Browsing Tag

immigration

Children, Citizenship/Naturalization, Naturalization, Students

Students may apply for naturalization where they attend school

USCIS released a message earlier this month stating that eligible students can apply for naturalization in the state where they attend school, or in the state where their family lives as reflected in the USCIS Policy Manual.

Who is eligible? 
* Students 18 years of age or older who are applying for naturalization
* who attend educational institution in a different state from where their family lives
* and who are unmarried and financially dependent on their parents.
How does this benefit students?
Eligible students may apply for US Citizenship in the state where they attend school, rather than applying from their parent’s home state. This is helpful since the naturalization process takes months, and requires a biometrics appointment at the local USCIS office. Students who apply from the city where their University is located will not need to travel to their parents state to be fingerprinted, and to be interviewed by USCIS.
Asylum, EAD Work Permit, F-1, Student Visa, TPS

Can an F-1 student apply for asylum?

Q: I’m currently on an F-1 student visa studying in the US. I am afraid to go back to my home country. Can I apply for asylum?

 

A: Yes, immigrants present in the US may apply for asylum, as long as they have a true non-frivolous claim. Although applicants generally need to apply during their first year in the US, there are some exceptions, including maintaining another lawful immigration status (like your F-1 status.) However, you should still apply as soon as possible.

TPS: Some countries have been designated for Temporary protected Status, or TPS. You should check the list of current TPS countries, and talk with your international student advisor or an immigration attorney about this option as well.

Asylum: Asylum is not just based on being afraid. Your situation/fears need to meet 3 specific criteria, and need to be reasonable. For example, as part of the application, you would provide reports to show that harm you suffered, or are afraid of suffering is reasonable for your country. I’ll outline the general  3 criteria below: Continue Reading

DAPA, Family Immigration

What is deferred Action for Parental Accountability (DAPA)? Who is eligible?

**Update: DAPA program is currently on hold. From USCIS: Update: Due to a federal court order, USCIS will not begin accepting requests for the expansion of DACA on February 18 as originally planned and has suspended implementation of Deferred Action for Parents of Americans and Lawful Permanent Residents. The court’s temporary injunction, issued February 16, does not affect the existing DACA. Individuals may continue to come forward and request an initial grant of DACA or renewal of DACA under the original guidelines. Please check back for updates. (http://www.uscis.gov/immigrationaction) **

President Obama took executive action on Immigration this past November. Part of his initiatives include a new program providing Deferred Action for Parents of Americans and Lawful Permanent Residents, or Deferred Action for Parental Accountability (DAPA).

Who is eligible?

  • Parents of US citizens and lawful permanent residents who have been present in the US since 1/1/2010. These parents also need to pass a criminal background check and pay taxes.

What kind of relief is available?

  • Eligible parents can obtain deferred action, which allows them to remain temporarily in the US without fear of deportation. In addition, they will be able to obtain employment authorization.

When is DAPA available?

  • USCIS estimates 180 days following the President’s announcement, which would be May 2015.

What can I do now?

  • Save for filing fees, likely $465
  • Gather evidence to show presence in the US
  • Do not travel outside of the US
  • Consult with a licensed immigration attorney