A BOOK ON U.S. APPLICABLE LAW

Deacon San Nguyen

THE US IMMIGRATION AND NATURALIZATION LAW

US Immigration & Naturalization Law is considered as the most complicate law in the world because it is amended and rectified very often to be suitable with international and national political changes.

In the aftermath of the terrible event of April 19, 1995, when a tall federal building in Oklahoma City was completely bombed out killing 168 people, the Immigration & Naturalization Services (INS) was renamed Citizenship & Immigration Services (CIS) and its functions are no more under the US Department of Justice but under the Department of Homeland Security (DHS). However, some of the functions of the CIS are still under the control the Department of Justice. This change is made because of national security whenever the Department of Justice grants foreigners visas to enter the USA. The change is also for the sake of people of different races who are living in the USA which they consider as their second country. It should be noticed that many of naturalized citizens here have two nationalities, the US nationality and their original nationality, though US immigration law bans dual nationality.

US Immigration & Naturalization Law is consisted of two main parts: Immigration and Naturalization. Immigration Law requires so complex legal procedures that even some Immigration Attorneys sometimes miss important information and cause problems for their customers. On the other hand, Naturalization Law is comparatively simpler. There is no prerequisite for a man to be a citizen prior to his staying in this country. He can stay here as long as he likes without being a citizen.

A. Immigration Law

There are some different types of Non-Immigrant Visas:

1. Temporary Visas

  1. B-1 Visa: for Temporary Business Visitor who has business relationship with American manufacturers or companies, either in private section or government section. A foreign business man can visit America for a business presentation, seminar, or contract signing. Persons who own this kind of visas can never be working in USA.
  2. B-2 Visa: Temporary Visitor for Pleasure is issued to people who have invitations to America with the purpose that is either visiting their relatives and friends or being treated with severe illnesses which can not be treated in their country. With the reason that is simply to visit, visitors can stay at maximum for 6 months. After visitors come back their own country, they can apply for another visit. The condition for this kind of visa to be approved is a financial secure. It means the visitors must have large properties in their country to be sure that they will not stay in America illegally. If visiting America for a treatment, the patient must have paper work from medical doctors or hospital assuring that there is a need to have the patient here in certain period of time.
  3. C-Visa: For visitor who wants to stop by this country on the way to another country. The maximum time for this kind of visa is one month. No extension or changing visa is allowed.
  4. E-1 and E-2 Visa: For businessmen from England, French, Japan, and China…and all countries that had signed business treaties with USA.
  5. F-1 Visa: For international students. The prerequisite for this kind of Visa is scores from standardized tests from TOEFL, GMAT or other international test.
  6. H-Visa: For temporary workers who are hired to work at farms and relatives of farmers. This Visa has 3 years limit. For trainees at farms, the maximum time of staying is 2 years.
  7. K-1 Visa: For fiancée. After arriving in USA, they have 3 months to complete marriage certificates, it not, they have to return to their original countries. Children underage may follow parents to America.
  8. R-1 Visa: For Religious Workers who volunteer to serve at religious facilities such as Churches, Church Schools, Missions, or Non-profit organizations. The applicants for this kind of Visa must have letter of confirmation signed from their original organization in their original country confirmed that they had been continuously working for at least 2 years, and verification of employment of the organizations in America confirmed that the applicants would be hired to work full-time here. A number of people under R- 1 Visa, after two years working in America, could applied for a change of their Visa, from R-1 to Immigrant Visa. Practically, application for this kind of change is very rare and very complicated that few people could do that.

2. Immigrant Visa: All citizens and permanent residents living in USA can sponsor their immediate relatives such as parents, husband and wife, children, and siblings to America. As a general rule, applicants who are US citizens wait less time. Permanent residents wait more time for this kind of Visa.

There are four Preference Categories applied for sponsoring immediate relatives:

  1. First Preference Category: US citizens have rights to sponsor their parents, husband and wife, children under 21 years old without being controlled by Quotas.
  2. Second Preference Category: Permanent residents can sponsor for their spouses with the waiting time about 4 or 5 years. During the waiting time, if the sponsor became citizen, the waiting time will be cut less. Permanent residents can sponsor their children who are still single no matter how old the children are. Permanent resident can also sponsor their step- children if the marriage certificates signed before the children turn 18. Parents who are permanent citizens can sponsor adopted children under 16 years old if they live together at least 2 years.
  3. Third preference Category: Citizens can sponsor their children who already married with a long waiting time.
  4. Fourth Preference Category: Siblings who are citizens can sponsor their brothers or sisters, regardless the brothers or sisters are married or not. Half-brother and half-sister have rights to sponsor their half-brother or sister. The children under 21 years old and not married yet can follow their parents in USA.
  5. Resident Card will be expired at 10th year. Permanent residents can apply for a renewal 6 months before the expiration date. Children over 13 years old need to renew their resident cards as soon as possible.

B. US Naturalization Law

1. Requirements & Procedures for US Naturalization

  1. Have continuous residence in the United States as a green card holder for at least 5 years after receiving permanent resident card. Permanent residents may apply for naturalization 3 months immediately preceding the date of filing the Form N-400, Application for Naturalization.
  2. Be 18 or older at the time of filing.
  3. Have lived within the state, for at least 3 months prior to the date of filing the application.
  4. Be physically present in the United States for at least 30 months out of the 5 years immediately preceding the date of filing the application.
  5. After sending application for naturalization, must reside continuously within the United States up to the time of naturalization. Anyone lives outside the states over 1 year will not be allowed to apply for naturalization.
  6. If married with a US citizen, it needs 3 month as permanent resident, 3 years from the marriage, and 3 months living at the state where the applicant lives.

2. Forms for naturalization: Form N400, two ID pictures, copies of certificate of resident, and a fee of $675.00 by personal check or money order.

3. The waiting time from the day sending out the application to the day receiving the letter of invitation for an interview is around 8 months. Background check will be done before the invitation letter is sent out.

4. In the interview, the examiner will ask the questions already posted in form N400. Then, some questions about US History. Writing a short sentence in English is required by the examiner.

5. Applicants over 55 year old, living in USA at least 15 years, can use their original languages in the interview. Applicants over 50 year old, living in USA at least 20 years, can also use their original language in the interview. Applicants with medical or mental problems, if certified by a medical specialist, can become US citizens without an interview.

6. After passing the interview, applicants will receive letter of invitation for a naturalization ceremony at Federal Court. At the Court, applicants will swear in for a US citizen. If the Court is not large enough for all applicants, a public center where several thousands of people can swear in will be used instead. If by some reason, the Court can not organize the swearing-in ceremony within 30 days, INS will be the place for the naturalization ceremony. Sometimes, immediately after an applicant just passed the interview, an examiner may allow the applicant to swear in without waiting for a ceremony at Court.

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