USCIS does not issue Certificates of Citizenship in cases where the person became a U.S. citizen based on birth in the United States.

If you do not meet the derivative citizenship criteria and want to apply for Naturalization (US Citizenship) based upon your green card download the Citizenship and Naturalization Application Guide to walk you through the process.

To determine if a sponsor meets the requirements, first determine the number of individuals in the sponsor’s household, then multiply that figure as reported by the Health and Human Services by “1.25”

Sponsor household size includes the following:
·       The sponsor
·       The sponsor’s spouse
·       The sponsor’s children, other than step-children that no longer reside with the sponsor, or children who are no longer claimed as dependents, or who have reached the legal age of maturity (typically 18 years)
·       Other persons claimed by the sponsor as dependents on tax returns
·       All prospective immigrants sponsored on the Affidavit of Support or I-130 petition
·       All immigrants for whom the sponsor has already filed an Affidavit of Support.
·       Relatives of the sponsor not listed as dependents but who have the same principal residence as the sponsor and whose income will be relied on to meet the requirements for the Affidavit of Support as evidenced by the completion of form I-864A.

For example, in 2011 the poverty level for a household of three was $18,530. To determine if the sponsor meets the income requirements take this number and multiply it by 1.25, (e.g. 18530 x 1.25), which gives the amount of $23,163 (always round up). Thus if the sponsor makes at least $23,163 for a family (household) of three, then the sponsor should be able to meet the income requirements.

If the petitioner is unable to meet the income requirements, a joint-sponsor may be able to submit an additional Affidavit of Support

If you have additional questions about the Affidavit of Support , check out VisaSnap’s Affidavit of Support Supplement!

The Violence Against Women Act (VAWA), which provides critical protection for undocumented women who have been the victims of violence in serious crimes, is in danger of not being reauthorized by the House Judiciary Committee.  VAWA was first passed into law in 1994. It requires reauthorization to remain in effect. The US Senate’s version of VAWA passed with strong bipartisan support and included provisions that enhanced existing protections for immigrant victims.

The House bill restricts the protection of the VAWA in three major ways: 1) it strips away the confidentiality protections, 2) it increases the requirements for U visas, and 3) it eliminates the ability to transition from U visa status to lawful permanent residence.

As Zoe Lofgren (D-CA) and John Conyers (D-MI) pointed out stakes are enormously high for women and children: “VAWA was designed to protect all women and empower law enforcement to go after the abusers. Of prime importance are protections for immigrant women – particularly vulnerable because of their dependence on spouses for immigration status. Abusers often use threats of deportation and permanent separation from children as powerful tools to control their battered wives. The VAWA principal protection gives victims the ability to petition for their own immigration status. By letting women take control of their own lives and provide for their children, VAWA helps them to leave abusive relationships and cooperate with police to hold perpetrators accountable.”  

Contact your Representative:  http://www.house.gov/representatives/find/

Read more:  http://www.nytimes.com/2012/05/14/opinion/backward-on-domestic-violence.html

The National Immigration Project of the National Lawyers Guild (NIPNLG) is announced the formation of DREAM Defenders, a collaboration of student groups and immigration advocacy organizations that includes the American Immigration Lawyers Association (AILA), the National Immigration Law Center (NILC), United We Dream (UWD), Educators for Fair Consideration (E4FC), DREAM Activist and the National Immigrant Youth Alliance (NIYA).

The DREAM Defenders will provide pro bono legal representation to stop the deportation of DREAMers, immigrant students who may qualify for the DREAM Act. Already, dozens of NIPNLG members have signed up to provide legal representation or assistance for DREAMers in detention or facing deportation.

For more information see: http://www.nationalimmigrationproject.org/press_releases/DREAM_Defenders_08-2011.pdf

If you are interested in applying for US Citizenship, be sure to check out VisaSnap’s Citizenship Application Guide today!

The K-1 Fiancé(e) Visa is a visa that permits foreign-national fiancé(e)s of US citizens to come to the United Stated for the express reason of getting married to the petitioning US citizen.  The visa is extremely limited in scope, since it will allow the K-1 fiancé(e) to enter the United States for a period of 90 days; the marriage to the US citizen must take place within the 90 day period.  If the marriage does not take place within 90 days then the K-1 Fiancé(e) must leave the United States.

Criteria for the K-1 Fiancé(e) Visa:

• The foreign national fiancé(e) must be engaged to, or planning to marry a US citizen
• Note: The K-1 Fiancé(e) Visa is not available to fiancé(e)s of US permanent residents or “green card” holders.
• The foreign-national fiancé(e) (intending immigrant) will enter the US to get married to the US citizen Petitioner.
• The marriage must occur within 90 days after entry by the foreign-national K-1 Fiancé(e)
• Both the US citizen and the foreign-national fiancé(e) must have met within the two previous years before the filing of the K-1 Visa application.
• NOTE: There are exceptions to this requirement, but they are typically difficult to obtain.  If the US citizen and foreign-national fiancé(e) have not met each other in person within the previous 2 years, or there is not adequate documentation to prove that a meeting took place, it may be a good idea to consider other visa options.

Ø Child must be born in wedlock. This means that the child was born while the foreign-national spouse and the US citizen spouse were married.

Ø Stepchild who was under 18 at the creation of the step relationship. This means that the child must have been under the age of 18 when the foreign national spouse and the U.S. citizen were married.

Ø A child legitimated before the age of 18 if the child is in the custody of the child’s father at the time of legitimating.

§ A legitimized child must meet all of the following requirements:

· first, the nature of the legitimation is always controlled by the law of the father’s residence or domicile

· second, the child must be under 18 years of age at the time of legitimation

· third, the father must have legal custody at the time of legitimation

· fourth, the parent must be the natural parent of the child

Ø The child is born out of wedlock to a US citizen father who maintains a bona fide parent-child relationship. This means that there is a real relationship between the child and the father, where the father can actively demonstrate that he has an active concern for the child support, and instruction and general welfare.

Ø The child is adopted before the age of 16 to adoptive parents having at least two years of legal custody and residence with the child. This means that the child must have been adopted before the child turned 16, and must have either lived or been under the custody of the US citizen parent for at least two years before the petition for a family green card is filed.

The State Department warns entrants to be aware of scammers who try to charge fees for applying for the lottery.  There is no application fee with the DV lottery.  The State Department website form instructions are translated into many languages.

The green card lottery was created in 1995 to give foreigners a chance to come to the US and for the US to become more ethnically diverse.

More recommendations for DV 2013 are posted at https://www.dvlottery.state.gov/

If you are interested in applying for a diversity green card, be sure to check out VisaSnap’s Diversity Lottery Application Guide.

The applicant must be provided with a timely written notice in most cases.  The only exceptions occur with the consent of the U.S. Department of State.  If a visa is refused it must be refused under specific grounds of the Immigration and Nationality Act. Section 221(g) of the INA allows consular officers to issue a temporary refusal of a visa petition in case where an otherwise eligible visa applicant is missing a specific document or in cases where a consular officer decides that additional security clearance measures are warranted.  Applicants are allowed to utilize 221(g) to overcome the denial or satisfy the deficiency.  The applicant has one year to overcome the refusal to avoid a new fee.  There is no time limit to applying to overcome the denial as long as the applicant is still entitled to visa status, though fees may apply.

http://www.state.gov/documents/organization/87917.pdf

To make sure you submit the best tourist visa application guide, and lower your chances of refusal use VisaSnap’s B-2 Tourist Visa Application Guide Today.

U.S. Ambassador to China Gary Locke has emphasized the importance of travel and trade between the two nations. According to the Department of Commerce, in 2010, more than 800,000 Chinese visitors contributed $5 billion to the U.S. economy and likewise made boosts to the job market. The United States is encouraging the Chinese government to extend visa reciprocity to allow both U.S. and Chinese travelers longer validity visas, which is in the interests of both nations.

http://www.state.gov/r/pa/prs/ps/2011/12/178910.htm

If you are interested in visiting the US be sure to check out VisaSnap’s B-2 Tourist Visa Application Guide!

See the text of the bill and it’s co-sponsors at ttp://www.govtrack.us/congress/bills/112/hr1932