US Census 2020

By Jessica Suotmaa 0

You might think the US census, a survey of the living population, has nothing to do with you if you’re undocumented, or just not a citizen. You would be wrong.

The census is organized by the government government to survey current population by state. Citizens, permanent residents, long-term visitors, work visa recipients, and undocumented immigrants are encouraged to participate in the census. The reason is that the results of the survey determine federally funding for the state, as well as state representation in the federal government.

In an immigrant-heavy state like California, a large portion of the population may not be citizens, but they should still be counted in order for California to be properly represented. Otherwise California could end up being underrepresented in Congress.

Funding for federal sponsored programs for healthcare, education, childcare, and food subsidies are also based on census results.

So, if a government employee knocks on your door, or a census survey comes in the mail, be sure to answer the questions.  Answer honestly, and don’t worry about the data. The census bureau does not share information with ICE.  The census does not have a nationality or citizenship question so whether you are documented should not come up in the survey.

Do you have questions or concerns regarding the survey? Or perhaps your immigration status? Contact Lum Law Group to speak to an experienced immigration attorney

Green Card Holders - Get naturalized now!

By Justin Lum 0

If you’ve been a permanent resident (green card holder) for five years or longer, why have you not applied for citizenship yet?

Our immigration attorneys are always encouraging people to apply for naturalization–relatives, friends, and clients alike! We don’t encourage you to apply for citizenship to collect attorney fees, rather, we encourage you to obtain your citizenship for your own sake. We’re just Good Samaritans looking out for you and your family.

“Of course I want to be a U.S. Citizen”

If you understand why we encourage permanent residents to apply for citizenship–that’s great! Stop reading right now and go file your application immediately! These days, filing your N-400 Application for Naturalization couldn’t be easier–you can apply via mobile app and even pay with a credit card.

However, due to a great number of permanent residents realizing the importance of citizenship, United States Citizenship and Immigration Services (USCIS) is behind in processing and the entire process may take a year–or longer! All the more reason why you should get started on your naturalization process today (See our article: Want to get Naturalized? Here’s everything you need to know!)

“But, <insert your excuse>”

If you’re not sure why we’re strongly encouraging green card holders to apply for naturalization, then keep reading, because we have an important message for you.

Here’s the message:

As a U.S. permanent resident, your residency permit is not guaranteed.

What this means is that you may lose your green card at any moment. It could be caused by a change in laws, an unforeseen arrest, or perhaps you’ve had too many DUIs. You could lose your green card if you decided to study abroad, work abroad, or visit relatives for an extended period of time. You could have your permanent resident card revoked at the border for any one of the above reasons, and in the extreme, you may even be placed in a detention center or deported.

In other words, your “right” to remain in the U.S. is conditional, meaning it can be taken away from you.

With many changes being made under the new administration where current laws and regulations are being followed more closely than ever before, it’s important to review your history and decide if it’s time to naturalize.  Green card holders with criminal records are being detained and deported. The amount of time a permanent resident stays in the U.S. versus abroad is closely scrutinized.  Border control inspect green card holders carefully, checking their “permanent residence” category, flagging suspicious looking residents, and running FBI background checks.

If our message doesn’t convince you to apply for citizenship, then consider USCIS’ Top 10 Reasons Why You Should Get Naturalized:

  1. Voting Rights – The right to vote for gov’t representatives.
  2. The Right to Serve on a Jury – The right to participate in justice.
  3. U.S. Passport – The ability to travel with a U.S. passport and be protected in the U.S. embassies of foreign countries.
  4. Bring Relatives to the U.S. – The right to petition for relatives to immigrate to the U.S.
  5. Children under 18 can become U.S. Citizens – For your children, even if born abroad, to (likely) have automatic citizenship.
  6. Apply for Federal jobs – The right to apply to the many federal positions that are limited to U.S. citizens.
  7. Run for Public Office – The right to become a politician and represent your community.
  8. Maintain Residency – The right to leave the U.S. for as long as you want and still be welcome back.
  9. Eligibility for Federal grants and scholarships – The right to apply for federal student grants and scholarships.
  10. Eligibility for Government benefits – The right to apply for certain gov’t benefits that are limited to citizens.

If you’re convinced, head over to the USCIS N-400 page to read more about the naturalization process, or read our summary here.

If you have still have questions, send us a message or give us a call!

Want to get naturalized? Here's what you need to know...

By Jessica Suotmaa 0

In line with recent trends, our office has received more inquiries regarding naturalization, with more and more people realizing that they are safer as U.S. citizens than permanent residents. Note: We estimate the naturalization process to take about a year, given USCIS 700,000+ processing backlog.

The process of applying for Naturalization is as follows:

  1. Check that you qualify to be naturalized
  2. Fill out Form N-400 and gather necessary documents
  3. Mail out your completed application (or send it online)
  4. Prepare for your interview
  5. Go to your interview/test
  6. Attend the naturalization/oath ceremony

As we haven’t found a comprehensive resource for those looking to learn more about how to prepare for the interview and citizenship test beyond USCIS official resource center, we’ve compiled this list as a comprehensive resource.

Keep in mind that USCIS will test you on the following:

  • Civics: You will be asked about 10 questions on U.S. history, U.S. government, U.S. geography.
  • Listening: You will be expected to understand the officer interviewing you and converse accordingly.
  • Reading: You will be asked to read a sentence aloud during your interview.
  • Writing: You will be asked to write a sentence that is read to you (dictation).

You can prepare for the listening, reading, and writing portions of your interview by studying vocabulary lists, chatting with many different people (with different accents), and watching the news.

Official information:

Form help:

Interview help:

Citizenship test help:

Podcasts:

Apps:

 

Do you know of additional resources that we can add to this list? Let us know!

Family immigration

By Justin Lum 0

Did you know that children born to US citizens living outside the US are no longer automatically considered US citizens? As US citizenship is no longer automatic for children born to one or more US citizens overseas, it’s important to prepare for the process of obtaining a Consular Report of Birth Abroad (CRBA) for your child.

Under the Child Citizenship Act (CCA),

 “…the U.S. citizen parent of a child living abroad must have five years of physical presence in the United States or its outlying possessions with at least two years occurring after age 14, in order to apply for citizenship on behalf of the child.”

After you make an appointment with the embassy, gather evidence of your citizenship and US residence. You will have to provide that information in person. But what kind of evidence are they looking for? Proof of citizenship is explained on the US Embassy, Beijing as follows:

“Physical presence is the actual time when the parent was physically within the borders of the United States. This means that any travel outside the United States, including vacation, should be excluded. Maintaining a residence in the U.S. does not constitute physical presence. You may submit tax returns, wage statements (W2s), school transcripts, utility bills, rental/lease agreements, etc. as evidence of your physical presence in the United States. If you submit W-2s as evidence of physical presence, please also submit a letter from the employer stating your period of stay in the U.S. If a parent is a naturalized U.S. citizen, previous Chinese passports can be used as evidence of physical presence.”

The CRBA form (FS-240) requires applicants, both US citizen and foreign national parents, to cite when and where they were in the US, which other countries they’ve been in, and what the purpose of their stay in the US had been.  Hard evidence supporting the exact dates is necessary for the interview.

For more information on how we can help you, please contact our office.