleast 3 years before filing the application, the residence period is shortened to 3 years. You can file the application one month before the residence requirement is met. Also, you have to be a resident for 3 months in the state or INS district where you are filing the application. Q: What are the requirements for U.S. Citizenship? A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil] There are four main requirements that must be met by every applicant. (a) Basic literacy in the English language. (b) Knowledge of U.S. history. (c) Five years of residency in the U.S. (d) Good moral character. Q: Under what conditions can I be denied U.S. citizenship? A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil] (a) If you advocate or if you are a member of any organization that is opposed to organized government (i.e., if you preach and practice anarchy). (b) Membership in communist organizations. (c) If you advocate the overthrow of the U.S. Government by force, sabotage, violence or terrorism. (d) If you publish any material advocating the methods of item (c). (e) Exemption from services in the armed forces of the U.S. (unless the alien status does not permit the individual to serve on the armed forces or if the alien had served in the armed forces of his/her own country). (f) Desertion from military forces and draft evasion results in permanent ineligibility for citizenship. Q: Can citizenship once granted be revoked? A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil] You bet. Q: Under what conditions can my citizenship be revoked? A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil] If your behavior is not well disposed to the good order and happiness of the U.S. or if you concealed your wartime activities when applying for visas to enter the U.S. after World War II. Also, for example you do one of the following: (a) Refusal to testify before a congressional committee regarding alleged subversive activities within 10 years after becoming a U.S. citizen. (b) Establish permanent foreign residence within 5 years after becoming a U.S. citizen (c) Membership in an outlawed organization within 5 years after becoming a citizen. Denaturalization proceedings may be instituted against you for (a)-(c). REFERENCES: [1] Nancy-Jo Merritt, "Understanding Immigration Law," Makai Publishing group, Scottsdale, Arizona, 1993. +Q. Where can I get some information on dual citizenship? A: [From Rich Wales, richw@mks.com] * Using FTP Connect to mks-gate.mks.com get the file /usr/richw/dualcit * Using E-Mail Send a message to richw@mks.com with the subject "send dualcit". The body of the message can be blank, but you must type the subject line as indicated. -- B.G. Mahesh | Email: mahesh@evb.com Software Engineer | mahesh@sett.com EVB Software Engineering, Inc. | FAQ maintainer of alt.visa.us -----cut here-----